Air Plan Approval; State of Missouri; Revised Plan for 1978 and 2008 Lead NAAQS, 5761-5767 [2022-01500]
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Canada), dual citizen of Canada and a
third country other than a country listed
in § 126.1 of this subchapter unless the
conditions of § 126.18(c) are satisfied, or
permanent resident registered in Canada
in accordance with the Canadian
Defense Production Act, and such other
Canadian Crown Corporations identified
by the Department of State in a list of
such persons publicly available through
the website of the Directorate of Defense
Trade Controls and by other means.
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■ 6. Amend § 126.18 by revising
paragraph (c)(2) to read as follows:
§ 126.18 Exemptions regarding intracompany, intra-organization, and intragovernmental transfers to employees who
are dual nationals or third-country
nationals.
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(c) * * *
(2) The end-user or consignee to have
in place a process to screen its
employees and for the employees to
have executed a nondisclosure
agreement that provides assurances that
the employee will not transfer any
defense articles to persons unless
specifically authorized. The end-user or
consignee must screen its employees for
substantive contacts with restricted or
prohibited countries listed in § 126.1.
Substantive contacts include regular
travel to such countries, recent or
continuing contact with agents, brokers,
and nationals of such countries,
continued demonstrated allegiance to
such countries, maintenance of business
relationships with persons from such
countries, maintenance of a residence in
such countries, receiving salary or other
continuing monetary compensation
from such countries, or acts otherwise
indicating a risk of diversion. An
employee who has substantive contacts
with persons from countries listed in
§ 126.1(d)(1) shall be presumed to raise
a risk of diversion, unless DDTC
determines otherwise. End-users and
consignees must maintain a technology
security/clearance plan that includes
procedures for screening employees for
such substantive contacts and maintain
records of such screening for five years.
The technology security/clearance plan
and screening records shall be made
available to DDTC or its agents for civil
and criminal law enforcement purposes
upon request.
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PART 127—VIOLATIONS AND
PENALTIES
7. The authority citation for part 127
continues to read as follows:
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Authority: Sections 2, 38, and 42, Pub. L.
90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2791); 22 U.S.C. 401; 22 U.S.C. 2651a; 22
U.S.C. 2779a; 22 U.S.C. 2780; E.O. 13637, 78
FR 16129; Pub. L. 114–74, 129 Stat. 584.
8. Amend § 127.12 by revising
paragraph (b)(5) to read as follows:
■
§ 127.12
Voluntary disclosures.
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(b) * * *
(5) Nothing in this section shall be
interpreted to negate or lessen the
obligations imposed pursuant to
§§ 126.1(e), 126.16(h)(8), and
126.17(h)(8) of this subchapter.
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Bonnie Jenkins,
Under Secretary, Arms Controls and
International Security, Department of State.
[FR Doc. 2022–01889 Filed 2–1–22; 8:45 am]
BILLING CODE 4710–25–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Air Plan Approval; State of Missouri;
Revised Plan for 1978 and 2008 Lead
NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to take
action to approve the State of Missouri’s
request to remove its State
Implementation Plan (SIP) for
maintaining the 1978 Lead National
Ambient Air Quality Standards
(NAAQS) in portions of Iron County,
Missouri, surrounding the former Glover
smelter, and replace the maintenance
plan with a plan for continued
attainment of the 2008 Lead NAAQS.
Missouri has entered into a Consent
Agreement with the facility’s current
owner, the Doe Run Company (Doe
Run), and has submitted the Consent
Agreement for approval into the SIP
along with a plan demonstrating
continued attainment of the 2008 Lead
NAAQS in the area. The EPA’s
proposed approval of the request is
based on the determination that the area
continues to meet the 1978 and 2008
Lead NAAQS and that the plan provides
additional protections to air quality
regardless of ownership and/or
operational status of the Glover facility.
DATES: Comments must be received on
or before March 4, 2022.
SUMMARY:
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You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2021–0913 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received will be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Ms.
Stephanie Doolan, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, KS 66219 at (913)
551–7719 or by email at
doolan.stephanie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
ADDRESSES:
Table of Contents
[EPA–R07–OAR–2021–0913; FRL–9351–01–
R7]
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I. Written Comments
II. Background for the EPA’s Proposed Action
III. Missouri’s Submission
IV. The EPA’s Analysis of the State’s Request
1. Air Monitoring Demonstrates
Attainment of the 2008 Lead NAAQS
2. Demonstration that the Plan will Protect
the 2008 Lead NAAQS
3. Verification of Continued Attainment
4. Deconstruction or Demolition of
Remaining Structures
5. Other Differences Between the 2004
Maintenance Plan and 2003 Settlement
Agreement and the 2020 Plan and 2020
Consent Agreement
V. Requirements for Approval of a SIP
Revision
VI. The EPA’s Proposed Action
VII. Incorporation by Reference
VIII. Environmental Justice Concerns
IX. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2021–
0913, at https://www.regulations.gov.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
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consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
II. Background for the EPA’s Proposed
Action
American Smelting and Refining
Company Incorporated (ASARCO)
constructed the Glover facility in 1968
prior to the Clean Air Act (CAA) and
any associated permitting or air
pollution control requirements. In 1978,
the EPA promulgated a national ambient
air quality standard (NAAQS) for lead of
1.5 micrograms per cubic meter (mg/m3)
averaged over a calendar quarter (43 FR
46246, October 5, 1978). To comply
with the 1978 standard, in 1980 the
state submitted its attainment plan
which was approved by EPA into the
Missouri State Implementation Plan
(SIP) (46 FR 23412, April 27, 1981). The
area surrounding the facility was
subsequently designated as
nonattainment for the 1978 Lead
NAAQS on November 6, 1991 (56 FR
56694). On August 14, 1996, Missouri
submitted a second attainment plan for
the area that was approved by EPA into
Missouri’s SIP (62 FR 9970, March 5,
1997). On August 30, 1998, the Doe Run
Company (Doe Run) acquired all
ASARCO’s Missouri lead interests
including the Glover facility. The
transfer of ownership was approved into
the Missouri SIP on April 16, 2002, in
a SIP approval action that primarily
pertains to the Herculaneum primary
lead smelter (67 FR 18497). On October
29, 2004, the EPA redesignated the area
surrounding the Glover facility to
attainment of the 1978 Lead NAAQS
and approved the maintenance plan for
ensuring continued maintenance of the
standard (69 FR 63072). As part of the
2004 maintenance plan approval, the
EPA approved the Settlement
Agreement between Missouri and Doe
Run, dated October 31, 2003, into the
SIP.
Doe Run ceased smelting operations
at the facility in November 2003.
Subsequent to ceasing operations,
monitors recorded 3-month rolling
calendar quarter average lead
concentrations in the area that were
continuously below 0.15 mg/m3, the
level of the 2008 Lead NAAQS. Because
the lead concentrations monitored in
ambient air were less than the 2008
Lead NAAQS level, EPA designated the
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area as unclassifiable/attainment for that
NAAQS (75 FR 71033, November 21,
2010).
In 2013, Doe Run initiated demolition
of buildings and other structures at the
facility. During these activities, ambient
air monitors in the Glover area violated
the 2008 Lead NAAQS. Doe Run ceased
these activities temporarily to
implement more stringent dust control
measures before resuming demolition.
