Approval and Promulgation of Implementation Plans; State of Missouri, 9529-9532 [2012-3699]

Download as PDF Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Rules and Regulations should make an appointment with the office at least 24 hours in advance. ENVIRONMENTAL PROTECTION AGENCY FOR FURTHER INFORMATION CONTACT: 40 CFR Part 52 [EPA–R07–OAR–2008–0538; FRL–9632–7] Approval and Promulgation of Implementation Plans; State of Missouri Table of Contents Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is granting full approval of Missouri’s attainment demonstration State Implementation Plan (SIP) and control strategy for the lead National Ambient Air Quality Standard (NAAQS) nonattainment area of Herculaneum, Missouri. This action is based on a proposed conditional approval of the SIP published on October 8, 2008, and a proposed approval of the supplemental SIP submittal received by EPA on September 3, 2009, published in the Federal Register on August 27, 2010. The applicable standard addressed in this action is the lead NAAQS promulgated by EPA in 1978. EPA has determined that both SIP submittals from the State of Missouri satisfy the applicable requirements of the Clean Air Act (CAA or Act) and demonstrates attainment of the 1.5 microgram per cubic meter (mg/m3) lead NAAQS in the Herculaneum, Missouri area. This action does not address the obligations which Missouri has relative to the revised lead NAAQS promulgated by EPA in 2008. DATES: This final rule is effective on March 19, 2012. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R07–OAR–2008–0538. All documents in the docket are listed on the www.regulations.gov web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. The Regional Office’s official hours of business are Monday through Friday, 8 to 4:30 excluding Federal holidays. The interested persons wanting to examine these documents mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:58 Feb 16, 2012 Jkt 226001 Stephanie Doolan at (913) 551–7719, or by email at doolan.stephanie@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. I. Background A. SIP Call B. Proposed Conditional Approval C. Supplemental Proposal II. EPA Review of the State Submittal III. Comments and Responses A. Comments Received B. EPA Response IV. Final Action V. Statutory and Executive Order Reviews I. Background EPA established NAAQS for lead on October 5, 1978 (43 FR 46246). The 1978 NAAQS for lead is set at a level of 1.5 mg/m3 of air, averaged over a calendar quarter. The Herculaneum, Missouri area is designated nonattainment for the 1978 lead NAAQS. The area is also designated nonattainment for the lead NAAQS promulgated by EPA in 2008, published on November 12, 2008 (73 FR 66964). The action which is the subject of today’s notice addresses only the State’s obligations regarding the 1978 standard. A SIP addressing the 2008 standard is due no later than June 30, 2012. A. SIP Call From 2002 to 2005, ambient air monitors in the Herculaneum area monitored attainment of the 1978 lead NAAQS for 10 consecutive calendar quarters. Despite implementation of all contingency measures specified by the approved 2002 SIP (67 FR 18497), in the first two quarters of 2005, air quality monitors in the area recorded violations of the 1978 lead NAAQS, which is 1.5 mg/m3 lead. Because of these violations of the 1978 lead NAAQS, EPA proposed and subsequently finalized a SIP Call on April 14, 2006 (71 FR 19432). The SIP Call notified the State of EPA’s finding that the SIP was substantially inadequate to provide for attainment and maintenance of the lead NAAQS in Herculaneum, and required the State to submit a revised SIP within 12 months of the finding. B. Proposed Conditional Approval On May 31, 2007, EPA received Missouri’s revised SIP dated April 26, 2007, for the Herculaneum area. MDNR submitted supplemental information to EPA on March 19, 2008. The 2007 SIP submission addressed most of the PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 9529 criteria set forth in the SIP Call, with the exception that process ventilation requirements had not yet been established. On October 8, 2008, EPA proposed conditional approval of Missouri’s SIP submissions for May 31, 2007, and March 19, 2008 (73 FR 58913), pending the establishment of enforceable ventilation requirements. The reader should refer to the proposed conditional approval for a detailed discussion of the 2007 SIP submittal, and the rationale for proposing to approve it with conditions. C. Supplemental Proposal On September 3, 2009, EPA received the SIP revision addressing ventilation controls, following adoption by the Missouri Air Conservation Commission on July 29, 2009. EPA determined that the SIP revision contains enforceable ventilation conditions to ensure adequate building particle capture. On August 27, 2010, EPA proposed full approval of Missouri’s SIP, including the May 31, 2007, SIP submittal; the March 19, 2008, supplemental information; and the