Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Proposed Rules 5761 

Canada), dual citizen of Canada and a 

third country other than a country listed 

in § 126.1 of this subchapter unless the 

conditions of § 126.18(c) are satisfied, or 

permanent resident registered in Canada 

in accordance with the Canadian 

Defense Production Act, and such other 

Canadian Crown Corporations identified 

by the Department of State in a list of 

such persons publicly available through 

the website of the Directorate of Defense 

Trade Controls and by other means. 

* * * * * 

■ 6. Amend § 126.18 by revising 

paragraph (c)(2) to read as follows: 

§ 126.18 Exemptions regarding intracompany, intra-organization, and intragovernmental transfers to employees who 

are dual nationals or third-country 

nationals. 

* * * * * 

(c) * * * 

(2) The end-user or consignee to have 

in place a process to screen its 

employees and for the employees to 

have executed a nondisclosure 

agreement that provides assurances that 

the employee will not transfer any 

defense articles to persons unless 

specifically authorized. The end-user or 

consignee must screen its employees for 

substantive contacts with restricted or 

prohibited countries listed in § 126.1. 

Substantive contacts include regular 

travel to such countries, recent or 

continuing contact with agents, brokers, 

and nationals of such countries, 

continued demonstrated allegiance to 

such countries, maintenance of business 

relationships with persons from such 

countries, maintenance of a residence in 

such countries, receiving salary or other 

continuing monetary compensation 

from such countries, or acts otherwise 

indicating a risk of diversion. An 

employee who has substantive contacts 

with persons from countries listed in 

§ 126.1(d)(1) shall be presumed to raise 

a risk of diversion, unless DDTC 

determines otherwise. End-users and 

consignees must maintain a technology 

security/clearance plan that includes 

procedures for screening employees for 

such substantive contacts and maintain 

records of such screening for five years. 

The technology security/clearance plan 

and screening records shall be made 

available to DDTC or its agents for civil 

and criminal law enforcement purposes 

upon request. 

* * * * * 

PART 127—VIOLATIONS AND 

PENALTIES 

■ 7. The authority citation for part 127 

continues to read as follows: 

Authority: Sections 2, 38, and 42, Pub. L. 

90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2791); 22 U.S.C. 401; 22 U.S.C. 2651a; 22 

U.S.C. 2779a; 22 U.S.C. 2780; E.O. 13637, 78 

FR 16129; Pub. L. 114–74, 129 Stat. 584. 

■ 8. Amend § 127.12 by revising 

paragraph (b)(5) to read as follows: 

§ 127.12 Voluntary disclosures. 

* * * * * 

(b) * * * 

(5) Nothing in this section shall be 

interpreted to negate or lessen the 

obligations imposed pursuant to 

§§ 126.1(e), 126.16(h)(8), and 

126.17(h)(8) of this subchapter. 

* * * * * 

Bonnie Jenkins, 

Under Secretary, Arms Controls and 

International Security, Department of State. 

[FR Doc. 2022–01889 Filed 2–1–22; 8:45 am] 

BILLING CODE 4710–25–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2021–0913; FRL–9351–01– 

R7] 

Air Plan Approval; State of Missouri; 

Revised Plan for 1978 and 2008 Lead 

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to take 

action to approve the State of Missouri’s 

request to remove its State 

Implementation Plan (SIP) for 

maintaining the 1978 Lead National 

Ambient Air Quality Standards 

(NAAQS) in portions of Iron County, 

Missouri, surrounding the former Glover 

smelter, and replace the maintenance 

plan with a plan for continued 

attainment of the 2008 Lead NAAQS. 

Missouri has entered into a Consent 

Agreement with the facility’s current 

owner, the Doe Run Company (Doe 

Run), and has submitted the Consent 

Agreement for approval into the SIP 

along with a plan demonstrating 

continued attainment of the 2008 Lead 

NAAQS in the area. The EPA’s 

proposed approval of the request is 

based on the determination that the area 

continues to meet the 1978 and 2008 

Lead NAAQS and that the plan provides 

additional protections to air quality 

regardless of ownership and/or 

operational status of the Glover facility. 

DATES: Comments must be received on 

or before March 4, 2022. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R07– 

OAR–2021–0913 to https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received will be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Written Comments’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Stephanie Doolan, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, KS 66219 at (913) 

551–7719 or by email at 

doolan.stephanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Written Comments 

II. Background for the EPA’s Proposed Action 

III. Missouri’s Submission 

IV. The EPA’s Analysis of the State’s Request 

1. Air Monitoring Demonstrates 

Attainment of the 2008 Lead NAAQS 

2. Demonstration that the Plan will Protect 

the 2008 Lead NAAQS 

3. Verification of Continued Attainment 

4. Deconstruction or Demolition of 

Remaining Structures 

5. Other Differences Between the 2004 

Maintenance Plan and 2003 Settlement 

Agreement and the 2020 Plan and 2020 

Consent Agreement 

V. Requirements for Approval of a SIP 

Revision 

VI. The EPA’s Proposed Action 

VII. Incorporation by Reference 

VIII. Environmental Justice Concerns 

IX. Statutory and Executive Order Reviews 

I. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–R07–OAR–2021– 

0913, at https://www.regulations.gov. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 