There were no subsequent violations of
the 2008 Lead NAAQS.
In its October 7, 2020 SIP revision
request, Missouri reports that as of
December 2019, most of the
deconstruction and removal activities at
the Glover facility are complete. Doe
Run demolished the sinter plant and
associated baghouses; removed the
furnaces, feed conveyors, kettles and
casting line; and capped and vegetated
the ASARCO slag pile. In its October 7,
2020 SIP revision request, Missouri also
reports that Doe Run has filed closure
plans for the Glover facility with
Missouri’s Land Reclamation Program.
In January 2018, the Land Reclamation
Program approved Doe Run’s Metallic
Minerals Waste Management Closure
Plan for the Glover facility. Two stacks
still stand on the premises.
Additionally, the unloading building is
still in use as a lead concentrate storage
and transfer station.
III. Missouri’s Submission
On October 7, 2020, Missouri
submitted a request to strengthen the
SIP by replacing its maintenance plan
and associated Consent Agreement for
the 1978 Lead NAAQS for the former
Doe Run Glover lead smelter in Iron
County, Missouri, with a plan for
continued attainment of the 2008 Lead
NAAQS (hereinafter ‘‘2020 Plan’’).
Missouri’s request includes a June 6,
2020 Consent Agreement between
Missouri and Doe Run (hereinafter
‘‘2020 Consent Agreement’’) as a
replacement for the 2003 Settlement
Agreement. The 2020 Consent
Agreement restricts lead emitting
activities, requires fugitive emissions
controls and contingency measures, and
applies to current and future owners of
the facility. Once incorporated into the
SIP, any change to the 2020 Consent
Agreement would require a SIP revision
and accompanying determination by the
EPA that the revision remains at least as
protective as the current agreement
under the CAA before the changes could
take effect.
As discussed in section II, the
maintenance plan for the facility
approved by the EPA in 2004 and its
federally enforceable Settlement
Agreement contain emission controls
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and contingency measures based on the
facility’s operation as a lead smelter.
The 2004 maintenance plan and 2003
Settlement Agreement no longer
represent the types of controls and
contingency measures necessary to
ensure the control of fugitive lead
containing dust and to secure the
facility against re-entrainment due to
future demolition of on-site structures
and/or disturbance of leadcontaminated soil that may cause a
violation of the lead standard. For these
reasons, Missouri and Doe Run executed
the 2020 Consent Agreement that
updates the emissions controls to work
practice standards for the control of
fugitive lead-contaminated dust, revises
the contingency measures to be
implemented in the event of a future
violation to include fugitive dust
controls that can be immediately
implemented, and makes the controls
and contingency measures applicable
and binding on any future property
owner and/or operator. The 2020
Consent Agreement contains provisions
for restarting ambient air monitoring
should conditions at the facility change
and pose a potential for a future 2008
Lead NAAQS violation.
Section IV describes the EPA’s
analysis of Missouri’s submission and
rationale for its proposed approval
demonstrating how the 2020 plan and
2020 Consent Agreement meet the
general SIP submission requirements for
approval pursuant section 110 of the
CAA and specifically the requirements
of section 110(l) which are described
below.
IV. The EPA’s Analysis of the State’s
Request
As discussed above, the EPA’s action
to redesignate the area under the 1978
Lead NAAQS also contained EPA’s
approval of a maintenance plan to
ensure that the area continues to attain
the 1978 Lead NAAQS. On November
12, 2008, the EPA promulgated the 2008
Lead NAAQS and stated that the 1978
Lead NAAQS would continue to apply
for a period of one year following the
effective date of designations, except
that for areas in nonattainment of the
1978 Lead NAAQS that standard would
continue to be in effect until EPA
approved a SIP for the 2008 Lead
NAAQS (73 FR 66964, 67043). As
explained above, EPA redesignated the
Glover area to attainment of the 1978
Lead NAAQS on October 29, 2004.
Thus, the 1978 Lead NAAQS was
revoked for the Glover area one year
following its attainment designation for
the 2008 Lead NAAQS. While the 1978
Lead NAAQS was revoked for the
Glover area, the 1978 Lead NAAQS
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maintenance plan for the Glover area
remained part of Missouri’s SIP.
The state has requested that the EPA
approve the October 7, 2020 submittal
as a replacement for the SIP-approved
maintenance plan for the 1978 Lead
NAAQS and the 2020 Consent
Agreement as a replacement for the
2004 Settlement Agreement.1 The EPA
is evaluating the request to ensure the
request satisfies the requirement of
section 110(l) of the CAA that the plan
revision not interfere with any
applicable requirement concerning
attainment, reasonable further progress
or any other applicable CAA
requirement. The following paragraphs
present the EPA’s analysis of how the
state’s plan meets the requirements of
CAA section 110(l).
1. Air Monitoring Demonstrates
Attainment of the 2008 Lead NAAQS
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The State of Missouri operated a State
and Local Air Monitoring Stations
(SLAMS) ambient air monitor for lead
for the Glover nonattainment area to
demonstrate attainment of the 1978
Lead NAAQS. The data from this
monitor were also used to designate the
Glover area as unclassifiable/attainment
for the 2008 Lead NAAQS. From
January 2014 to May 2019, ambient air
monitors recorded data that was below
the level of the 2008 Lead NAAQS. The
maximum annual three-month rolling
average lead concentration for 2018 for
the monitor operated by Missouri is 0.02
mg/m3.
In its 2018 Monitoring Network Plan,
Missouri requested to cease operating its
ambient lead monitor downwind from
the Glover facility on the basis that the
monitor met the regulatory requirements
for monitor shutdown of 40 CFR
58.14(c), namely that the area has
shown attainment of the lead standard
for the previous five years and that the
probability that 80 percent of the
standard will be exceeded is less than
10 percent. In an approval letter dated
April 19, 2019, EPA approved
Missouri’s request noting that EPA may
require monitoring to be restarted in the
future if a change in the facility status
occurs (such as demolition, site cleanup
or construction) that could result in
1 Because the Glover Area was designated as an
unclassifiable/attainment area for the 2008 Lead
NAAQS, Missouri is not required to submit a plan
for attaining the 2008 Lead NAAQS. See 75 FR
71033, November 22, 2010. While Missouri’s
submittal is entitled ‘‘Plan for Continued
Attainment of the 2008 Lead Standard in Liberty
and Arcadia Townships in Iron County Doe Run—
Glover Facility’’, the plan is not an attainment plan
subject to the requirements of section 172 of the
CAA or a maintenance plan subject to the
requirements of section 175A of the CAA.
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increased re-entrainment of lead dust.2
Missouri discontinued sampling at the
site in May 2019.
Doe Run currently operates two air
monitors for lead in the area classified
as non-ambient industrial source
monitors. The sites are named the
Glover Post Office Site and the Glover
Big Creek Site. These air monitors also
have not recorded violations of the 2008
Lead NAAQS since the violation that
occurred during the 2013 demolition
activities. The 2020 Consent Agreement
states that Doe Run shall continue
monitoring for airborne lead at the
Glover Post Office site and the Glover
Big Creek site until EPA approves the
2020 Plan and 2020 Consent Agreement
into the Missouri SIP.