September 3, 2009, supplemental SIP revision; to bring Herculaneum into attainment of the 1978 lead NAAQS (75 FR 52701). A detailed rationale for the proposed approval was included in the August 27, 2010, supplemental proposal. II. EPA Review of the State Submittal The October 8, 2008, proposed conditional approval contains an extensive description of the operation of the smelter, and a discussion of Missouri’s SIP. The proposed conditional approval includes a discussion of air dispersion model selection, and meteorological and emissions inventory input data, among other elements. The control strategy and contingency measures are incorporated into the 2007 Consent Judgment between Missouri and Doe Run. For more information on these elements, and EPA’s analysis of them, please refer to the October 8, 2008 Federal Register (73 FR 58913) and associated docket. The September 3, 2009, SIP revision addressing building ventilation requirements, supplements the May 2007 SIP submission. Ventilation controls include flow rate and fan amperage limits for the Sinter Plant, Blast Furnace Building, and Refinery Building that result in a minimum inflow of air at all openings (e.g., doors) to demonstrate that each building is under negative pressure. The 2009 supplemental SIP revision includes the revised Work Practices Manual, as well as the Consent Judgment amended to include the ventilation controls, E:\FR\FM\17FER1.SGM 17FER1 mstockstill on DSK4VPTVN1PROD with RULES 9530 Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Rules and Regulations through December of 2009, to 1.124 mg/ associated implementation schedules, and contingency measures. The 2009 m3, reported for July through September amended Consent Judgment and Work 2009. Practices Manual are enforceable Modeling conducted by MDNR as a documents included in Missouri’s SIP part of its 2007 SIP attainment submittal, and, by virtue of this demonstration predicts an ambient lead approval, are Federally enforceable as concentration of 1.49 mg/m3 at the well. For additional information on facility fence line. A comparison of the these elements, please refer to the SIP attainment demonstration modeling August 27, 2010, Federal Register (75 with the measured ambient lead FR 52701) and associated docket. concentrations over the past three years, MDNR has revised the Work Practices described above, indicates that the Manual to include the additional model conservatively predicts ambient recordkeeping, compliance monitoring, lead concentrations and provides and corrective action requirements further assurance that the control associated with building ventilation. strategy provides for attainment of the The facility is required to measure flow 1978 lead NAAQS. rates once per minute using an III. Comments and Responses automatic data logging system and to conduct an inflow test of all applicable A. Comments Received doors and openings each calendar EPA received one set of comments quarter. Doe Run must submit quarterly from Doe Run on its October 8, 2008, reports to MDNR summarizing any proposed conditional approval of violations of flow rate and amperage Missouri’s SIP submission (73 FR requirements, and corrective actions 58913). EPA is responding to this set of taken. Finally, if an ambient air quality monitor in Herculaneum exceeds 1.4 mg/ comments in this final action. EPA did not receive any comments on the m3 of lead, the facility must conduct a supplemental proposed rule. fluid modeling study of flow patterns On November 7, 2008, Doe Run within process buildings to determine commented that EPA should grant full whether additional ventilation controls approval of the 2007 Missouri SIP are appropriate. submittal for attainment of the 1978 In addition to the ventilation control lead NAAQS at the Herculaneum requirements, the Work Practices Manual has also been revised to prohibit facility. The basis of this comment was: 1. Doe Run proceeded to install and construction when temperatures are below 39 degrees Fahrenheit. During the implement the controls and measures specified by the 2007 SIP submission first quarter of 2008, the facility even though EPA had not approved the monitored a violation of the 1978 lead SIP; NAAQS primarily due to in-plant road 2. EPA points to no specific SIP dust from construction equipment deficiency under section 110 of the CAA activities during periods of time when the watering system at the plant was not in its proposal to conditionally rather than fully approve the SIP submittal; operating. Limiting construction when 3. It is unnecessary for EPA to further the plant watering system cannot be delay final and full approval to ensure operated for dust suppression is the enforceability of the SIP submittal; expected to decrease the lead 4. The buildings included in the concentrations in ambient air. EPA has determined that the ventilation study upon which final September 3, 2009, supplemental SIP approval is predicated have been and