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consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

II. Background for the EPA’s Proposed 

Action 

American Smelting and Refining 

Company Incorporated (ASARCO) 

constructed the Glover facility in 1968 

prior to the Clean Air Act (CAA) and 

any associated permitting or air 

pollution control requirements. In 1978, 

the EPA promulgated a national ambient 

air quality standard (NAAQS) for lead of 

1.5 micrograms per cubic meter (mg/m3) 

averaged over a calendar quarter (43 FR 

46246, October 5, 1978). To comply 

with the 1978 standard, in 1980 the 

state submitted its attainment plan 

which was approved by EPA into the 

Missouri State Implementation Plan 

(SIP) (46 FR 23412, April 27, 1981). The 

area surrounding the facility was 

subsequently designated as 

nonattainment for the 1978 Lead 

NAAQS on November 6, 1991 (56 FR 

56694). On August 14, 1996, Missouri 

submitted a second attainment plan for 

the area that was approved by EPA into 

Missouri’s SIP (62 FR 9970, March 5, 

1997). On August 30, 1998, the Doe Run 

Company (Doe Run) acquired all 

ASARCO’s Missouri lead interests 

including the Glover facility. The 

transfer of ownership was approved into 

the Missouri SIP on April 16, 2002, in 

a SIP approval action that primarily 

pertains to the Herculaneum primary 

lead smelter (67 FR 18497). On October 

29, 2004, the EPA redesignated the area 

surrounding the Glover facility to 

attainment of the 1978 Lead NAAQS 

and approved the maintenance plan for 

ensuring continued maintenance of the 

standard (69 FR 63072). As part of the 

2004 maintenance plan approval, the 

EPA approved the Settlement 

Agreement between Missouri and Doe 

Run, dated October 31, 2003, into the 

SIP. 

Doe Run ceased smelting operations 

at the facility in November 2003. 

Subsequent to ceasing operations, 

monitors recorded 3-month rolling 

calendar quarter average lead 

concentrations in the area that were 

continuously below 0.15 mg/m3, the 

level of the 2008 Lead NAAQS. Because 

the lead concentrations monitored in 

ambient air were less than the 2008 

Lead NAAQS level, EPA designated the 

area as unclassifiable/attainment for that 

NAAQS (75 FR 71033, November 21, 

2010). 

In 2013, Doe Run initiated demolition 

of buildings and other structures at the 

facility. During these activities, ambient 

air monitors in the Glover area violated 

the 2008 Lead NAAQS. Doe Run ceased 

these activities temporarily to 

implement more stringent dust control 

measures before resuming demolition. 

There were no subsequent violations of 

the 2008 Lead NAAQS. 

In its October 7, 2020 SIP revision 

request, Missouri reports that as of 

December 2019, most of the 

deconstruction and removal activities at 

the Glover facility are complete. Doe 

Run demolished the sinter plant and 

associated baghouses; removed the 

furnaces, feed conveyors, kettles and 

casting line; and capped and vegetated 

the ASARCO slag pile. In its October 7, 

2020 SIP revision request, Missouri also 

reports that Doe Run has filed closure 

plans for the Glover facility with 

Missouri’s Land Reclamation Program. 

In January 2018, the Land Reclamation 

Program approved Doe Run’s Metallic 

Minerals Waste Management Closure 

Plan for the Glover facility. Two stacks 

still stand on the premises. 

Additionally, the unloading building is 

still in use as a lead concentrate storage 

and transfer station. 

III. Missouri’s Submission 

On October 7, 2020, Missouri 

submitted a request to strengthen the 

SIP by replacing its maintenance plan 

and associated Consent Agreement for 

the 1978 Lead NAAQS for the former 

Doe Run Glover lead smelter in Iron 

County, Missouri, with a plan for 

continued attainment of the 2008 Lead 

NAAQS (hereinafter ‘‘2020 Plan’’). 

Missouri’s request includes a June 6, 

2020 Consent Agreement between 

Missouri and Doe Run (hereinafter 

‘‘2020 Consent Agreement’’) as a 

replacement for the 2003 Settlement 

Agreement. The 2020 Consent 

Agreement restricts lead emitting 

activities, requires fugitive emissions 

controls and contingency measures, and 

applies to current and future owners of 

the facility. Once incorporated into the 

SIP, any change to the 2020 Consent 

Agreement would require a SIP revision 

and accompanying determination by the 

EPA that the revision remains at least as 

protective as the current agreement 

under the CAA before the changes could 

take effect. 

As discussed in section II, the 

maintenance plan for the facility 

approved by the EPA in 2004 and its 

federally enforceable Settlement 

Agreement contain emission controls 

and contingency measures based on the 

facility’s operation as a lead smelter. 