The 2020 Consent Agreement
provides a process for resumption of
monitoring should certain lead-emitting
activities resume at the facility. Through
this action, the EPA is proposing to
allow Doe Run to discontinue sampling
at these two monitoring sites per the
2020 Consent Agreement based on
EPA’s determination that historical
monitoring demonstrates that air quality
in the area will remain in compliance
with the 2008 Lead NAAQS based upon
the facility operations allowed by the
2020 Consent Agreement.
2. Demonstration That the Plan Will
Protect the 2008 Lead NAAQS
Missouri has demonstrated the
continued attainment of the standard
through fugitive emission controls and
work practice standards that have been
verified by the ongoing attainment of
the 2008 Lead NAAQS at the ambient
air monitor. The 2008 Lead NAAQS,
0.15 mg/m3 averaged over a rolling
calendar quarter, is more stringent than
the 1978 Lead NAAQS, 1.5 mg/m3
averaged over a calendar quarter. The
activities at the facility are limited
under paragraph 1.A of the 2020
Consent Agreement to handling and
storage of lead concentrate material.
Under paragraph 1.A Doe Run shall not
resume or recommence any lead
smelting, refining, molding, casting, or
any other activity at the Glover facility
that will result in production-related
lead emissions without Missouri’s
written approval.
Other requirements from the 2020
Plan and 2020 Consent Agreement
between Missouri and Doe Run (and its
successors) include continued operation
of a vehicle wash station, street
cleaning, road sprinkler systems, and
the requirement to maintain the fence
2 The April 19, 2019 EPA approval letter of
Missouri’s 2018 monitoring network plan is
included in the docket for this action.
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5763
line surrounding the facility to preclude
public access.
Paragraph 1.B. of the 2020 Consent
Agreement requires Doe Run to
continue to operate a vehicle wash
station designed to wash a vehicle’s
undercarriage, sides, backs and tailgates,
tires, and wheels. Every vehicle leaving
the Glover facility after loading or
unloading concentrate or lead-bearing
materials must be washed in the wash
station prior to exiting the facility. The
vehicle wash requirement was a
contingency measure in the 2004
maintenance plan; whereas, it is a
requirement of the 2020 Consent
Agreement.
Paragraph 1.C. of the 2020 Consent
Agreement requires Doe Run to
continue to conduct street cleaning
using a regenerative air sweeper or a
device of comparable efficiency. Street
cleaning will continue for all interior
roads traveled by trucks transporting
concentrate or lead-bearing material
trucks from the loading or unloading
area to the wash station at least once
each week that loading or unloading
occurs. During periods when freezing
temperatures may form snow, ice or
hazardous conditions, street cleaning
operations may be suspended. This
requirement differs from the 2004
maintenance plan only in that Doe Run
was previously required to conduct
street cleaning once per day; the 2020
Consent Agreement requires street
cleaning once per week. The 2004
maintenance plan requirement was
based on the assumption that the facility
would continue to operate as a lead
smelter. Since November 2003 the
facility has been used to store lead
concentrate, a process that emits less
lead, reducing the frequency of street
cleaning will remain protective of the
NAAQS.
Paragraph 1.D., of the 2020 Consent
Agreement requires Doe Run to
continue operating its sprinkler system
to reduce lead emissions from
transportation activities within the
Glover Facility. The sprinkler system
shall be operated for truck haul routes
when there are 10 or more trucks
carrying concentrate or lead-bearing
material that have loaded or unloaded at
the facility on any calendar day, except
on days when there is precipitation or
the ambient temperature is less than 39
degrees Fahrenheit. The 2020 Consent
Agreement requirements to operate the
sprinkler system are the same as the
2003 Settlement Agreement except that
the Work Practice Manual containing
these requirements was an attachment
to the 2003 Agreement, while the
requirements of the sprinkler system
operations are included within
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paragraph 1.D of the 2020 Consent
Agreement. The 2020 Consent
Agreement also provides Missouri the
authority to request Doe Run to develop
a new work practice manual or standard
operating procedures for the sprinkler
system that ensures these minimum
requirements are met.
All deliveries of concentrate shall
unload only at the unloading building
per paragraph 1.E. of the 2020 Consent
Agreement. The siding, roll-up doors,
and roof monitor enclosure of this
building shall be maintained to
minimize fugitive emissions of lead
containing dust. Doe Run shall repair or
cover any hole, rip, or tear in the siding
or roll-up doors that are larger than one
foot (12 inches) in any dimension
within 24 hours after discovery. Doe
Run must ensure all personnel access
and roll-up doors remain closed except
as needed for employees or vehicles to
enter or exit the building. At least
weekly during loading or unloading
activity, Doe Run shall inspect all doors,
siding, and openings to ensure
compliance and maintain a record
documenting compliance with
Paragraphs 1.D. and 1.E. The 2020
Consent Agreement requirements are
more specific about the inspection for
leaks and the requirements to address
them than the 2003 Settlement
Agreement.
Per paragraph 1.H. of the 2020
Consent Agreement Doe Run shall
continue to maintain a fence that
precludes public access to the general
Glover Facility area. The minimum
fence line Doe Run shall maintain is
identified in Appendix A of the 2020
Consent Agreement. The purpose of the
fence line is to maintain a distinction
between ambient and non-ambient air to
prevent public access to the area. The
2020 Consent Agreement requires Doe
Run or its successor to continue to
maintain the fence line until Missouri
determines in writing that all closure
and remediation activities in the area
surrounding the Glover facility are
complete. The 2020 Consent Agreement
is more specific in requiring any
successor(s) to maintain the fencing
until the remediation is complete to
prevent public access to lead
contaminated areas.
3. Verification of Continued Attainment
The state has the legal authority to
enforce and implement the
requirements of the 2020 Consent
Agreement to ensure ongoing attainment
of the 2008 Lead NAAQS, which will be
permanent and enforceable upon
approval into Missouri’s SIP.
The state commits in its 2020 plan to
ensure that Doe Run or its successor
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will continue to operate the facility only
for lead concentrate transport and
storage under the emission controls
described above. If facility operations
change, Doe Run or its successor is
required to follow the requirements of
paragraph 1.G of the 2020 Consent
Agreement for deconstruction or
demolition activities described in the
next section. The limitations on future
deconstruction or demolition activities
at the facility is not included in the
2004 plan or 2003 Settlement
Agreement; these documents were
written with the expectation that the
facility would continue to operate as a
lead smelter; the 2020 Consent
Agreement is more comprehensive as it
addresses deconstruction and
demolition activities.
4. Deconstruction or Demolition of
Remaining Structures
If any demolition or deconstruction is
planned at the facility by Doe Run or its
successors for the remaining structures
at the Glover Facility, per paragraph 1.G
of the 2020 Consent Agreement, Doe
Run or its successor shall notify
Missouri’s Air Director. Concurrent with
its notification, Doe Run shall either:
a. Submit to the Missouri Air Director
a plan for fugitive dust control related
to such activities and a schedule for
restarting air lead monitoring at the
Glover Post Office and Glover Big Creek
monitoring sites under the approved
Quality Assurance Project Plan for
Ambient Air Quality Monitoring for the
Lead Monitoring Network at the Doe
Run Company Glover Division, Version
2.0, December 2019; or
b. Submit to the Missouri Air Director
a plan for fugitive dust control prior to
the commencement of demolition or
deconstruction activities, and if
requested, include a new plan and
schedule for new temporary monitoring
sites at locations other than the Glover
Post Office and Glover Big Creek
monitoring sites and an accompanying
Quality Assurance Project Plan (QAPP)
for any such sites.