revision contains the necessary continue to maintain adequate inflow enforceable conditions for ventilationand building closures control fugitive related control measures. EPA described emissions as intended by the SIP its analysis of these ventilation submittal; and requirements in the supplemental 5. The modeling demonstration proposal, and incorporates its analysis supports full approval. in this final action. B. EPA Response The Main Street monitor operated by In this action, EPA is granting full MDNR is the closest ambient air approval to the Missouri SIP submittal monitor to the Herculaneum facility. Since the first quarter of 2008, the Main (consisting, as stated previously, of the initial 2007 submittal, the 2008 Street monitor has reported 12 supplemental information, and the 2009 consecutive quarterly averages, or three supplemental SIP revision) so that the years, of lead concentrations that attain the 1978 lead NAAQS (1.5 mg/m3). Lead comment requesting full approval of the prior submission is no longer relevant. concentrations measured by MDNR at the Main Street monitor from the second However, we note that EPA initially proposed conditional approval of the quarter of 2008 to the present range SIP submittal based on the requirement from 0.662 mg/m3, reported for October VerDate Mar<15>2010 16:58 Feb 16, 2012 Jkt 226001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 of section 110(a)(2)(A) of the CAA which states that SIPs shall include enforceable emission limitations and other control measures that may be necessary or appropriate to meet the applicable requirements of the CAA. Until the 2009 supplemental SIP revision was received, the ventilation controls, which are a necessary part of the emission reduction strategy for attaining the 1978 lead NAAQS, were not permanent and enforceable. With this final action, the obligation to continue to meet these requirements is now mandated by the SIP, as required by section 110(a)(2)(A). IV. Final Action This rulemaking takes final action to approve the Missouri SIP containing control measures to bring the Herculaneum area into attainment with the 1978 lead NAAQS (1.5 mg/m3). The 2007 SIP submittal, 2008 supplemental information, and the 2009 supplemental SIP revision (which includes the revised Work Practices Manual and the 2007 Missouri Consent Judgment with the 2009 amendment to include enforceable ventilation control requirements) together demonstrate attainment of the 1978 lead NAAQS and fulfill the requirements of the CAA. EPA notes that although this SIP revision is directionally correct in terms of achieving reductions in lead emissions, the State remains obligated to submit a SIP to attain the 2008 lead NAAQS. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that the Administrator determines to be in compliance 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, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this final 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 final action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • 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 E:\FR\FM\17FER1.SGM 17FER1 9531 Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Rules and Regulations 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 section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 17, 2012. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Air pollution control, Environmental protection, Incorporation by reference, Lead, Reporting and recordkeeping requirements. Dated: February 6, 2012. Karl Brooks, Regional Administrator, Region 7. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 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. The table in paragraph (d) is amended by adding entry (25) in numerical order; and ■ b. The table in paragraph (e) is amended by adding entry (56) in numerical order to read as follows: ■ ■ § 52.1320 * Identification of plan. * * (d) * * * * * EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS Name of source * * * * * EPA approval date * * (25) Doe Run Herculaneum, MO * State effective date Order/permit number * Consent Judgment Modification 07JE–CC00552. * 5/21/07 7/29/09 modification Explanation * 2/17/12 [insert FR page number where the document begins]. * This approval does not include any subsequent modifications after 2009. (e) * * * EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS Name of nonregulatory SIP provision * Applicable geographic or nonattainment area * mstockstill on DSK4VPTVN1PROD with RULES (56) CAA Section 110(a)(2) SIP—1978 Pb NAAQS. VerDate Mar<15>2010 16:58 Feb 16, 2012 City of Herculaneum, MO ............ Jkt 226001 PO 00000 Frm 00017 Fmt 4700 EPA approval date * * State submittal date * 7/29/09 Sfmt 9990 Explanation * 2/17/12 [insert FR page number where the document begins]. E:\FR\FM\17FER1.SGM 17FER1 * 9532 Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Rules and Regulations The EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2011–0572. All documents in the docket are listed in the index at https://www.regulations.gov. