Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Proposed Rules 10001

40 CFR Part 52

[MO–018–1018; FRL–5698–7]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed notice of failure to

attain the National Ambient Air Quality

Standard (NAAQS) for lead in the

vicinity of the Doe Run Company’s

primary lead smelter in Herculaneum,

Missouri.

SUMMARY: Pursuant to the Clean Air Act

(CAA or the Act), the EPA has notified

the state of Missouri that the Doe RunHerculaneum nonattainment area failed

to attain the NAAQS for lead (Pb) by

June 30, 1995, as required under the

provisions of the Act and the Missouri

State Implementation Plan (SIP). This

notification is based on the EPA’s

review of monitored air quality data for

compliance with the NAAQS for lead.

This notice is issued pursuant to the

EPA’s obligations under sections 179(c)

(1) and (2) of the CAA, which require

the EPA to make a determination of an

area’s attainment status following an

applicable attainment date, and publish

a notice in the Federal Register

indicating that such a determination has

been made. If EPA finalizes this notice,

then pursuant to section 179(d)(1) of the

CAA, Missouri would be required to

submit a SIP revision, meeting the

applicable provisions of the Act. This

SIP revision would be required within

one year of publication of the finding in

the Federal Register.

DATES: Comments must be received on

or before April 4, 1997.

ADDRESSES: Comments may be mailed to

Royan W. Teter, Environmental

Protection Agency, Air Planning and

Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT:

Royan W. Teter at (913) 551–7609.

SUPPLEMENTARY INFORMATION:

I. Background

On June 3, 1986, the EPA issued a call

for a revision to the Missouri SIP in

response to violations of the NAAQS for

lead near the Doe Run primary lead

smelter in Herculaneum, Missouri (Doe

Run-Herculaneum). The state submitted

a SIP revision on September 6, 1990,

with additional materials submitted on

May 8, 1991. The 1990 SIP established

February 1, 1993, as the attainment date

for the Herculaneum area.

The CAA was amended on November

15, 1990. Sections 107(d) (1) and (5) of

the Act, as amended, provide for areas

to be designated as nonattainment with

respect to the NAAQS. Upon

promulgation of the nonattainment

designation, a state must prepare a

revision to the SIP in accordance with

the requirements of section 172 of the

CAA, showing how the area will be

brought into attainment. The EPA

promulgated a nonattainment

designation for the area in the vicinity

of Doe Run-Herculaneum under the

authority granted by the CAA. The

designation was published on

November 6, 1991 (56 FR 56694), and

became effective on January 6, 1992.

As a result of the EPA’s promulgation

of the nonattainment designation, the

Part D requirements of the CAA became

applicable to the Missouri SIP revision

for Doe Run-Herculaneum. The EPA

granted limited approval for Missouri’s

1990 SIP revision on March 6, 1992 (57

FR 8076). The EPA did not give full

approval because the state was required

to submit a supplemental SIP revision

meeting the applicable Part D

requirements.

The state of Missouri initially

submitted a SIP revision addressing the

applicable Part D requirements of the

CAA on July 2, 1993. The submission

also provided for additional control

measures in response to unanticipated

emissions after the control measures

were implemented under the 1990 SIP

revision. These emissions resulted in

violations of the lead NAAQS after the

1990 SIP revision attainment date of

February 1, 1993. Upon review, the EPA

determined that additional revisions

were necessary. Missouri submitted

these revisions in March and November

1994.

The final result was a SIP that

established June 30, 1995, as the

attainment date for the area and

satisfied the Part D requirements of the

CAA. The revised plan also contained a

control strategy to address the violations

of the NAAQS which occurred upon

implementation of the control measures

in the 1990 SIP revision. Dispersion

modeling indicated that the subsequent

control measures would result in

attainment of the NAAQS for lead.

II. Proposed Action

A. Determination of Attainment Status

By today’s action, the EPA provides

notice that the Herculaneum, Missouri,

nonattainment area failed to attain the

NAAQS for lead by June 30, 1995, as

required by the approved SIP. This

determination is based upon air quality

data showing violations of the lead

NAAQS during 1995 and 1996.

Since June 30, 1995 (second quarter

1995), a total of eight violations of the

lead standard (1.5 μg/m 3 quarterly

arithmetic mean) have been measured at

multiple monitoring sites in

Herculaneum, Missouri. The data are as

follows:

LEAD AMBIENT AIR QUALITY DATA—VICINITY OF THE DOE RUN PRIMARY SMELTER, CALENDAR QUARTERLY VALUES

(MICROGRAMS OF LEAD PER CUBIC METER OF AIR (μG/M3)), HI-VOL MONITOR LOCATIONS

Date

S

Dunklin

29–099–

0014

H

Dunklin

29–099–

0005

H

Golf course

29–099–

0008

H

North

29–099–

0009

H

Ursaline

29–099–

0010

H

Rutz

29–099–

0011

H

Div. manager

29–099–

0013

H

Broad

Street

29–099–

0015

1995:

3rd ..................................... 1.4 1.2 0.3 0.3 0.2 1.0 1.2 4.1

4th ...................................... 1.9 1.7 0.4 0.8 0.1 1.6 1.3 6.3

1996:

1st ............................... 2.3 1.9 0.3 0.4 0.1 1.4 .8 2.3

2nd ............................. 1.6 1.2 0.5 0.1 0.2 2.4 0.8 5.7

3rd .............................. 0.8 0.6 0.1 0.2 0.3 0.7 0.5 4.0

Notes:1 (S) = State monitor, (H) = Herculaneum monitor.2 Italics Quarterly Air Quality Values exceed the National Ambient Air Quality Standard

(NAAQS) for lead; the NAAQS for lead is 1.5 μg/m 3 and is the arithmetic mean of a series of daily (24-hour) values from hi-vol monitors measuring particulate matter, within a three-month (calendar quarter) period.
10002 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Proposed Rules

Attainment of the lead standard is

based upon regulations found in 40 CFR

50.12. The lead national primary and

secondary air quality standards are 1.5

micrograms per cubic meter, maximum

arithmetic mean averaged over a

calendar quarter. The data indicate that

four monitors in the Herculaneum area

continue to measure violations of the

NAAQS for lead in spite of the state’s

efforts.

