Air Plan Approval; Missouri; Restriction of Emission of Lead From Specific Lead Smelter-Refinery Installations, 33049-33052 [2020-11494]
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Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Proposed Rules
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(m) Related Information
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(1) For information about EASA AD 2020–
0036, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
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(3) You may view this material at the FAA,
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in the AD docket on the internet at https://
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locating Docket No. FAA–2020–0457.
(4) For more information about this AD,
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faa.gov.
Issued on May 21, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–11407 Filed 5–29–20; 8:45 am]
BILLING CODE 4910–13–P
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EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
29 CFR Part 1614
RIN 3046–AB00
Official Time in Federal Sector Cases
Before the Commission
Equal Employment
Opportunity Commission
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
The Equal Employment
Opportunity Commission (EEOC) is
announcing that it is reopening the
comment period for the proposed rule
on Official Time in Federal Sector Cases
Before the Commission for an additional
60 days. The original comment period
ended on February 10, 2020.
DATES: The comment period for the
proposed rule published on December
11, 2019 at 84 FR 67683 is reopened.
Written comments must be received on
or before July 31, 2020.
ADDRESSES: You may submit comments,
identified by Regulatory Information
Number (RIN) 3046–AB00, on the
Federal eRulemaking Portal: https://
www.regulations.gov. Alternatively, you
may submit comments, which must
reference RIN Number 3046–AB00, by
U.S. Mail to: Bernadette Wilson,
Executive Officer, Office of the
Executive Secretariat, U.S. EEOC, 131 M
Street NE, Washington, DC 20507.
Instructions: The Commission invites
comments from all interested parties.
All comment submissions must include
the agency name and docket number or
RIN for this rulemaking. If you
previously submitted comments during
the original comment period, you do not
need to submit those same comments
again. Comments need be submitted in
only one of the above listed formats. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information you provide.
Docket: For access to the docket to
read comments previously received, go
to https://www.regulations.gov/
docket?D=EEOC-2019-0004. Copies of
comments received in response to
proposed rules usually are also available
for review at the Commission’s library
until the Commission publishes the rule
in final form. However, given the
EEOC’s current 100% telework status
due to the COVID–19 pandemic, the
Commission’s library is closed until
further notice. Once the Commission’s
library is re-opened, copies of comments
received in response to the proposed
rule will be made available for viewing
SUMMARY:
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33049
at 131 M Street NE, Suite 4NW08R,
Washington, DC 20507, between the
hours of 9:30 a.m. and 5:00 p.m.
FOR FURTHER INFORMATION CONTACT:
Andrew Maunz, Legal Counsel, at
andrew.maunz@eeoc.gov or 202–702–
2671.
On
December 11, 2019, the EEOC requested
comments on a proposed rule,
published at 84 FR 67683, to amend its
rule covering official time for
representatives who are employees of
the federal government. The EEOC
received more than 1,800 comments
before the comment period closed on
February 10, 2020. Due to the high level
of interest on the topic, the Commission
wants to ensure that it gives all
interested stakeholders ample
opportunity to comment. Therefore, the
EEOC will reopen the comment period
for 60 additional days. Parties should
refer to the proposed rule, at 84 FR
67683, for further details about the
issues under consideration.
SUPPLEMENTARY INFORMATION:
For the Commission.
Dated: May 22, 2020.
Janet Dhillon,
Chair.
[FR Doc. 2020–11457 Filed 5–29–20; 8:45 am]
BILLING CODE 6570–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2020–0256; FRL–10009–
96–Region 7]
Air Plan Approval; Missouri;
Restriction of Emission of Lead From
Specific Lead Smelter-Refinery
Installations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing approval of
a State Implementation Plan (SIP)
revision submitted by Missouri on
February 5, 2019. Missouri requests that
EPA revise its approved plan which
restricts emission of lead from specific
lead smelter-refinery installations. The
revisions remove emission restrictions
for a facility that is no longer operating,
update a reference to the Federal
National Emissions Standard for
Hazardous Air Pollutants (NESHAP) for
secondary lead smelters, and update
incorporation by reference to testing
methods. Minor editorial revisions have
also been made for clarity. The EPA’s
SUMMARY:
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proposed approval of this rule revision
is being done in accordance with the
requirements of the Clean Air Act
(CAA).