The 2004 maintenance plan and 2003 

Settlement Agreement no longer 

represent the types of controls and 

contingency measures necessary to 

ensure the control of fugitive lead 

containing dust and to secure the 

facility against re-entrainment due to 

future demolition of on-site structures 

and/or disturbance of leadcontaminated soil that may cause a 

violation of the lead standard. For these 

reasons, Missouri and Doe Run executed 

the 2020 Consent Agreement that 

updates the emissions controls to work 

practice standards for the control of 

fugitive lead-contaminated dust, revises 

the contingency measures to be 

implemented in the event of a future 

violation to include fugitive dust 

controls that can be immediately 

implemented, and makes the controls 

and contingency measures applicable 

and binding on any future property 

owner and/or operator. The 2020 

Consent Agreement contains provisions 

for restarting ambient air monitoring 

should conditions at the facility change 

and pose a potential for a future 2008 

Lead NAAQS violation. 

Section IV describes the EPA’s 

analysis of Missouri’s submission and 

rationale for its proposed approval 

demonstrating how the 2020 plan and 

2020 Consent Agreement meet the 

general SIP submission requirements for 

approval pursuant section 110 of the 

CAA and specifically the requirements 

of section 110(l) which are described 

below. 

IV. The EPA’s Analysis of the State’s 

Request 

As discussed above, the EPA’s action 

to redesignate the area under the 1978 

Lead NAAQS also contained EPA’s 

approval of a maintenance plan to 

ensure that the area continues to attain 

the 1978 Lead NAAQS. On November 

12, 2008, the EPA promulgated the 2008 

Lead NAAQS and stated that the 1978 

Lead NAAQS would continue to apply 

for a period of one year following the 

effective date of designations, except 

that for areas in nonattainment of the 

1978 Lead NAAQS that standard would 

continue to be in effect until EPA 

approved a SIP for the 2008 Lead 

NAAQS (73 FR 66964, 67043). As 

explained above, EPA redesignated the 

Glover area to attainment of the 1978 

Lead NAAQS on October 29, 2004. 

Thus, the 1978 Lead NAAQS was 

revoked for the Glover area one year 

following its attainment designation for 

the 2008 Lead NAAQS. While the 1978 

Lead NAAQS was revoked for the 

Glover area, the 1978 Lead NAAQS 


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1Because the Glover Area was designated as an 

unclassifiable/attainment area for the 2008 Lead 

NAAQS, Missouri is not required to submit a plan 

for attaining the 2008 Lead NAAQS. See 75 FR 

71033, November 22, 2010. While Missouri’s 

submittal is entitled ‘‘Plan for Continued 

Attainment of the 2008 Lead Standard in Liberty 

and Arcadia Townships in Iron County Doe Run— 

Glover Facility’’, the plan is not an attainment plan 

subject to the requirements of section 172 of the 

CAA or a maintenance plan subject to the 

requirements of section 175A of the CAA. 

2The April 19, 2019 EPA approval letter of 

Missouri’s 2018 monitoring network plan is 

included in the docket for this action. 

maintenance plan for the Glover area 

remained part of Missouri’s SIP. 

The state has requested that the EPA 

approve the October 7, 2020 submittal 

as a replacement for the SIP-approved 

maintenance plan for the 1978 Lead 

NAAQS and the 2020 Consent 

Agreement as a replacement for the 

2004 Settlement Agreement.1 The EPA 

is evaluating the request to ensure the 

request satisfies the requirement of 

section 110(l) of the CAA that the plan 

revision not interfere with any 

applicable requirement concerning 

attainment, reasonable further progress 

or any other applicable CAA 

requirement. The following paragraphs 

present the EPA’s analysis of how the 

state’s plan meets the requirements of 

CAA section 110(l). 

1. Air Monitoring Demonstrates 

Attainment of the 2008 Lead NAAQS 

The State of Missouri operated a State 

and Local Air Monitoring Stations 

(SLAMS) ambient air monitor for lead 

for the Glover nonattainment area to 

demonstrate attainment of the 1978 

Lead NAAQS. The data from this 

monitor were also used to designate the 

Glover area as unclassifiable/attainment 

for the 2008 Lead NAAQS. From 

January 2014 to May 2019, ambient air 

monitors recorded data that was below 

the level of the 2008 Lead NAAQS. The 

maximum annual three-month rolling 

average lead concentration for 2018 for 

the monitor operated by Missouri is 0.02 

mg/m3. 

In its 2018 Monitoring Network Plan, 

Missouri requested to cease operating its 

ambient lead monitor downwind from 

the Glover facility on the basis that the 

monitor met the regulatory requirements 

for monitor shutdown of 40 CFR 

58.14(c), namely that the area has 

shown attainment of the lead standard 

for the previous five years and that the 

probability that 80 percent of the 

standard will be exceeded is less than 

10 percent. In an approval letter dated 

April 19, 2019, EPA approved 

Missouri’s request noting that EPA may 

require monitoring to be restarted in the 

future if a change in the facility status 

occurs (such as demolition, site cleanup 

or construction) that could result in 

increased re-entrainment of lead dust.2

Missouri discontinued sampling at the 

site in May 2019. 