For either option listed above,
monitoring will be conducted every
other day starting a minimum of five
calendar days in advance of the
demolition or deconstruction activities
and must continue for a minimum of
three months following the completion
of the activities.
If Doe Run restarts monitoring or
installs new temporary monitors
pursuant paragraph 1.G of the 2020
Consent Agreement, the following shall
apply:
a. If an air monitor measures any of
the following concentrations of lead in
the air, Doe Run shall cease the
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activities that led to the high
concentrations as expediently as
practicable:
1. A 24-hour average concentration of
1.5 mg/m3 or higher;
2. two consecutive measurements
where the average concentration of the
two days is 0.5 mg/m3 or higher;
3. four consecutive measurements
where the average concentration of the
four days is 0.25 mg/m3 or higher;
4. 15 consecutive measurements
where the average concentration of the
15 days is 0.15 mg/m3 or higher.
b. Doe Run shall notify Missouri’s Air
Director in writing within seven
calendar days after the day in which the
measured lead concentration triggered
an exceedance of any of these levels.
The notification shall include all
measured lead concentrations that
contributed to the exceedance, an
explanation of the activities that led to
the exceedance, and the steps Doe Run
took to cease such activities as
expediently as practicable.
c. Following an exceedance of any of
the levels Missouri has established
listed above in subparagraph 5.a., Doe
Run must submit an updated dust
control plan and obtain Missouri’s
approval before resuming on-site
activities. At a minimum, any such
update to the dust control plan must
consider measures to control lead
containing dust including the use of
water mister-type dust control devices,
installation of temporary physical
barriers around the activity site to block
fugitive dust emissions, increased road
washing and sweeping, and intensive
washing of interiors of structures subject
to demolition or deconstruction.
The fugitive dust controls and lead
monitoring requirements listed above
are necessary in the event that the
facility use changes from its current
status as a lead concentrate
transportation and storage facility and
Doe Run or its successor initiates on-site
activities that would disturb lead
containing dust, such as demolition or
deconstruction. If Doe Run is required
to resume air monitoring based upon a
change in activities at the facility and
the area violates the NAAQS, the 2020
Consent Agreement specifies steps to be
taken to control the lead containing dust
and return the area to compliance with
the standard. The 2003 Settlement
Agreement does not address
deconstruction or demolition activities.
5. Other Differences Between the 2004
Maintenance Plan and 2003 Settlement
Agreement and the 2020 Plan and 2020
Consent Agreement
Since the Glover facility no longer
smelts lead, Missouri did not include
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items specific to Doe Run’s former
smelter operations from the 2004
maintenance plan and 2003 Settlement
Agreement to the 2020 Plan and 2020
Consent Agreement. These items are
listed below:
• Requirements for the operation of
the former Sinter Plant and Blast
Furnace;
• Limits on stack emissions for lead;
• Limits on hours of operation; and
• Weight limits for how much lead
may be produced.
The previous contingency measures
were also not carried forward because
they were focused on the lead smelting
process, such as lowering stack lead
emission limits, increasing the Sinter
baghouse efficiency, and modification of
the refinery skims handling procedures.
The implementation of a vehicle wash
station was a previous contingency
measure that was implemented and
carried forward as a requirement of the
2020 Consent Agreement. Expansion of
the sprinkler system use was a previous
contingency measure that was modified
in the 2020 Consent Agreement by
making the sprinkler system a
requirement for specific haul roads,
under dry conditions with temperatures
greater than 39 degrees Fahrenheit and
when 10 or more trucks will be loaded
or unloaded on a given day.
As discussed in this section, lead
emissions are not expected to increase
provided that activities remain the same
and Doe Run (and any future owner)
complies with the requirements of the
2020 Consent Agreement. In the case
that activities at the facility do change,
the 2020 Consent Agreement provides a
process for resumption of monitoring
should certain lead-emitting activities
resume at the facility. This requirement
to resume monitoring provides an
additional measure to ensure continued
attainment of both the 1978 NAAQS and
the 2008 NAAQS.
For the reasons explained in this
section, the EPA proposes to find that
approval of the 2020 plan and 2020
Consent Agreement replacing the 2004
plan and 2003 Settlement Agreement
will not interfere with attainment or
maintenance of the NAAQS, and thus
satisfies CAA section 110(l).
Additionally, the EPA proposes to
approve the 2020 plan and 2020
Consent Agreement into Missouri’s SIP
because they include controls and
contingency measures that will ensure
protection of the 2008 Lead NAAQS
under the current and future operating
status of the facility.
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V. Requirements for Approval of a SIP
Revision
Pursuant to section 110(l) of the CAA,
any SIP revision must ensure that it
does not interfere with attainment or
reasonable further progress towards
attainment for any NAAQS, or with any
other applicable requirement of the Act.
For the reasons explained above, the
EPA proposes to find Missouri’s 2020
plan and 2020 Consent Agreement, as
submitted to the EPA on October 7,
2020, as a replacement to the 2004 plan
and 2003 Settlement Agreement, does
not interfere with attainment or
maintenance of the NAAQS, and thus
satisfies CAA section 110(l). If future
activities include demolition or
deconstruction of any of the remaining
structures, the 2020 Plan and 2020
Consent Agreement provide for reinstating air monitors to ensure that
deconstruction or demolition of the
facility, activities that are known to reentrain lead dust, do not lead to
violations of the 2008 Lead NAAQS,
and thereby protect human health and
the environment. All the requirements
of the 2020 Consent Agreement are also
imposed on Doe Run’s successors in the
event of a future property transaction.
Further, the State submission has met
the public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. The State provided
public notice on this SIP revision from
June 30, 2020 to August 6, 2020. A
public hearing was held by the Missouri
Air Conservation Commission (MACC)
on July 30, 2020 before approval of the
SIP revision request and submittal to
EPA. No comments were received. In
addition, as explained above in the
analysis of the state’s submittal, the
proposed SIP revision meets the
substantive requirements of the CAA,
including section 110 of the CAA and
implementing regulations.