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in the docket or in hard copy at the Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Office of Air and Radiation Docket and Information Center is (202) 566–1742. In addition, the EPA has established a Web site for this rulemaking at: https://www.epa.gov/air/nitrogenoxides/ designations. The Web site includes the EPA’s final state and tribal designations, as well as state initial recommendation letters, the EPA modification letters, technical support documents, responses to comments and other related technical information. ADDRESSES: [FR Doc. 2012–3699 Filed 2–16–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA–HQ–OAR–2011–0572; FRL–9624–3] RIN–2060–AR06 Air Quality Designations for the 2010 Primary Nitrogen Dioxide (NO2) National Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This rule establishes air quality designations for all areas in the United States for the 2010 Primary Nitrogen Dioxide (NO2) National Ambient Air Quality Standards (NAAQS). Based on air quality monitoring data, the EPA is issuing this rule to designate all areas of the country as ‘‘unclassifiable/attainment’’ for the 2010 NO2 NAAQS. The EPA is designating areas as ‘‘unclassifiable/ attainment’’ to mean that available information does not indicate that the air quality in these areas exceeds the 2010 NO2 NAAQS. DATES: The effective date of this rule is February 29, 2012. SUMMARY: FOR FURTHER INFORMATION CONTACT: Doug Solomon, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C539–04, Research Triangle Park, NC 27711, phone number (919) 541– 4132 or by email at: solomon.douglas@epa.gov; or Rhea Jones, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C539–04, Research Triangle Park, NC 27711, phone number (919) 541–2940 or by email at: jones.rhea@epa.gov. SUPPLEMENTARY INFORMATION: Regional Office Contacts Region I—Alison Simcox (617) 918– 1684, Region II—Kenneth Fradkin (212) 637– 3702, Region III—Maria Pino (215) 814–2181, Region IV—Steve Scofield (404) 562– 9034, Region V—John Summerhays (312) 886– 6067, Region VI—Joe Kordzi (214) 665–7186, Region VII—Amy Algoe-Eakin (913) 551–7942, Region VIII—Catherine Roberts (303) 312–6025, Region IX—Eleanor Kaplan (415) 972– 4147, Region X—Krishna Viswanathan (206) 553–2684. The public may inspect the rule and state-specific technical support information at the following locations: mstockstill on DSK4VPTVN1PROD with RULES Regional offices States Dave Conroy, Chief, Air Programs Branch, EPA New England, 1 Congress Street, Suite 1100, Boston, MA 02114–2023, (617) 918–1661. Raymond Werner, Chief, Air Programs Branch, EPA Region 2, 290 Broadway, 25th Floor, New York, NY 10007–1866, (212) 637–3706. Cristina Fernandez, Branch Chief, Air Quality Planning Branch, EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103–2187, (215) 814–2178. R. Scott Davis, Branch Chief, Air Planning Branch, EPA Region 4, Sam Nunn Atlanta Federal Center, 61 Forsyth Street SW., 12th Floor, Atlanta, GA 30303, (404) 562–9127. John Mooney, Chief, Air Programs Branch, EPA Region 5, 77 West Jackson Street, Chicago, IL 60604, (312) 886–6043. Guy Donaldson, Chief, Air Planning Section, EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202, (214) 665–7242. Joshua A. Tapp, Chief, Air Programs Branch, EPA Region 7, 901 North 5th Street, Kansas City, Kansas 66101–2907, (913) 551–7606. Monica Morales, Leader, Air Quality Planning Unit, EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202–1129, (303) 312–6936. Lisa Hanf, Air Planning Office, EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, (415) 972–3854. Krishna Viswanathan, Manager, State and Tribal Air Programs, EPA Region 10, Office of Air, Waste, and Toxics, Mail Code OAQ–107, 1200 Sixth Avenue, Seattle, WA 98101, (206) 553–2684. Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. New Jersey, New York, Puerto Rico, and Virgin Islands. Table of Contents The following is an outline of the Preamble. VerDate Mar<15>2010 16:58 Feb 16, 2012 Jkt 226001 Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia. Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee. Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. Iowa, Kansas, Missouri, and Nebraska. Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. American Samoa, Arizona, California, Guam, Hawaii, Nevada, and Northern Mariana Islands. Alaska, Idaho, Oregon, and Washington. I. Preamble Glossary of Terms and Acronyms II. What is the purpose of this action? III. What is nitrogen dioxide? PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 IV. What are the health concerns addressed by the NO2 standards? E:\FR\FM\17FER1.SGM 17FER1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 77, Number 33 (Friday, February 17, 2012)]
[Rules and Regulations]
[Pages 9529-9532]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3699]