Doe Run currently operates two air 

monitors for lead in the area classified 

as non-ambient industrial source 

monitors. The sites are named the 

Glover Post Office Site and the Glover 

Big Creek Site. These air monitors also 

have not recorded violations of the 2008 

Lead NAAQS since the violation that 

occurred during the 2013 demolition 

activities. The 2020 Consent Agreement 

states that Doe Run shall continue 

monitoring for airborne lead at the 

Glover Post Office site and the Glover 

Big Creek site until EPA approves the 

2020 Plan and 2020 Consent Agreement 

into the Missouri SIP. 

The 2020 Consent Agreement 

provides a process for resumption of 

monitoring should certain lead-emitting 

activities resume at the facility. Through 

this action, the EPA is proposing to 

allow Doe Run to discontinue sampling 

at these two monitoring sites per the 

2020 Consent Agreement based on 

EPA’s determination that historical 

monitoring demonstrates that air quality 

in the area will remain in compliance 

with the 2008 Lead NAAQS based upon 

the facility operations allowed by the 

2020 Consent Agreement. 

2. Demonstration That the Plan Will 

Protect the 2008 Lead NAAQS 

Missouri has demonstrated the 

continued attainment of the standard 

through fugitive emission controls and 

work practice standards that have been 

verified by the ongoing attainment of 

the 2008 Lead NAAQS at the ambient 

air monitor. The 2008 Lead NAAQS, 

0.15 mg/m3 averaged over a rolling 

calendar quarter, is more stringent than 

the 1978 Lead NAAQS, 1.5 mg/m3

averaged over a calendar quarter. The 

activities at the facility are limited 

under paragraph 1.A of the 2020 

Consent Agreement to handling and 

storage of lead concentrate material. 

Under paragraph 1.A Doe Run shall not 

resume or recommence any lead 

smelting, refining, molding, casting, or 

any other activity at the Glover facility 

that will result in production-related 

lead emissions without Missouri’s 

written approval. 

Other requirements from the 2020 

Plan and 2020 Consent Agreement 

between Missouri and Doe Run (and its 

successors) include continued operation 

of a vehicle wash station, street 

cleaning, road sprinkler systems, and 

the requirement to maintain the fence 

line surrounding the facility to preclude 

public access. 

Paragraph 1.B. of the 2020 Consent 

Agreement requires Doe Run to 

continue to operate a vehicle wash 

station designed to wash a vehicle’s 

undercarriage, sides, backs and tailgates, 

tires, and wheels. Every vehicle leaving 

the Glover facility after loading or 

unloading concentrate or lead-bearing 

materials must be washed in the wash 

station prior to exiting the facility. The 

vehicle wash requirement was a 

contingency measure in the 2004 

maintenance plan; whereas, it is a 

requirement of the 2020 Consent 

Agreement. 

Paragraph 1.C. of the 2020 Consent 

Agreement requires Doe Run to 

continue to conduct street cleaning 

using a regenerative air sweeper or a 

device of comparable efficiency. Street 

cleaning will continue for all interior 

roads traveled by trucks transporting 

concentrate or lead-bearing material 

trucks from the loading or unloading 

area to the wash station at least once 

each week that loading or unloading 

occurs. During periods when freezing 

temperatures may form snow, ice or 

hazardous conditions, street cleaning 

operations may be suspended. This 

requirement differs from the 2004 

maintenance plan only in that Doe Run 

was previously required to conduct 

street cleaning once per day; the 2020 

Consent Agreement requires street 

cleaning once per week. The 2004 

maintenance plan requirement was 

based on the assumption that the facility 

would continue to operate as a lead 

smelter. Since November 2003 the 

facility has been used to store lead 

concentrate, a process that emits less 

lead, reducing the frequency of street 

cleaning will remain protective of the 

NAAQS. 

Paragraph 1.D., of the 2020 Consent 

Agreement requires Doe Run to 

continue operating its sprinkler system 

to reduce lead emissions from 

transportation activities within the 

Glover Facility. The sprinkler system 

shall be operated for truck haul routes 

when there are 10 or more trucks 

carrying concentrate or lead-bearing 

material that have loaded or unloaded at 

the facility on any calendar day, except 

on days when there is precipitation or 

the ambient temperature is less than 39 

degrees Fahrenheit. The 2020 Consent 

Agreement requirements to operate the 

sprinkler system are the same as the 

2003 Settlement Agreement except that 

the Work Practice Manual containing 

these requirements was an attachment 

to the 2003 Agreement, while the 

requirements of the sprinkler system 

operations are included within 


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paragraph 1.D of the 2020 Consent 

Agreement. The 2020 Consent 

Agreement also provides Missouri the 

authority to request Doe Run to develop 

a new work practice manual or standard 

operating procedures for the sprinkler 

system that ensures these minimum 

requirements are met. 