Comments must be received on
or before July 1, 2020.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2020–0256 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:
Stephanie Doolan, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7719;
email address Doolan.stephanie@
epa.gov.
DATES:
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a
SIP revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
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I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2020–
0256, 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
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
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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. What is being addressed in this
document?
The EPA is proposing to approve
revisions to 10 Code of State Regulation
(CSR) 10–6.120, Restriction of Emission
of Lead From Specific Lead SmelterRefinery Installations, in the
Missouri SIP. The EPA received the
Missouri Department of Natural
Resources’ (MoDNR) SIP revision
submission on February 15, 2019. The
revisions are described in detail in the
technical support document (TSD)
included in the docket for this action.
The Environmental Protection Agency
(EPA) is proposing to approve revisions
to the Missouri State Implementation
Plan (SIP).
The revisions to 10 CSR 10–6.120
eliminate restrictions for a facility that
is no longer operational as a primary
lead smelter, update the reference to the
National Emissions Standards for
Hazardous Air Pollutants (NESHAP),
Subpart X, update the incorporation by
reference information, and make
editorial changes to the rule for clarity.
The EPA believes that these revisions do
not impact the stringency of the
Missouri SIP and do not adversely
impact air quality.
A list of the revisions Missouri made
to 10 CSR 10–6.120 are as follows:
• The reference in paragraph (3),
General Provisions, to the Herculaneum
primary lead smelter and corresponding
Table 1 which formerly contained lead
emission limits has been removed
because the Herculaneum facility no
longer operating as a primary lead
smelter. The Herculaneum area is a
nonattainment area for the 2008 Lead
National Ambient Air Quality Standard
(NAAQS) and thus has an approved
plan to bring the area back into
attainment of the standard. See 79 FR
62572, October 20, 2014. The lead
emissions limits in the approved
attainment demonstration SIP are more
stringent than those in table 1; thus,
EPA did not approve table 1 of the
General Provisions in its August 28,
2015, action. See 80 FR 52190.
Missouri’s removal of the emissions
limitations from its State rule does not
affect the enforceability of the
attainment SIP and the controls required
to meet the NAAQS.
• Paragraph (5), Test Methods, has
also been revised to incorporate the
Secondary Lead Smelter NESHAP by
reference, as well as, reference specific
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EPA test methods described in
Missouri’s rule 10 CSR 10–6.030(22).
As discussed above a detailed
description of Missouri’s revision and
EPA analysis of the impact to air quality
have provided in the TSD which is part
of the docket for this action.
The revisions to this state regulation
were placed on public notice for review
and comment from June 29 through
October 4, 2018. Missouri received three
comments from two sources during the
comment period: EPA provided two
comments and Doe Run Resource
Recycling Facility provided one
comment on the rule revisions. Missouri
responded to all three comments, as
noted in the State submission included
in the docket for this action. Missouri
responded to all three comments in its
Order of Rulemaking dated January 2,
2019. The three comments Missouri
received were:
• EPA commented on paragraph (5) of
the proposed rule revision that the SIP
revision request for subsection 10 CSR
10–6.030 (22), upon which the revisions
regarding test methods in 10 CSR 10–
6.120 relies, had not yet been approved.
Since EPA submitted its comment, the
Missouri SIP has been approved as a
separate action to incorporate the
revisions to 10 CSR 10–6.030. See 85 FR
4229, January 24, 2020.
• EPA also commented on the
revisions to paragraph (5) encouraging
MoDNR to reference 40 CFR part 60,
appendix A, rather that adding
references to 10 CSR 10–6.030(22) in
subsections 5(B) and 5(C). MoDNR did
not amend the rule text in response to
this comment. Missouri’s reliance on
test methods incorporated by reference
in 10 CSR 10–6.030(22) does not affect
the stringency of the rule and remains
protective of air quality.
• Doe Run Buick Resource Recycling
Division submitted one comment to
Missouri stating that it believes the
correct lead emission limit to be 0.00043
gr/dscf. MoDNR’s response was to
remove the reference to the specific
numerical standard and to emphasize
that Doe Run is still required to meet the
Secondary Lead Smelter NESHAP,
subpart X, which is incorporated in 10
CSR 10–6.075 as well. See 79 FR 371,
June 10, 2014.
Missouri made editorial text revisions
detailed in EPA’s TSD for clarity which
do not have an impact to air quality.