VI. The EPA’s Proposed Action
The EPA is proposing to approve
Missouri’s request to strengthen the
State Implementation Plan (SIP) by
removing its maintenance plan and
associated Consent Agreement for the
1978 Lead NAAQS for the former Doe
Run Glover lead smelter in Iron County,
Missouri, and replacing it with a plan
for continued attainment of the 2008
Lead NAAQS and a new Consent
Agreement. On October 29, 2004, the
area surrounding the Glover facility was
redesignated to attainment for the 1978
lead NAAQS, which is 1.5 micrograms
per cubic meter (mg/m3) averaged over a
calendar quarter (69 FR 63072). On
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October 7, 2020, the state submitted a
request to replace the maintenance plan
to ensure that the area continues to
maintain the 2008 Lead NAAQS, for
which the area was designated
unclassifiable/attainment in 2010. The
2008 Lead NAAQS replaced the 1978
NAAQS and is 0.15 mg/m3 averaged over
a rolling calendar quarter. Based on
EPA’s review of the state’s submittal
which is described in detail in the
previous sections, EPA proposes to
approve Missouri’s request. Missouri’s
request includes a 2020 Consent
Agreement that restricts lead emitting
activities, requires fugitive emissions
controls and contingency measures, and
applies to current and future owners of
the facility. Once incorporated into the
SIP, any change to the agreement would
require a SIP revision and
accompanying determination by EPA
that the revision remains at least as
protective as the current agreement
under the CAA before the changes could
take effect.
VII. Incorporation by Reference
In this document, the EPA is
proposing to approve regulatory text
that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing the incorporation by
reference of the Missouri SourceSpecific Orders described as follows:
The Doe Run Glover Facility Consent
Agreement, APCP–2020–002, dated
February 2, 2020, replaces the Doe Run
Lead Smelter (Glover, MO) Settlement
Agreement, dated October 31, 2003
(approved by EPA on October 29, 2004).
The EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and at the EPA Region 7 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
Therefore, these materials will be
approved by the EPA for inclusion in
the State implementation plan, will be
incorporated by reference by EPA into
that plan, and will be fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP compilation.3
Also, in this document, as described
in the amendments to 40 CFR part 52 set
forth below, the EPA is removing
provisions of the EPA-Approved
Missouri Source-Specific Permits and
Orders from the Missouri State
Implementation Plan, which is
3 62
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incorporated by reference in accordance
with the requirements of 1 CFR part 51.
income populations and/or indigenous
peoples.
VIII. Environmental Justice Concerns
IX. Statutory and Executive Order
Reviews
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the CAA.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; and
When the EPA establishes a new or
revised NAAQS, the CAA requires the
EPA to designate all areas of the U.S. as
either nonattainment, attainment, or
unclassifiable. Area designations
address environmental justice concerns
by ensuring that the public is properly
informed about the air quality in an
area. If an area is designated
nonattainment of the NAAQS, the CAA
provides for the EPA to redesignate the
area to attainment upon a demonstration
by the state authority that the criteria for
a redesignation are met, including a
showing that air quality is attaining the
NAAQS and will continue to maintain
the NAAQS in order to ensure that all
those residing, working, attending
school, or otherwise present in those
areas are protected, regardless of
minority and economic status.
The EPA utilized the EJSCREEN tool
to evaluate environmental and
demographic indicators within the area.
The tool outputs are contained in the
docket for this action. The results
indicate there are vulnerable
populations in the area such as lowincome individuals.
This action addresses a plan for
continued attainment of the 2008 Lead
NAAQS for the Glover, Missouri area.
As discussed in this document,
Missouri has demonstrated that the air
quality in the Glover area is attaining
the 2008 Lead NAAQS and will ensure
continued attainment of the NAAQS.
The 2020 Plan and 2020 Consent
Agreement are as protective or more
protective of vulnerable populations in
the area than the 2004 maintenance plan
and 2003 Settlement Agreement because
they include broader provisions for the
activities, including deconstruction and
demolition, that are most likely to cause
a future NAAQS violation. For these
reasons, this proposed action does not
result in disproportionately high and
adverse human health or environmental
effects on minority populations, low-
• This action does not have
disproportionately high and adverse
human health or environmental effects
on minority populations, low-income
populations and/or indigenous peoples,
as specified in Executive Order 12898
(59 FR 7629, February 16, 1994). The
basis for this determination is contained
in section VIII of this action,
‘‘Environmental Justice Concerns.’’
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, and Lead.
Dated: January 20, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart—AA Missouri
2. In § 52.1320:
a. Remove and reserve paragraph
(d)(22) and add paragraph (d)(34); and
■ b. Remove and reserve paragraph
(e)(49) and add paragraph (e)(81).
The revisions and additions read as
follows:
■
■
§ 52.1230
*
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS
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Name of source
*
(22) Reserved
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*
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*
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effective
date
*
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*
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EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS—Continued
Name of source
Order/permit number
*
*
*
(34) Doe Run Glover Facility
Consent Agreement, APCP–
2020–002.
State
effective
date
*
6/2/2020
EPA approval date
Explanation
*
*
[Date of publication of the final rule in
the Federal Register], [Federal
Register citation of the final rule].
*
(e) * * *
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Name of nonregulatory SIP
provision
Applicable geographic or
nonattainment area
*
(49) Reserved
*
*
(81) Glover Lead Plan for
Continued Attainment of
the 2008 Lead NAAQS.
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R6–ES–2018–0055;
FF09E21000 FXES1111090FEDR 223]
RIN 1018–BD17
Endangered and Threatened Wildlife
and Plants; Threatened Species Status
for Chapin Mesa Milkvetch and
Designation of Critical Habitat;
Withdrawal
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; withdrawal.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), withdraw the
proposed rule to list the Chapin Mesa
milkvetch (Astragalus schmolliae) as a
threatened species under the
Endangered Species Act of 1973, as
amended (Act). We concurrently
withdraw the proposed rule to designate
critical habitat for the species. This
withdrawal is based on our conclusion
that the conservation plan for Chapin
Mesa milkvetch at Mesa Verde National
Park, and its associated implementation
plan, in addition to new standard
operating procedures for fire
management at Mesa Verde National
Park, reduce the threats to the species
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SUMMARY:
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*
*
Iron County (part) within
boundaries of Liberty and
Arcadia Townships.
[FR Doc. 2022–01500 Filed 2–1–22; 8:45 am]
State
submittal
date
*
*
10/7/2020
Previous Federal Actions
On September 17, 2020, we proposed
to list Chapin Mesa milkvetch as a
threatened species under the Act (16
U.S.C. 1531 et seq.), and to designate
critical habitat (85 FR 58224). Please
refer to that proposed rule for a detailed
description of previous Federal actions
concerning Chapin Mesa milkvetch
Frm 00026
Fmt 4702
*
*
*
[Date of publication of the final rule in
the Federal Register], [Federal
Register citation of the final rule].
such that it no longer meets the Act’s
definition of an ‘‘endangered species’’ or
a ‘‘threatened species.’’ Therefore, we
are withdrawing our proposal to list the
Chapin Mesa milkvetch as a threatened
species and our proposal to designate
critical habitat for the species.
DATES: The proposed rule that
published on September 17, 2020 (85 FR
58224), to list the Chapin Mesa
milkvetch as a threatened species and to
designate critical habitat for the Chapin
Mesa milkvetch is withdrawn on
February 2, 2022.
ADDRESSES: Relevant documents used in
the preparation of this withdrawal are
available on the internet at https://
www.regulations.gov at Docket No.
FWS–R6–ES–2018–0055.
FOR FURTHER INFORMATION CONTACT: Ann
Timberman, Western Colorado Field
Supervisor, U.S. Fish and Wildlife
Service, Colorado Ecological Services
Office, 445 West Gunnison Ave., Suite
240, Grand Junction, CO 81501;
telephone 970–243–2778. Persons who
use a telecommunications device for the
deaf may call the Federal Relay Service
at 800–877–8339.