All deliveries of concentrate shall 

unload only at the unloading building 

per paragraph 1.E. of the 2020 Consent 

Agreement. The siding, roll-up doors, 

and roof monitor enclosure of this 

building shall be maintained to 

minimize fugitive emissions of lead 

containing dust. Doe Run shall repair or 

cover any hole, rip, or tear in the siding 

or roll-up doors that are larger than one 

foot (12 inches) in any dimension 

within 24 hours after discovery. Doe 

Run must ensure all personnel access 

and roll-up doors remain closed except 

as needed for employees or vehicles to 

enter or exit the building. At least 

weekly during loading or unloading 

activity, Doe Run shall inspect all doors, 

siding, and openings to ensure 

compliance and maintain a record 

documenting compliance with 

Paragraphs 1.D. and 1.E. The 2020 

Consent Agreement requirements are 

more specific about the inspection for 

leaks and the requirements to address 

them than the 2003 Settlement 

Agreement. 

Per paragraph 1.H. of the 2020 

Consent Agreement Doe Run shall 

continue to maintain a fence that 

precludes public access to the general 

Glover Facility area. The minimum 

fence line Doe Run shall maintain is 

identified in Appendix A of the 2020 

Consent Agreement. The purpose of the 

fence line is to maintain a distinction 

between ambient and non-ambient air to 

prevent public access to the area. The 

2020 Consent Agreement requires Doe 

Run or its successor to continue to 

maintain the fence line until Missouri 

determines in writing that all closure 

and remediation activities in the area 

surrounding the Glover facility are 

complete. The 2020 Consent Agreement 

is more specific in requiring any 

successor(s) to maintain the fencing 

until the remediation is complete to 

prevent public access to lead 

contaminated areas. 

3. Verification of Continued Attainment 

The state has the legal authority to 

enforce and implement the 

requirements of the 2020 Consent 

Agreement to ensure ongoing attainment 

of the 2008 Lead NAAQS, which will be 

permanent and enforceable upon 

approval into Missouri’s SIP. 

The state commits in its 2020 plan to 

ensure that Doe Run or its successor 

will continue to operate the facility only 

for lead concentrate transport and 

storage under the emission controls 

described above. If facility operations 

change, Doe Run or its successor is 

required to follow the requirements of 

paragraph 1.G of the 2020 Consent 

Agreement for deconstruction or 

demolition activities described in the 

next section. The limitations on future 

deconstruction or demolition activities 

at the facility is not included in the 

2004 plan or 2003 Settlement 

Agreement; these documents were 

written with the expectation that the 

facility would continue to operate as a 

lead smelter; the 2020 Consent 

Agreement is more comprehensive as it 

addresses deconstruction and 

demolition activities. 

4. Deconstruction or Demolition of 

Remaining Structures 

If any demolition or deconstruction is 

planned at the facility by Doe Run or its 

successors for the remaining structures 

at the Glover Facility, per paragraph 1.G 

of the 2020 Consent Agreement, Doe 

Run or its successor shall notify 

Missouri’s Air Director. Concurrent with 

its notification, Doe Run shall either: 

a. Submit to the Missouri Air Director 

a plan for fugitive dust control related 

to such activities and a schedule for 

restarting air lead monitoring at the 

Glover Post Office and Glover Big Creek 

monitoring sites under the approved 

Quality Assurance Project Plan for 

Ambient Air Quality Monitoring for the 

Lead Monitoring Network at the Doe 

Run Company Glover Division, Version 

2.0, December 2019; or 

b. Submit to the Missouri Air Director 

a plan for fugitive dust control prior to 

the commencement of demolition or 

deconstruction activities, and if 

requested, include a new plan and 

schedule for new temporary monitoring 

sites at locations other than the Glover 

Post Office and Glover Big Creek 

monitoring sites and an accompanying 

Quality Assurance Project Plan (QAPP) 

for any such sites. 

For either option listed above, 

monitoring will be conducted every 

other day starting a minimum of five 

calendar days in advance of the 

demolition or deconstruction activities 

and must continue for a minimum of 

three months following the completion 

of the activities. 

If Doe Run restarts monitoring or 

installs new temporary monitors 

pursuant paragraph 1.G of the 2020 

Consent Agreement, the following shall 

apply: 

a. If an air monitor measures any of 

the following concentrations of lead in 

the air, Doe Run shall cease the 

activities that led to the high 

concentrations as expediently as 

practicable: 

1. A 24-hour average concentration of 

1.5 mg/m3 or higher; 

2. two consecutive measurements 

where the average concentration of the 

two days is 0.5 mg/m3 or higher; 

3. four consecutive measurements 

where the average concentration of the 

four days is 0.25 mg/m3 or higher; 

4. 15 consecutive measurements 

where the average concentration of the 

15 days is 0.15 mg/m3 or higher. 

b. Doe Run shall notify Missouri’s Air 

Director in writing within seven 

calendar days after the day in which the 

measured lead concentration triggered 

an exceedance of any of these levels. 

The notification shall include all 

measured lead concentrations that 

contributed to the exceedance, an 

explanation of the activities that led to 

the exceedance, and the steps Doe Run 

took to cease such activities as 

expediently as practicable. 

c. Following an exceedance of any of 

the levels Missouri has established 

listed above in subparagraph 5.a., Doe 

Run must submit an updated dust 

control plan and obtain Missouri’s 

approval before resuming on-site 

activities. At a minimum, any such 

update to the dust control plan must 

consider measures to control lead 

containing dust including the use of 

water mister-type dust control devices, 

installation of temporary physical 

barriers around the activity site to block 

fugitive dust emissions, increased road 

washing and sweeping, and intensive 

washing of interiors of structures subject 

to demolition or deconstruction. 