[[Page 9529]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2008-0538; FRL-9632-7]

Approval and Promulgation of Implementation Plans; State of
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is granting full approval of Missouri's attainment
demonstration State Implementation Plan (SIP) and control strategy for
the lead National Ambient Air Quality Standard (NAAQS) nonattainment
area of Herculaneum, Missouri. This action is based on a proposed
conditional approval of the SIP published on October 8, 2008, and a
proposed approval of the supplemental SIP submittal received by EPA on
September 3, 2009, published in the Federal Register on August 27,
2010. The applicable standard addressed in this action is the lead
NAAQS promulgated by EPA in 1978. EPA has determined that both SIP
submittals from the State of Missouri satisfy the applicable
requirements of the Clean Air Act (CAA or Act) and demonstrates
attainment of the 1.5 microgram per cubic meter ([mu]g/m\3\) lead NAAQS
in the Herculaneum, Missouri area. This action does not address the
obligations which Missouri has relative to the revised lead NAAQS
promulgated by EPA in 2008.

DATES: This final rule is effective on March 19, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2008-0538. All documents in the docket are listed on
the www.regulations.gov web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101. The Regional Office's
official hours of business are Monday through Friday, 8 to 4:30
excluding Federal holidays. The interested persons wanting to examine
these documents should make an appointment with the office at least 24
hours in advance.

FOR FURTHER INFORMATION CONTACT: Stephanie Doolan at (913) 551-7719, or
by email at doolan.stephanie@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.

Table of Contents

I. Background
A. SIP Call
B. Proposed Conditional Approval
C. Supplemental Proposal
II. EPA Review of the State Submittal
III. Comments and Responses
A. Comments Received
B. EPA Response
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

EPA established NAAQS for lead on October 5, 1978 (43 FR 46246).
The 1978 NAAQS for lead is set at a level of 1.5 [mu]g/m\3\ of air,
averaged over a calendar quarter. The Herculaneum, Missouri area is
designated nonattainment for the 1978 lead NAAQS. The area is also
designated nonattainment for the lead NAAQS promulgated by EPA in 2008,
published on November 12, 2008 (73 FR 66964). The action which is the
subject of today's notice addresses only the State's obligations
regarding the 1978 standard. A SIP addressing the 2008 standard is due
no later than June 30, 2012.

A. SIP Call

From 2002 to 2005, ambient air monitors in the Herculaneum area
monitored attainment of the 1978 lead NAAQS for 10 consecutive calendar
quarters. Despite implementation of all contingency measures specified
by the approved 2002 SIP (67 FR 18497), in the first two quarters of
2005, air quality monitors in the area recorded violations of the 1978
lead NAAQS, which is 1.5 [mu]g/m\3\ lead. Because of these violations
of the 1978 lead NAAQS, EPA proposed and subsequently finalized a SIP
Call on April 14, 2006 (71 FR 19432). The SIP Call notified the State
of EPA's finding that the SIP was substantially inadequate to provide
for attainment and maintenance of the lead NAAQS in Herculaneum, and
required the State to submit a revised SIP within 12 months of the
finding.

B. Proposed Conditional Approval

On May 31, 2007, EPA received Missouri's revised SIP dated April
26, 2007, for the Herculaneum area. MDNR submitted supplemental
information to EPA on March 19, 2008. The 2007 SIP submission addressed
most of the criteria set forth in the SIP Call, with the exception that
process ventilation requirements had not yet been established. On
October 8, 2008, EPA proposed conditional approval of Missouri's SIP
submissions for May 31, 2007, and March 19, 2008 (73 FR 58913), pending
the establishment of enforceable ventilation requirements. The reader
should refer to the proposed conditional approval for a detailed
discussion of the 2007 SIP submittal, and the rationale for proposing
to approve it with conditions.

