[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Proposed Rules]
[Pages 10001-10002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5416]



[[Page 10001]]

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ENVIRONMENTAL PROTECTION AGENCY
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.

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SUMMARY: Pursuant to the Clean Air Act (CAA or the Act), the EPA has 
notified the state of Missouri that the Doe Run-Herculaneum 
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 <greek-m>g/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 (<greek-m>g/
                                                            m\3\)), Hi-Vol Monitor Locations                                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               H Golf                                              H Div.      H Broad  
                      Date                         S  Dunklin   H Dunklin    course 29-  H North 29-   H Ursaline   H Rutz 29-  manager 29-   Street 29-
                                                  29-099-0014  29-099-0005    099-0008     099-0009   29-099-0010    099-0011     099-0013     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 <greek-m>g/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.                                                                         


[[Page 10002]]

    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