The fugitive dust controls and lead 

monitoring requirements listed above 

are necessary in the event that the 

facility use changes from its current 

status as a lead concentrate 

transportation and storage facility and 

Doe Run or its successor initiates on-site 

activities that would disturb lead 

containing dust, such as demolition or 

deconstruction. If Doe Run is required 

to resume air monitoring based upon a 

change in activities at the facility and 

the area violates the NAAQS, the 2020 

Consent Agreement specifies steps to be 

taken to control the lead containing dust 

and return the area to compliance with 

the standard. The 2003 Settlement 

Agreement does not address 

deconstruction or demolition activities. 

5. Other Differences Between the 2004 

Maintenance Plan and 2003 Settlement 

Agreement and the 2020 Plan and 2020 

Consent Agreement 

Since the Glover facility no longer 

smelts lead, Missouri did not include 


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3 62 FR 27968 (May 22, 1997). 

items specific to Doe Run’s former 

smelter operations from the 2004 

maintenance plan and 2003 Settlement 

Agreement to the 2020 Plan and 2020 

Consent Agreement. These items are 

listed below: 

• Requirements for the operation of 

the former Sinter Plant and Blast 

Furnace; 

• Limits on stack emissions for lead; 

• Limits on hours of operation; and 

• Weight limits for how much lead 

may be produced. 

The previous contingency measures 

were also not carried forward because 

they were focused on the lead smelting 

process, such as lowering stack lead 

emission limits, increasing the Sinter 

baghouse efficiency, and modification of 

the refinery skims handling procedures. 

The implementation of a vehicle wash 

station was a previous contingency 

measure that was implemented and 

carried forward as a requirement of the 

2020 Consent Agreement. Expansion of 

the sprinkler system use was a previous 

contingency measure that was modified 

in the 2020 Consent Agreement by 

making the sprinkler system a 

requirement for specific haul roads, 

under dry conditions with temperatures 

greater than 39 degrees Fahrenheit and 

when 10 or more trucks will be loaded 

or unloaded on a given day. 

As discussed in this section, lead 

emissions are not expected to increase 

provided that activities remain the same 

and Doe Run (and any future owner) 

complies with the requirements of the 

2020 Consent Agreement. In the case 

that activities at the facility do change, 

the 2020 Consent Agreement provides a 

process for resumption of monitoring 

should certain lead-emitting activities 

resume at the facility. This requirement 

to resume monitoring provides an 

additional measure to ensure continued 

attainment of both the 1978 NAAQS and 

the 2008 NAAQS. 

For the reasons explained in this 

section, the EPA proposes to find that 

approval of the 2020 plan and 2020 

Consent Agreement replacing the 2004 

plan and 2003 Settlement Agreement 

will not interfere with attainment or 

maintenance of the NAAQS, and thus 

satisfies CAA section 110(l). 

Additionally, the EPA proposes to 

approve the 2020 plan and 2020 

Consent Agreement into Missouri’s SIP 

because they include controls and 

contingency measures that will ensure 

protection of the 2008 Lead NAAQS 

under the current and future operating 

status of the facility. 

V. Requirements for Approval of a SIP 

Revision 

Pursuant to section 110(l) of the CAA, 

any SIP revision must ensure that it 

does not interfere with attainment or 

reasonable further progress towards 

attainment for any NAAQS, or with any 

other applicable requirement of the Act. 

For the reasons explained above, the 

EPA proposes to find Missouri’s 2020 

plan and 2020 Consent Agreement, as 

submitted to the EPA on October 7, 

2020, as a replacement to the 2004 plan 

and 2003 Settlement Agreement, does 

not interfere with attainment or 

maintenance of the NAAQS, and thus 

satisfies CAA section 110(l). If future 

activities include demolition or 

deconstruction of any of the remaining 

structures, the 2020 Plan and 2020 

Consent Agreement provide for reinstating air monitors to ensure that 

deconstruction or demolition of the 

facility, activities that are known to reentrain lead dust, do not lead to 

violations of the 2008 Lead NAAQS, 

and thereby protect human health and 

the environment. All the requirements 

of the 2020 Consent Agreement are also 

imposed on Doe Run’s successors in the 

event of a future property transaction. 

Further, the State submission has met 

the public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. The State provided 

public notice on this SIP revision from 

June 30, 2020 to August 6, 2020. A 

public hearing was held by the Missouri 

Air Conservation Commission (MACC) 

on July 30, 2020 before approval of the 

SIP revision request and submittal to 

EPA. No comments were received. In 

addition, as explained above in the 

analysis of the state’s submittal, the 

proposed SIP revision meets the 

substantive requirements of the CAA, 

including section 110 of the CAA and 

implementing regulations. 