SUPPLEMENTARY INFORMATION:
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Sfmt 4702
*
*
[EPA–R07–OAR–2021–
0913; FRL–9351–01–
R7].
prior to 2020. The September 17, 2020,
proposed rule had a 60-day comment
period, ending November 16, 2020.
During this public comment period, we
invited the public to comment on the
proposed rule in light of draft
conservation plans for the species from
Mesa Verde National Park (Park) and the
Ute Mountain Ute Tribe. Since
publication of the proposed rule, the
Park provided supplemental
information to their plan that allowed
the Service to conclude the plan is
sufficiently certain to be implemented
and effective, and we consider this in
making our final listing determination,
in accordance with the Policy for
Evaluation of Conservation Efforts
When Making Listing Decisions (PECE)
(68 FR 15100; March 28, 2003).
Supporting Documents
Prior to publishing the proposed
listing rule (85 FR 58224; September 17,
2020), we conducted a species status
assessment (SSA) for the Chapin Mesa
milkvetch, with input and information
provided by the Park, the Colorado
Natural Heritage Program, and the Ute
Mountain Ute Tribe. The results of this
assessment are summarized in an SSA
report, which represents a compilation
of the best scientific and commercial
data available concerning the status of
the species, including the past, present,
and future stressors to this species
(Service 2021a, entire). Additionally,
the SSA report contains our analysis of
required habitat and the existing
conditions of that habitat. After
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[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Proposed Rules]
[Pages 5761-5767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01500]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0913; FRL-9351-01-R7]
Air Plan Approval; State of Missouri; Revised Plan for 1978 and
2008 Lead NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to take
action to approve the State of Missouri's request to remove its State
Implementation Plan (SIP) for maintaining the 1978 Lead National
Ambient Air Quality Standards (NAAQS) in portions of Iron County,
Missouri, surrounding the former Glover smelter, and replace the
maintenance plan with a plan for continued attainment of the 2008 Lead
NAAQS. Missouri has entered into a Consent Agreement with the
facility's current owner, the Doe Run Company (Doe Run), and has
submitted the Consent Agreement for approval into the SIP along with a
plan demonstrating continued attainment of the 2008 Lead NAAQS in the
area. The EPA's proposed approval of the request is based on the
determination that the area continues to meet the 1978 and 2008 Lead
NAAQS and that the plan provides additional protections to air quality
regardless of ownership and/or operational status of the Glover
facility.
DATES: Comments must be received on or before March 4, 2022.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0913 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Ms. Stephanie Doolan, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, KS 66219 at (913) 551-7719 or by email at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. Background for the EPA's Proposed Action
III. Missouri's Submission
IV. The EPA's Analysis of the State's Request
1. Air Monitoring Demonstrates Attainment of the 2008 Lead NAAQS
2. Demonstration that the Plan will Protect the 2008 Lead NAAQS
3. Verification of Continued Attainment
4. Deconstruction or Demolition of Remaining Structures
5. Other Differences Between the 2004 Maintenance Plan and 2003
Settlement Agreement and the 2020 Plan and 2020 Consent Agreement
V. Requirements for Approval of a SIP Revision
VI. The EPA's Proposed Action
VII. Incorporation by Reference
VIII. Environmental Justice Concerns
IX. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
0913, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not
[[Page 5762]]
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
II. Background for the EPA's Proposed Action
American Smelting and Refining Company Incorporated (ASARCO)
constructed the Glover facility in 1968 prior to the Clean Air Act
(CAA) and any associated permitting or air pollution control
requirements. In 1978, the EPA promulgated a national ambient air
quality standard (NAAQS) for lead of 1.5 micrograms per cubic meter
([mu]g/m\3\) averaged over a calendar quarter (43 FR 46246, October 5,
1978). To comply with the 1978 standard, in 1980 the state submitted
its attainment plan which was approved by EPA into the Missouri State
Implementation Plan (SIP) (46 FR 23412, April 27, 1981). The area
surrounding the facility was subsequently designated as nonattainment
for the 1978 Lead NAAQS on November 6, 1991 (56 FR 56694). On August
14, 1996, Missouri submitted a second attainment plan for the area that
was approved by EPA into Missouri's SIP (62 FR 9970, March 5, 1997). On
August 30, 1998, the Doe Run Company (Doe Run) acquired all ASARCO's
Missouri lead interests including the Glover facility. The transfer of
ownership was approved into the Missouri SIP on April 16, 2002, in a
SIP approval action that primarily pertains to the Herculaneum primary
lead smelter (67 FR 18497). On October 29, 2004, the EPA redesignated
the area surrounding the Glover facility to attainment of the 1978 Lead
NAAQS and approved the maintenance plan for ensuring continued
maintenance of the standard (69 FR 63072). As part of the 2004
maintenance plan approval, the EPA approved the Settlement Agreement
between Missouri and Doe Run, dated October 31, 2003, into the SIP.
Doe Run ceased smelting operations at the facility in November
2003. Subsequent to ceasing operations, monitors recorded 3-month
rolling calendar quarter average lead concentrations in the area that
were continuously below 0.15 [mu]g/m\3\, the level of the 2008 Lead
NAAQS. Because the lead concentrations monitored in ambient air were
less than the 2008 Lead NAAQS level, EPA designated the area as
unclassifiable/attainment for that NAAQS (75 FR 71033, November 21,
2010).
In 2013, Doe Run initiated demolition of buildings and other
structures at the facility. During these activities, ambient air
monitors in the Glover area violated the 2008 Lead NAAQS. Doe Run
ceased these activities temporarily to implement more stringent dust
control measures before resuming demolition. There were no subsequent
violations of the 2008 Lead NAAQS.
In its October 7, 2020 SIP revision request, Missouri reports that
as of December 2019, most of the deconstruction and removal activities
at the Glover facility are complete. Doe Run demolished the sinter
plant and associated baghouses; removed the furnaces, feed conveyors,
kettles and casting line; and capped and vegetated the ASARCO slag
pile. In its October 7, 2020 SIP revision request, Missouri also
reports that Doe Run has filed closure plans for the Glover facility
with Missouri's Land Reclamation Program. In January 2018, the Land
Reclamation Program approved Doe Run's Metallic Minerals Waste
Management Closure Plan for the Glover facility. Two stacks still stand
on the premises. Additionally, the unloading building is still in use
as a lead concentrate storage and transfer station.
III. Missouri's Submission
On October 7, 2020, Missouri submitted a request to strengthen the
SIP by replacing its maintenance plan and associated Consent Agreement
for the 1978 Lead NAAQS for the former Doe Run Glover lead smelter in
Iron County, Missouri, with a plan for continued attainment of the 2008
Lead NAAQS (hereinafter ``2020 Plan''). Missouri's request includes a
June 6, 2020 Consent Agreement between Missouri and Doe Run
(hereinafter ``2020 Consent Agreement'') as a replacement for the 2003
Settlement Agreement. The 2020 Consent Agreement restricts lead
emitting activities, requires fugitive emissions controls and
contingency measures, and applies to current and future owners of the
facility. Once incorporated into the SIP, any change to the 2020
Consent Agreement would require a SIP revision and accompanying
determination by the EPA that the revision remains at least as
protective as the current agreement under the CAA before the changes
could take effect.