C. Supplemental Proposal

On September 3, 2009, EPA received the SIP revision addressing
ventilation controls, following adoption by the Missouri Air
Conservation Commission on July 29, 2009. EPA determined that the SIP
revision contains enforceable ventilation conditions to ensure adequate
building particle capture. On August 27, 2010, EPA proposed full
approval of Missouri's SIP, including the May 31, 2007, SIP submittal;
the March 19, 2008, supplemental information; and the September 3,
2009, supplemental SIP revision; to bring Herculaneum into attainment
of the 1978 lead NAAQS (75 FR 52701). A detailed rationale for the
proposed approval was included in the August 27, 2010, supplemental
proposal.

II. EPA Review of the State Submittal

The October 8, 2008, proposed conditional approval contains an
extensive description of the operation of the smelter, and a discussion
of Missouri's SIP. The proposed conditional approval includes a
discussion of air dispersion model selection, and meteorological and
emissions inventory input data, among other elements. The control
strategy and contingency measures are incorporated into the 2007
Consent Judgment between Missouri and Doe Run. For more information on
these elements, and EPA's analysis of them, please refer to the October
8, 2008 Federal Register (73 FR 58913) and associated docket.
The September 3, 2009, SIP revision addressing building ventilation
requirements, supplements the May 2007 SIP submission. Ventilation
controls include flow rate and fan amperage limits for the Sinter
Plant, Blast Furnace Building, and Refinery Building that result in a
minimum inflow of air at all openings (e.g., doors) to demonstrate that
each building is under negative pressure. The 2009 supplemental SIP
revision includes the revised Work Practices Manual, as well as the
Consent Judgment amended to include the ventilation controls,

[[Page 9530]]

associated implementation schedules, and contingency measures. The 2009
amended Consent Judgment and Work Practices Manual are enforceable
documents included in Missouri's SIP submittal, and, by virtue of this
approval, are Federally enforceable as well. For additional information
on these elements, please refer to the August 27, 2010, Federal
Register (75 FR 52701) and associated docket.
MDNR has revised the Work Practices Manual to include the
additional recordkeeping, compliance monitoring, and corrective action
requirements associated with building ventilation. The facility is
required to measure flow rates once per minute using an automatic data
logging system and to conduct an inflow test of all applicable doors
and openings each calendar quarter. Doe Run must submit quarterly
reports to MDNR summarizing any violations of flow rate and amperage
requirements, and corrective actions taken. Finally, if an ambient air
quality monitor in Herculaneum exceeds 1.4 [mu]g/m\3\ of lead, the
facility must conduct a fluid modeling study of flow patterns within
process buildings to determine whether additional ventilation controls
are appropriate.
In addition to the ventilation control requirements, the Work
Practices Manual has also been revised to prohibit construction when
temperatures are below 39 degrees Fahrenheit. During the first quarter
of 2008, the facility monitored a violation of the 1978 lead NAAQS
primarily due to in-plant road dust from construction equipment
activities during periods of time when the watering system at the plant
was not operating. Limiting construction when the plant watering system
cannot be operated for dust suppression is expected to decrease the
lead concentrations in ambient air.
EPA has determined that the September 3, 2009, supplemental SIP
revision contains the necessary enforceable conditions for ventilation-
related control measures. EPA described its analysis of these
ventilation requirements in the supplemental proposal, and incorporates
its analysis in this final action.
The Main Street monitor operated by MDNR is the closest ambient air
monitor to the Herculaneum facility. Since the first quarter of 2008,
the Main Street monitor has reported 12 consecutive quarterly averages,
or three years, of lead concentrations that attain the 1978 lead NAAQS
(1.5 [mu]g/m\3\). Lead concentrations measured by MDNR at the Main
Street monitor from the second quarter of 2008 to the present range
from 0.662 [mu]g/m\3\, reported for October through December of 2009,
to 1.124 [mu]g/m\3\, reported for July through September 2009.
Modeling conducted by MDNR as a part of its 2007 SIP attainment
demonstration predicts an ambient lead concentration of 1.49 [mu]g/m\3\
at the facility fence line. A comparison of the SIP attainment
demonstration modeling with the measured ambient lead concentrations
over the past three years, described above, indicates that the model
conservatively predicts ambient lead concentrations and provides
further assurance that the control strategy provides for attainment of
the 1978 lead NAAQS.