VI. The EPA’s Proposed Action 

The EPA is proposing to approve 

Missouri’s request to strengthen the 

State Implementation Plan (SIP) by 

removing its maintenance plan and 

associated Consent Agreement for the 

1978 Lead NAAQS for the former Doe 

Run Glover lead smelter in Iron County, 

Missouri, and replacing it with a plan 

for continued attainment of the 2008 

Lead NAAQS and a new Consent 

Agreement. On October 29, 2004, the 

area surrounding the Glover facility was 

redesignated to attainment for the 1978 

lead NAAQS, which is 1.5 micrograms 

per cubic meter (mg/m3) averaged over a 

calendar quarter (69 FR 63072). On 

October 7, 2020, the state submitted a 

request to replace the maintenance plan 

to ensure that the area continues to 

maintain the 2008 Lead NAAQS, for 

which the area was designated 

unclassifiable/attainment in 2010. The 

2008 Lead NAAQS replaced the 1978 

NAAQS and is 0.15 mg/m3 averaged over 

a rolling calendar quarter. Based on 

EPA’s review of the state’s submittal 

which is described in detail in the 

previous sections, EPA proposes to 

approve Missouri’s request. Missouri’s 

request includes a 2020 Consent 

Agreement that restricts lead emitting 

activities, requires fugitive emissions 

controls and contingency measures, and 

applies to current and future owners of 

the facility. Once incorporated into the 

SIP, any change to the agreement would 

require a SIP revision and 

accompanying determination by EPA 

that the revision remains at least as 

protective as the current agreement 

under the CAA before the changes could 

take effect. 

VII. Incorporation by Reference 

In this document, the EPA is 

proposing to approve regulatory text 

that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing the incorporation by 

reference of the Missouri SourceSpecific Orders described as follows: 

The Doe Run Glover Facility Consent 

Agreement, APCP–2020–002, dated 

February 2, 2020, replaces the Doe Run 

Lead Smelter (Glover, MO) Settlement 

Agreement, dated October 31, 2003 

(approved by EPA on October 29, 2004). 

The EPA has made, and will continue 

to make, these materials generally 

available through www.regulations.gov 

and at the EPA Region 7 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

Therefore, these materials will be 

approved by the EPA for inclusion in 

the State implementation plan, will be 

incorporated by reference by EPA into 

that plan, and will be fully federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of the EPA’s approval, 

and will be incorporated by reference in 

the next update to the SIP compilation.3

Also, in this document, as described 

in the amendments to 40 CFR part 52 set 

forth below, the EPA is removing 

provisions of the EPA-Approved 

Missouri Source-Specific Permits and 

Orders from the Missouri State 

Implementation Plan, which is 


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incorporated by reference in accordance 

with the requirements of 1 CFR part 51. 

VIII. Environmental Justice Concerns 

When the EPA establishes a new or 

revised NAAQS, the CAA requires the 

EPA to designate all areas of the U.S. as 

either nonattainment, attainment, or 

unclassifiable. Area designations 

address environmental justice concerns 

by ensuring that the public is properly 

informed about the air quality in an 

area. If an area is designated 

nonattainment of the NAAQS, the CAA 

provides for the EPA to redesignate the 

area to attainment upon a demonstration 

by the state authority that the criteria for 

a redesignation are met, including a 

showing that air quality is attaining the 

NAAQS and will continue to maintain 

the NAAQS in order to ensure that all 

those residing, working, attending 

school, or otherwise present in those 

areas are protected, regardless of 

minority and economic status. 

The EPA utilized the EJSCREEN tool 

to evaluate environmental and 

demographic indicators within the area. 

The tool outputs are contained in the 

docket for this action. The results 

indicate there are vulnerable 

populations in the area such as lowincome individuals. 

This action addresses a plan for 

continued attainment of the 2008 Lead 

NAAQS for the Glover, Missouri area. 

As discussed in this document, 

Missouri has demonstrated that the air 

quality in the Glover area is attaining 

the 2008 Lead NAAQS and will ensure 

continued attainment of the NAAQS. 

The 2020 Plan and 2020 Consent 

Agreement are as protective or more 

protective of vulnerable populations in 

the area than the 2004 maintenance plan 

and 2003 Settlement Agreement because 

they include broader provisions for the 

activities, including deconstruction and 

demolition, that are most likely to cause 

a future NAAQS violation. For these 

reasons, this proposed action does not 

result in disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples. 

IX. Statutory and Executive Order 

Reviews 

Under the Clean Air Act (CAA), the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the CAA. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of the 

National Technology Transfer and 

Advancement Act (NTTA) because this 

rulemaking does not involve technical 

standards; and 

• This action does not have 

disproportionately high and adverse 

human health or environmental effects 

on minority populations, low-income 

populations and/or indigenous peoples, 

as specified in Executive Order 12898 

(59 FR 7629, February 16, 1994). The 

basis for this determination is contained 

in section VIII of this action, 

‘‘Environmental Justice Concerns.’’ 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, and Lead. 

Dated: January 20, 2022. 