As discussed in section II, the maintenance plan for the facility
approved by the EPA in 2004 and its federally enforceable Settlement
Agreement contain emission controls and contingency measures based on
the facility's operation as a lead smelter. The 2004 maintenance plan
and 2003 Settlement Agreement no longer represent the types of controls
and contingency measures necessary to ensure the control of fugitive
lead containing dust and to secure the facility against re-entrainment
due to future demolition of on-site structures and/or disturbance of
lead-contaminated soil that may cause a violation of the lead standard.
For these reasons, Missouri and Doe Run executed the 2020 Consent
Agreement that updates the emissions controls to work practice
standards for the control of fugitive lead-contaminated dust, revises
the contingency measures to be implemented in the event of a future
violation to include fugitive dust controls that can be immediately
implemented, and makes the controls and contingency measures applicable
and binding on any future property owner and/or operator. The 2020
Consent Agreement contains provisions for restarting ambient air
monitoring should conditions at the facility change and pose a
potential for a future 2008 Lead NAAQS violation.
Section IV describes the EPA's analysis of Missouri's submission
and rationale for its proposed approval demonstrating how the 2020 plan
and 2020 Consent Agreement meet the general SIP submission requirements
for approval pursuant section 110 of the CAA and specifically the
requirements of section 110(l) which are described below.
IV. The EPA's Analysis of the State's Request
As discussed above, the EPA's action to redesignate the area under
the 1978 Lead NAAQS also contained EPA's approval of a maintenance plan
to ensure that the area continues to attain the 1978 Lead NAAQS. On
November 12, 2008, the EPA promulgated the 2008 Lead NAAQS and stated
that the 1978 Lead NAAQS would continue to apply for a period of one
year following the effective date of designations, except that for
areas in nonattainment of the 1978 Lead NAAQS that standard would
continue to be in effect until EPA approved a SIP for the 2008 Lead
NAAQS (73 FR 66964, 67043). As explained above, EPA redesignated the
Glover area to attainment of the 1978 Lead NAAQS on October 29, 2004.
Thus, the 1978 Lead NAAQS was revoked for the Glover area one year
following its attainment designation for the 2008 Lead NAAQS. While the
1978 Lead NAAQS was revoked for the Glover area, the 1978 Lead NAAQS
[[Page 5763]]
maintenance plan for the Glover area remained part of Missouri's SIP.
The state has requested that the EPA approve the October 7, 2020
submittal as a replacement for the SIP-approved maintenance plan for
the 1978 Lead NAAQS and the 2020 Consent Agreement as a replacement for
the 2004 Settlement Agreement.\1\ The EPA is evaluating the request to
ensure the request satisfies the requirement of section 110(l) of the
CAA that the plan revision not interfere with any applicable
requirement concerning attainment, reasonable further progress or any
other applicable CAA requirement. The following paragraphs present the
EPA's analysis of how the state's plan meets the requirements of CAA
section 110(l).
---------------------------------------------------------------------------
\1\ Because the Glover Area was designated as an unclassifiable/
attainment area for the 2008 Lead NAAQS, Missouri is not required to
submit a plan for attaining the 2008 Lead NAAQS. See 75 FR 71033,
November 22, 2010. While Missouri's submittal is entitled ``Plan for
Continued Attainment of the 2008 Lead Standard in Liberty and
Arcadia Townships in Iron County Doe Run--Glover Facility'', the
plan is not an attainment plan subject to the requirements of
section 172 of the CAA or a maintenance plan subject to the
requirements of section 175A of the CAA.
---------------------------------------------------------------------------
1. Air Monitoring Demonstrates Attainment of the 2008 Lead NAAQS
The State of Missouri operated a State and Local Air Monitoring
Stations (SLAMS) ambient air monitor for lead for the Glover
nonattainment area to demonstrate attainment of the 1978 Lead NAAQS.
The data from this monitor were also used to designate the Glover area
as unclassifiable/attainment for the 2008 Lead NAAQS. From January 2014
to May 2019, ambient air monitors recorded data that was below the
level of the 2008 Lead NAAQS. The maximum annual three-month rolling
average lead concentration for 2018 for the monitor operated by
Missouri is 0.02 [micro]g/m\3\.
In its 2018 Monitoring Network Plan, Missouri requested to cease
operating its ambient lead monitor downwind from the Glover facility on
the basis that the monitor met the regulatory requirements for monitor
shutdown of 40 CFR 58.14(c), namely that the area has shown attainment
of the lead standard for the previous five years and that the
probability that 80 percent of the standard will be exceeded is less
than 10 percent. In an approval letter dated April 19, 2019, EPA
approved Missouri's request noting that EPA may require monitoring to
be restarted in the future if a change in the facility status occurs
(such as demolition, site cleanup or construction) that could result in
increased re-entrainment of lead dust.\2\ Missouri discontinued
sampling at the site in May 2019.
---------------------------------------------------------------------------
\2\ The April 19, 2019 EPA approval letter of Missouri's 2018
monitoring network plan is included in the docket for this action.
---------------------------------------------------------------------------
Doe Run currently operates two air monitors for lead in the area
classified as non-ambient industrial source monitors. The sites are
named the Glover Post Office Site and the Glover Big Creek Site. These
air monitors also have not recorded violations of the 2008 Lead NAAQS
since the violation that occurred during the 2013 demolition
activities. The 2020 Consent Agreement states that Doe Run shall
continue monitoring for airborne lead at the Glover Post Office site
and the Glover Big Creek site until EPA approves the 2020 Plan and 2020
Consent Agreement into the Missouri SIP.
The 2020 Consent Agreement provides a process for resumption of
monitoring should certain lead-emitting activities resume at the
facility. Through this action, the EPA is proposing to allow Doe Run to
discontinue sampling at these two monitoring sites per the 2020 Consent
Agreement based on EPA's determination that historical monitoring
demonstrates that air quality in the area will remain in compliance
with the 2008 Lead NAAQS based upon the facility operations allowed by
the 2020 Consent Agreement.
2. Demonstration That the Plan Will Protect the 2008 Lead NAAQS
Missouri has demonstrated the continued attainment of the standard
through fugitive emission controls and work practice standards that
have been verified by the ongoing attainment of the 2008 Lead NAAQS at
the ambient air monitor. The 2008 Lead NAAQS, 0.15 [mu]g/m\3\ averaged
over a rolling calendar quarter, is more stringent than the 1978 Lead
NAAQS, 1.5 [mu]g/m\3\ averaged over a calendar quarter. The activities
at the facility are limited under paragraph 1.A of the 2020 Consent
Agreement to handling and storage of lead concentrate material. Under
paragraph 1.A Doe Run shall not resume or recommence any lead smelting,
refining, molding, casting, or any other activity at the Glover
facility that will result in production-related lead emissions without
Missouri's written approval.
Other requirements from the 2020 Plan and 2020 Consent Agreement
between Missouri and Doe Run (and its successors) include continued
operation of a vehicle wash station, street cleaning, road sprinkler
systems, and the requirement to maintain the fence line surrounding the
facility to preclude public access.