Based on a detailed analysis in its
TSD of the revisions to the state rule
that are listed above, EPA is proposing
to approve the revisions to this rule
because it promotes clarity by removing
no longer needed emission limits for the
former Herculaneum primary lead
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smelter refinery and will not have a
negative impact on air quality.
VI. Statutory and Executive Order
Reviews
III. Have the requirements for approval
of a SIP revision been met?
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 placed this
rule revision on public notice from June
29 through October 4, 2008. MoDNR
responded to all three comments
received. As explained above, the
revision meets the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations.
Under the 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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
IV. What action is the EPA taking?
The EPA is proposing to approve
Missouri’s request to revise 10 CSR 10–
6.120. We are processing this as a
proposed SIP revision because we are
soliciting comments on it. Final
rulemaking will occur after
consideration of any comments
received. The EPA is soliciting comment
on the substantive and administrative
revisions detailed in this document and
in the TSD. EPA is not soliciting
comment on existing rule text that has
been previously approved by EPA into
the SIP.
V. Incorporation by Reference
In this document, the EPA is
proposing to include regulatory text in
an EPA final rule that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference the Missouri
Regulations described in the proposed
amendments to 40 CFR part 52 set forth
below. 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).
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; 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).
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, Lead, Reporting and
recordkeeping requirements, Test
methods.
Dated: May 21, 2020.
James Gulliford,
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, the table in paragraph
(c) is amended by revising the entry
‘‘10–6.120’’ to read as follows:
■
§ 52.1320
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MISSOURI REGULATIONS
Missouri citation
State
effective
date
Title
EPA approval date
Explanation
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Missouri Department of Natural Resources
*
*
*
*
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Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
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EPA-APPROVED MISSOURI REGULATIONS—Continued
State
effective
date
Missouri citation
Title
*
10–6.120 .........
*
*
Restriction of Emissions of Lead
from Specific Lead Smelter-Refinery Installations.
*
*
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*
*
*
*
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[FR Doc. 2020–11494 Filed 5–29–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0643; FRL–10009–
77–Region 8]
Promulgation of State Implementation
Plan Revisions; Infrastructure
Requirements for the 2015 Ozone
National Ambient Air Quality
Standards; Utah
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On October 1, 2015, the
Environmental Protection Agency (EPA)
promulgated the 2015 ozone National
Ambient Air Quality Standard
(NAAQS), revising the standard to 0.070
parts per million. Whenever a new or
revised is promulgated, the Clean Air
Act (CAA or Act) requires each state to
submit a State Implementation Plan
(SIP) revision for the implementation,
maintenance, and enforcement of the
new standard. This submission is
commonly referred to as an
infrastructure SIP. In this action we are
proposing to approve the State of Utah’s
2015 ozone NAAQS infrastructure SIP
submitted to the EPA on January 29,
2020.
DATES: Written comments must be
received on or before July 1, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2019–0643, to the Federal
Rulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.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
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SUMMARY:
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EPA approval date
*
*
[Date of publication of the final rule
in
the
Federal
Register],
[Federal Register citation of the
final rule].
*
*
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 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://www2.epa.gov/dockets/
commenting-epa-dockets. To reduce the
risk of COVID–19 transmission, for this
action we will not be accepting
comments submitted by mail or hand
delivery
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will not be placed
on the internet. Publicly available
docket materials are available
electronically at www.regulations.gov.
To reduce the risk of COVID–19
transmission, for this action we do not
plan to offer hard copy review of the
docket. Please email or call the person
listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make
alternative arrangements for access to
the docket.
Kate
Gregory, (303) 312–6175, gregory.kate@
epa.gov. Mail can be directed to the Air
and Radiation Division, U.S. EPA,
Region 8, Mail-code 8ARD–QP, 1595
Wynkoop Street, Denver, Colorado
80202–1129.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘reviewing
authority,’’ ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer
to the EPA.
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I. Background
On March 12, 2008, the EPA
promulgated a new NAAQS for ozone,
revising the levels of the primary and
secondary 8-hour ozone standards from
0.08 parts per million (ppm) to 0.075
ppm.1 More recently, on October 1,
2015, the EPA promulgated and revised
the NAAQS for ozone, further
strengthening the primary and
secondary 8-hour standards to 0.070
ppm.2 The October 1, 2015 standards
are known as the 2015 ozone NAAQS.