Meghan A. McCollister, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the EPA proposes to amend 

40 CFR part 52 as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart—AA Missouri 

■ 2. In § 52.1320: 

■ a. Remove and reserve paragraph 

(d)(22) and add paragraph (d)(34); and 

■ b. Remove and reserve paragraph 

(e)(49) and add paragraph (e)(81). 

The revisions and additions read as 

follows: 

§ 52.1230 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS

Name of source Order/permit number 

State 

effective 

date 

EPA approval date Explanation 

*******

(22) Reserved 


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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Proposed Rules 5767 

EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS—Continued 

Name of source Order/permit number 

State 

effective 

date 

EPA approval date Explanation 

*******

(34) Doe Run Glover Facility Consent Agreement, APCP– 

2020–002.

6/2/2020 [Date of publication of the final rule in 

the Federal Register], [Federal 

Register citation of the final rule].

(e) * * * 

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State 

submittal 

date 

EPA approval date Explanation 

*******

(49) Reserved 

*******

(81) Glover Lead Plan for 

Continued Attainment of 

the 2008 Lead NAAQS.

Iron County (part) within 

boundaries of Liberty and 

Arcadia Townships.

10/7/2020 [Date of publication of the final rule in 

the Federal Register], [Federal 

Register citation of the final rule].

[EPA–R07–OAR–2021– 

0913; FRL–9351–01– 

R7]. 

[FR Doc. 2022–01500 Filed 2–1–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R6–ES–2018–0055; 

FF09E21000 FXES1111090FEDR 223] 

RIN 1018–BD17 

Endangered and Threatened Wildlife 

and Plants; Threatened Species Status 

for Chapin Mesa Milkvetch and 

Designation of Critical Habitat; 

Withdrawal 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), withdraw the 

proposed rule to list the Chapin Mesa 

milkvetch (Astragalus schmolliae) as a 

threatened species under the 

Endangered Species Act of 1973, as 

amended (Act). We concurrently 

withdraw the proposed rule to designate 

critical habitat for the species. This 

withdrawal is based on our conclusion 

that the conservation plan for Chapin 

Mesa milkvetch at Mesa Verde National 

Park, and its associated implementation 

plan, in addition to new standard 

operating procedures for fire 

management at Mesa Verde National 

Park, reduce the threats to the species 

such that it no longer meets the Act’s 

definition of an ‘‘endangered species’’ or 

a ‘‘threatened species.’’ Therefore, we 

are withdrawing our proposal to list the 

Chapin Mesa milkvetch as a threatened 

species and our proposal to designate 

critical habitat for the species. 

DATES: The proposed rule that 

published on September 17, 2020 (85 FR 

58224), to list the Chapin Mesa 

milkvetch as a threatened species and to 

designate critical habitat for the Chapin 

Mesa milkvetch is withdrawn on 

February 2, 2022. 

ADDRESSES: Relevant documents used in 

the preparation of this withdrawal are 

available on the internet at http://

www.regulations.gov at Docket No. 

FWS–R6–ES–2018–0055. 

FOR FURTHER INFORMATION CONTACT: Ann 

Timberman, Western Colorado Field 

Supervisor, U.S. Fish and Wildlife 

Service, Colorado Ecological Services 

Office, 445 West Gunnison Ave., Suite 

240, Grand Junction, CO 81501; 

telephone 970–243–2778. Persons who 

use a telecommunications device for the 

deaf may call the Federal Relay Service 

at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Previous Federal Actions 

On September 17, 2020, we proposed 

to list Chapin Mesa milkvetch as a 

threatened species under the Act (16 

U.S.C. 1531 et seq.), and to designate 

critical habitat (85 FR 58224). Please 

refer to that proposed rule for a detailed 

description of previous Federal actions 

concerning Chapin Mesa milkvetch 

prior to 2020. The September 17, 2020, 

proposed rule had a 60-day comment 

period, ending November 16, 2020. 

During this public comment period, we 

invited the public to comment on the 

proposed rule in light of draft 

conservation plans for the species from 

Mesa Verde National Park (Park) and the 

Ute Mountain Ute Tribe. Since 

publication of the proposed rule, the 

Park provided supplemental 

information to their plan that allowed 

the Service to conclude the plan is 

sufficiently certain to be implemented 

and effective, and we consider this in 

making our final listing determination, 

in accordance with the Policy for 

Evaluation of Conservation Efforts 

When Making Listing Decisions (PECE) 

(68 FR 15100; March 28, 2003). 

Supporting Documents 

Prior to publishing the proposed 

listing rule (85 FR 58224; September 17, 

2020), we conducted a species status 

assessment (SSA) for the Chapin Mesa 

milkvetch, with input and information 

provided by the Park, the Colorado 

Natural Heritage Program, and the Ute 

Mountain Ute Tribe. The results of this 

assessment are summarized in an SSA 

report, which represents a compilation 

of the best scientific and commercial 

data available concerning the status of 

the species, including the past, present, 

and future stressors to this species 

(Service 2021a, entire). Additionally, 

the SSA report contains our analysis of 

required habitat and the existing 

conditions of that habitat. After 


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