III. Comments and Responses

A. Comments Received

EPA received one set of comments from Doe Run on its October 8,
2008, proposed conditional approval of Missouri's SIP submission (73 FR
58913). EPA is responding to this set of comments in this final action.
EPA did not receive any comments on the supplemental proposed rule.
On November 7, 2008, Doe Run commented that EPA should grant full
approval of the 2007 Missouri SIP submittal for attainment of the 1978
lead NAAQS at the Herculaneum facility. The basis of this comment was:
1. Doe Run proceeded to install and implement the controls and
measures specified by the 2007 SIP submission even though EPA had not
approved the SIP;
2. EPA points to no specific SIP deficiency under section 110 of
the CAA in its proposal to conditionally rather than fully approve the
SIP submittal;
3. It is unnecessary for EPA to further delay final and full
approval to ensure the enforceability of the SIP submittal;
4. The buildings included in the ventilation study upon which final
approval is predicated have been and continue to maintain adequate
inflow and building closures control fugitive emissions as intended by
the SIP submittal; and
5. The modeling demonstration supports full approval.

B. EPA Response

In this action, EPA is granting full approval to the Missouri SIP
submittal (consisting, as stated previously, of the initial 2007
submittal, the 2008 supplemental information, and the 2009 supplemental
SIP revision) so that the comment requesting full approval of the prior
submission is no longer relevant. However, we note that EPA initially
proposed conditional approval of the SIP submittal based on the
requirement of section 110(a)(2)(A) of the CAA which states that SIPs
shall include enforceable emission limitations and other control
measures that may be necessary or appropriate to meet the applicable
requirements of the CAA. Until the 2009 supplemental SIP revision was
received, the ventilation controls, which are a necessary part of the
emission reduction strategy for attaining the 1978 lead NAAQS, were not
permanent and enforceable. With this final action, the obligation to
continue to meet these requirements is now mandated by the SIP, as
required by section 110(a)(2)(A).

IV. Final Action

This rulemaking takes final action to approve the Missouri SIP
containing control measures to bring the Herculaneum area into
attainment with the 1978 lead NAAQS (1.5 [mu]g/m\3\). The 2007 SIP
submittal, 2008 supplemental information, and the 2009 supplemental SIP
revision (which includes the revised Work Practices Manual and the 2007
Missouri Consent Judgment with the 2009 amendment to include
enforceable ventilation control requirements) together demonstrate
attainment of the 1978 lead NAAQS and fulfill the requirements of the
CAA. EPA notes that although this SIP revision is directionally correct
in terms of achieving reductions in lead emissions, the State remains
obligated to submit a SIP to attain the 2008 lead NAAQS.

V. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP
submission that the Administrator determines to be in compliance 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, EPA's
role is to approve state choices, provided that they meet the criteria
of the CAA. Accordingly, this final 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
final action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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

[[Page 9531]]

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 section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 17, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Air pollution control, Environmental protection, Incorporation by
reference, Lead, Reporting and recordkeeping requirements.

Dated: February 6, 2012.
Karl Brooks,
Regional Administrator, Region 7.

40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart AA--Missouri

0
2. In Sec. 52.1320:
0
a. The table in paragraph (d) is amended by adding entry (25) in
numerical order; and
0
b. The table in paragraph (e) is amended by adding entry (56) in
numerical order to read as follows:

Sec. 52.1320 Identification of plan.

* * * * *
(d) * * *

EPA-Approved Missouri Source-Specific Permits and Orders
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Name of source Order/permit number effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
(25) Doe Run Herculaneum, MO...... Consent Judgment 5/21/07 2/17/12 [insert FR page number where This approval does not include any
Modification 07JE- 7/29/09 the document begins]. subsequent modifications after 2009.
CC00552. modification
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
(e) * * *

EPA-Approved Missouri Nonregulatory SIP Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of nonregulatory SIP Applicable geographic State
provision or nonattainment area submittal date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
(56) CAA Section 110(a)(2) SIP-- City of Herculaneum, 7/29/09 2/17/12 [insert FR page number where .....................................
1978 Pb NAAQS. MO. the document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 9532]]

[FR Doc. 2012-3699 Filed 2-16-12; 8:45 am]
BILLING CODE 6560-50-P

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