Under section 179(c)(1) of the CAA,

the EPA has the responsibility for

determining whether a nonattainment

area has attained the lead NAAQS. The

EPA must make an attainment

determination as expeditiously as

practicable, but no later than six months

after the attainment date for the area.

The Act also requires the EPA to

publish a notice of its findings in the

Federal Register.

In the case where the area fails to

attain the NAAQS by the applicable

attainment date, the EPA policy (Shaver

1995) specifies that the EPA will notify

the affected state(s) by letter and

Federal Register notice of the EPA’s

findings. The EPA notified Missouri of

its finding on August 27, 1996.

B. Implementation of Contingency

Measures

Upon receipt of notification, affected

states are required to implement specific

contingency measures previously

identified in the approved SIP. These

measures were identified and submitted

under section 172(c)(9) of the CAA.

These measures are to be undertaken

without further action on the part of the

state or the EPA. In general, the EPA

expects all actions needed to effect full

implementation of the contingency

measures to occur with 60 days of

notification. On December 10, 1996, the

EPA received written notification from

the Missouri Department of Natural

Resources that all contingency measures

in the approved SIP have been

implemented.

C. Call for Revision of Missouri’s SIP

In accordance with section 179(d) of

the CAA, upon publication of the EPA’s

notice indicating an area has failed to

attain, states must within one year

submit a SIP revision meeting all of the

requirements of sections 110 and 172 of

the Act and any additional measures as

may be reasonably prescribed, including

all measures that can be feasibly

implemented in light of technological

achievability, costs, and other factors.

With this document, the EPA gives

notice that it has notified the Governor

of Missouri that the Herculaneum,

Missouri, area has failed to attain the

NAAQS for lead. This notice requests

public comment on this determination.

Retention of the area’s nonattainment

status under section 107(d) of the Act

does not impose any new requirements

on small entities. Retention of the

nonattainment designation is an action

that affects the status of a geographical

area and does not impose any regulatory

requirements on sources. To the extent

that the area must adopt new

regulations, based on its nonattainment

status, the EPA will review the effect of

those actions on small entities at the

time the state submits those regulations.

The Administrator certifies that

retention of the area’s nonattainment

status will not affect a substantial

number of small entities.

III. Administrative Requirements

A. Executive Order (EO) 12866

Under E.O. 12866, 58 FR 51735

(October 4, 1993), the EPA is required

to determine whether regulatory actions

are significant and therefore should be

subject to the Office of Management and

Budget review, economic analysis, and

the requirements of the Executive Order.

The Executive Order defines a

‘‘significant regulatory action’’ as one

that is likely to result in a rule that may

meet at least one of the four criteria

identified in section 3(f), including,

under paragraph (1), that the rule may

‘‘have an annual effect on the economy

of $100 million or more or adversely

affect, in a material way, the economy,

a sector of the economy, productivity,

competition, jobs, the environment,

public health or safety, or State, local,

or tribal governments or communities.’’

The Agency has determined that

today’s finding of failure to attain

results in none of the effects identified

in section 3(f). Under section 179(c) of

the CAA, findings of failure to attain for

nonattainment areas are based upon air

quality considerations, in light of

certain air quality conditions. They do

not, in and of themselves, impose any

new requirements on any sectors of the

economy.

B. Regulatory Flexibility

Under the Regulatory Flexibility Act,

5 U.S.C. 601 et seq., the EPA must

prepare a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities (5 U.S.C. 603

and 604). Alternatively, the EPA may

certify that the rule will not have a

significant economic impact on a

substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

government entities with jurisdiction

over populations of less than 50,000.

As discussed in section III of this

notice, findings of failure to attain for

nonattainment areas under section

179(c) of the CAA do not in and of

themselves create any new

requirements. Therefore, I certify that

today’s proposed action does not have a

significant impact on small entities.

C. Unfunded Mandates

Under sections 202, 203 and 205 of

the Unfunded Mandates Reform Act of

1995 (Unfunded Mandates Act), signed

into law on March 22, 1995, the EPA

must assess whether various actions

undertaken in association with

proposed or final regulations include a

Federal mandate that may result in

estimated costs of $100 million or more

to the private sector, or to state, local,

or tribal governments in the aggregate.

The EPA believes, as discussed above,

that the proposed finding of failure to

attain for the Herculaneum, Missouri,

lead nonattainment area is a factual

determination based upon air quality

considerations and does not impose any

Federal intergovernmental mandate, as

defined in section 101 of the Unfunded

Mandates Act.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, National parks,

Wilderness areas, Lead.

Authority: 42 U.S.C. 7401–7671q.

Dated: February 18, 1997.

Dennis Grams,

Regional Administrator.

[FR Doc. 97–5416 Filed 3–4–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 70

[MO 014–1014; FRL–5698–8]

Approval and Promulgation of

Implementation Plan and State

Operating Permit Program; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to

approve revisions to Missouri’s State

Implementation Plan (SIP) concerning

Missouri’s rule 10 CSR 10–6.110,

Submission of Emission Data, Emission

Fees, and Process Information. This rule

also clarifies the requirements for the

payment of emission fees to support

Missouri’s Title V program and was

submitted as part of the state’s plan to

comply with Title V of the Clean Air

Act (CAA).