Under sections 110(a)(1) and (2) of the
CAA, after the promulgation of a new or
revised NAAQS states are required to
submit infrastructure SIPs to ensure
their SIPs provide for implementation,
maintenance, and enforcement of the
NAAQS.3 These submissions must
contain any revisions needed for
meeting the applicable SIP requirements
of section 110(a)(2), or certifications that
the existing SIPs already meet those
requirements. The EPA highlighted and
explained this statutory requirement in
a series of guidance documents.4
A. What infrastructure elements are
required under Sections 110(a)(1) and
(2)?
CAA section 110(a)(1) provides the
procedural and timing requirements for
SIP submissions after a new or revised
NAAQS is promulgated. Section
110(a)(2) lists specific elements the SIP
1 Final rule, National Ambient Air Quality
Standards for Ozone, 73 FR 16436, 16483 (March
27, 2008).
2 Final rule, National Ambient Air Quality
Standards for Ozone, 80 FR 65292, 65362 (Oct. 26,
2015).
3 42 U.S.C. 7410(a)(1), (2).
4 ‘‘Guidance on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997 8-hour
Ozone and PM2.5 National Ambient Air Quality
Standards’’ (Oct. 2, 2007); ‘‘Guidance on SIP
Elements Required Under Sections 110(a)(1) and (2)
for the 2006 24-Hour Fine Particle (PM2.5) National
Ambient Air Quality Standards (NAAQS)’’ (Sep. 25,
2009); ‘‘Guidance on Infrastructure SIP Elements
Required Under Sections 110(a)(1) and (2) for the
2008 Lead (Pb) National Ambient Air Quality
Standards (NAAQS)’’ (Oct. 14, 2011); ‘‘Guidance on
Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1)
and (2)’’ (Sep. 13, 2013) (2013 Memo).
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[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Proposed Rules]
[Pages 33049-33052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11494]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2020-0256; FRL-10009-96-Region 7]
Air Plan Approval; Missouri; Restriction of Emission of Lead From
Specific Lead Smelter-Refinery Installations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a State Implementation Plan (SIP) revision submitted by
Missouri on February 5, 2019. Missouri requests that EPA revise its
approved plan which restricts emission of lead from specific lead
smelter-refinery installations. The revisions remove emission
restrictions for a facility that is no longer operating, update a
reference to the Federal National Emissions Standard for Hazardous Air
Pollutants (NESHAP) for secondary lead smelters, and update
incorporation by reference to testing methods. Minor editorial
revisions have also been made for clarity. The EPA's
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proposed approval of this rule revision is being done in accordance
with the requirements of the Clean Air Act (CAA).
DATES: Comments must be received on or before July 1, 2020.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2020-0256 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: Stephanie Doolan, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7719; email address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2020-
0256, 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 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. What is being addressed in this document?
The EPA is proposing to approve revisions to 10 Code of State
Regulation (CSR) 10-6.120, Restriction of Emission of Lead From
Specific Lead Smelter-Refinery Installations, in the
Missouri SIP. The EPA received the Missouri Department of Natural
Resources' (MoDNR) SIP revision submission on February 15, 2019. The
revisions are described in detail in the technical support document
(TSD) included in the docket for this action. The Environmental
Protection Agency (EPA) is proposing to approve revisions to the
Missouri State Implementation Plan (SIP).
The revisions to 10 CSR 10-6.120 eliminate restrictions for a
facility that is no longer operational as a primary lead smelter,
update the reference to the National Emissions Standards for Hazardous
Air Pollutants (NESHAP), Subpart X, update the incorporation by
reference information, and make editorial changes to the rule for
clarity. The EPA believes that these revisions do not impact the
stringency of the Missouri SIP and do not adversely impact air quality.
A list of the revisions Missouri made to 10 CSR 10-6.120 are as
follows:
The reference in paragraph (3), General Provisions, to the
Herculaneum primary lead smelter and corresponding Table 1 which
formerly contained lead emission limits has been removed because the
Herculaneum facility no longer operating as a primary lead smelter. The
Herculaneum area is a nonattainment area for the 2008 Lead National
Ambient Air Quality Standard (NAAQS) and thus has an approved plan to
bring the area back into attainment of the standard. See 79 FR 62572,
October 20, 2014. The lead emissions limits in the approved attainment
demonstration SIP are more stringent than those in table 1; thus, EPA
did not approve table 1 of the General Provisions in its August 28,
2015, action. See 80 FR 52190. Missouri's removal of the emissions
limitations from its State rule does not affect the enforceability of
the attainment SIP and the controls required to meet the NAAQS.
Paragraph (5), Test Methods, has also been revised to
incorporate the Secondary Lead Smelter NESHAP by reference, as well as,
reference specific EPA test methods described in Missouri's rule 10 CSR
10-6.030(22).
As discussed above a detailed description of Missouri's revision and
EPA analysis of the impact to air quality have provided in the TSD
which is part of the docket for this action.
The revisions to this state regulation were placed on public notice
for review and comment from June 29 through October 4, 2018. Missouri
received three comments from two sources during the comment period: EPA
provided two comments and Doe Run Resource Recycling Facility provided
one comment on the rule revisions. Missouri responded to all three
comments, as noted in the State submission included in the docket for
this action. Missouri responded to all three comments in its Order of
Rulemaking dated January 2, 2019. The three comments Missouri received
were:
EPA commented on paragraph (5) of the proposed rule
revision that the SIP revision request for subsection 10 CSR 10-6.030
(22), upon which the revisions regarding test methods in 10 CSR 10-
6.120 relies, had not yet been approved. Since EPA submitted its
comment, the Missouri SIP has been approved as a separate action to
incorporate the revisions to 10 CSR 10-6.030. See 85 FR 4229, January
24, 2020.
EPA also commented on the revisions to paragraph (5)
encouraging MoDNR to reference 40 CFR part 60, appendix A, rather that
adding references to 10 CSR 10-6.030(22) in subsections 5(B) and 5(C).
MoDNR did not amend the rule text in response to this comment.
Missouri's reliance on test methods incorporated by reference in 10 CSR
10-6.030(22) does not affect the stringency of the rule and remains
protective of air quality.
Doe Run Buick Resource Recycling Division submitted one
comment to Missouri stating that it believes the correct lead emission
limit to be 0.00043 gr/dscf. MoDNR's response was to remove the
reference to the specific numerical standard and to emphasize that Doe
Run is still required to meet the Secondary Lead Smelter NESHAP,
subpart X, which is incorporated in 10 CSR 10-6.075 as well. See 79 FR
371, June 10, 2014.
Missouri made editorial text revisions detailed in EPA's TSD for
clarity which do not have an impact to air quality.
Based on a detailed analysis in its TSD of the revisions to the
state rule that are listed above, EPA is proposing to approve the
revisions to this rule because it promotes clarity by removing no
longer needed emission limits for the former Herculaneum primary lead
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smelter refinery and will not have a negative impact on air quality.
III. Have the requirements for approval of a SIP revision been met?
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 placed this rule revision on public notice from June 29 through
October 4, 2008. MoDNR responded to all three comments received. As
explained above, the revision meets the substantive SIP requirements of
the CAA, including section 110 and implementing regulations.
IV. What action is the EPA taking?
The EPA is proposing to approve Missouri's request to revise 10 CSR
10-6.120. We are processing this as a proposed SIP revision because we
are soliciting comments on it. Final rulemaking will occur after
consideration of any comments received. The EPA is soliciting comment
on the substantive and administrative revisions detailed in this
document and in the TSD. EPA is not soliciting comment on existing rule
text that has been previously approved by EPA into the SIP.
V. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Missouri Regulations described in the
proposed amendments to 40 CFR part 52 set forth below. 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).
VI. Statutory and Executive Order Reviews
Under the 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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
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).
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, Lead, Reporting and recordkeeping requirements, Test
methods.
Dated: May 21, 2020.
James Gulliford,
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
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, the table in paragraph (c) is amended by revising
the entry ``10-6.120'' to read as follows:
Sec. 52.1320 Identification of plan.
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(c) * * *
EPA-Approved Missouri Regulations
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State
Missouri citation Title effective EPA approval date Explanation
date
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Missouri Department of Natural Resources
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Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
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10-6.120.................. Restriction of 10/25/18 [Date of publication
Emissions of Lead from of the final rule in
Specific Lead Smelter- the Federal
Refinery Installations. Register], [Federal
Register citation of
the final rule].
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[FR Doc. 2020-11494 Filed 5-29-20; 8:45 am]
BILLING CODE 6560-50-P