Paragraph 1.B. of the 2020 Consent Agreement requires Doe Run to
continue to operate a vehicle wash station designed to wash a vehicle's
undercarriage, sides, backs and tailgates, tires, and wheels. Every
vehicle leaving the Glover facility after loading or unloading
concentrate or lead-bearing materials must be washed in the wash
station prior to exiting the facility. The vehicle wash requirement was
a contingency measure in the 2004 maintenance plan; whereas, it is a
requirement of the 2020 Consent Agreement.
Paragraph 1.C. of the 2020 Consent Agreement requires Doe Run to
continue to conduct street cleaning using a regenerative air sweeper or
a device of comparable efficiency. Street cleaning will continue for
all interior roads traveled by trucks transporting concentrate or lead-
bearing material trucks from the loading or unloading area to the wash
station at least once each week that loading or unloading occurs.
During periods when freezing temperatures may form snow, ice or
hazardous conditions, street cleaning operations may be suspended. This
requirement differs from the 2004 maintenance plan only in that Doe Run
was previously required to conduct street cleaning once per day; the
2020 Consent Agreement requires street cleaning once per week. The 2004
maintenance plan requirement was based on the assumption that the
facility would continue to operate as a lead smelter. Since November
2003 the facility has been used to store lead concentrate, a process
that emits less lead, reducing the frequency of street cleaning will
remain protective of the NAAQS.
Paragraph 1.D., of the 2020 Consent Agreement requires Doe Run to
continue operating its sprinkler system to reduce lead emissions from
transportation activities within the Glover Facility. The sprinkler
system shall be operated for truck haul routes when there are 10 or
more trucks carrying concentrate or lead-bearing material that have
loaded or unloaded at the facility on any calendar day, except on days
when there is precipitation or the ambient temperature is less than 39
degrees Fahrenheit. The 2020 Consent Agreement requirements to operate
the sprinkler system are the same as the 2003 Settlement Agreement
except that the Work Practice Manual containing these requirements was
an attachment to the 2003 Agreement, while the requirements of the
sprinkler system operations are included within
[[Page 5764]]
paragraph 1.D of the 2020 Consent Agreement. The 2020 Consent Agreement
also provides Missouri the authority to request Doe Run to develop a
new work practice manual or standard operating procedures for the
sprinkler system that ensures these minimum requirements are met.
All deliveries of concentrate shall unload only at the unloading
building per paragraph 1.E. of the 2020 Consent Agreement. The siding,
roll-up doors, and roof monitor enclosure of this building shall be
maintained to minimize fugitive emissions of lead containing dust. Doe
Run shall repair or cover any hole, rip, or tear in the siding or roll-
up doors that are larger than one foot (12 inches) in any dimension
within 24 hours after discovery. Doe Run must ensure all personnel
access and roll-up doors remain closed except as needed for employees
or vehicles to enter or exit the building. At least weekly during
loading or unloading activity, Doe Run shall inspect all doors, siding,
and openings to ensure compliance and maintain a record documenting
compliance with Paragraphs 1.D. and 1.E. The 2020 Consent Agreement
requirements are more specific about the inspection for leaks and the
requirements to address them than the 2003 Settlement Agreement.
Per paragraph 1.H. of the 2020 Consent Agreement Doe Run shall
continue to maintain a fence that precludes public access to the
general Glover Facility area. The minimum fence line Doe Run shall
maintain is identified in Appendix A of the 2020 Consent Agreement. The
purpose of the fence line is to maintain a distinction between ambient
and non-ambient air to prevent public access to the area. The 2020
Consent Agreement requires Doe Run or its successor to continue to
maintain the fence line until Missouri determines in writing that all
closure and remediation activities in the area surrounding the Glover
facility are complete. The 2020 Consent Agreement is more specific in
requiring any successor(s) to maintain the fencing until the
remediation is complete to prevent public access to lead contaminated
areas.
3. Verification of Continued Attainment
The state has the legal authority to enforce and implement the
requirements of the 2020 Consent Agreement to ensure ongoing attainment
of the 2008 Lead NAAQS, which will be permanent and enforceable upon
approval into Missouri's SIP.
The state commits in its 2020 plan to ensure that Doe Run or its
successor will continue to operate the facility only for lead
concentrate transport and storage under the emission controls described
above. If facility operations change, Doe Run or its successor is
required to follow the requirements of paragraph 1.G of the 2020
Consent Agreement for deconstruction or demolition activities described
in the next section. The limitations on future deconstruction or
demolition activities at the facility is not included in the 2004 plan
or 2003 Settlement Agreement; these documents were written with the
expectation that the facility would continue to operate as a lead
smelter; the 2020 Consent Agreement is more comprehensive as it
addresses deconstruction and demolition activities.
4. Deconstruction or Demolition of Remaining Structures
If any demolition or deconstruction is planned at the facility by
Doe Run or its successors for the remaining structures at the Glover
Facility, per paragraph 1.G of the 2020 Consent Agreement, Doe Run or
its successor shall notify Missouri's Air Director. Concurrent with its
notification, Doe Run shall either:
a. Submit to the Missouri Air Director a plan for fugitive dust
control related to such activities and a schedule for restarting air
lead monitoring at the Glover Post Office and Glover Big Creek
monitoring sites under the approved Quality Assurance Project Plan for
Ambient Air Quality Monitoring for the Lead Monitoring Network at the
Doe Run Company Glover Division, Version 2.0, December 2019; or
b. Submit to the Missouri Air Director a plan for fugitive dust
control prior to the commencement of demolition or deconstruction
activities, and if requested, include a new plan and schedule for new
temporary monitoring sites at locations other than the Glover Post
Office and Glover Big Creek monitoring sites and an accompanying
Quality Assurance Project Plan (QAPP) for any such sites.
For either option listed above, monitoring will be conducted every
other day starting a minimum of five calendar days in advance of the
demolition or deconstruction activities and must continue for a minimum
of three months following the completion of the activities.
If Doe Run restarts monitoring or installs new temporary monitors
pursuant paragraph 1.G of the 2020 Consent Agreement, the following
shall apply:
a. If an air monitor measures any of the following concentrations
of lead in the air, Doe Run shall cease the activities that led to the
high concentrations as expediently as practicable:
1. A 24-hour average concentration of 1.5 [mu]g/m\3\ or higher;
2. two consecutive measurements where the average concentration of
the two days is 0.5 [mu]g/m\3\ or higher;
3. four consecutive measurements where the average concentration of
the four days is 0.25 [mu]g/m\3\ or higher;
4. 15 consecutive measurements where the average concentration of
the 15 days is 0.15 [mu]g/m\3\ or higher.
b. Doe Run shall notify Missouri's Air Director in writing within
seven calendar days after the day in which the measured lead
concentration triggered an exceedance of any of these levels. The
notification shall include all measured lead concentrations that
contributed to the exceedance, an explanation of the activities that
led to the exceedance, and the steps Doe Run took to cease such
activities as expediently as practicable.
c. Following an exceedance of any of the levels Missouri has
established listed above in subparagraph 5.a., Doe Run must submit an
updated dust control plan and obtain Missouri's approval before
resuming on-site activities. At a minimum, any such update to the dust
control plan must consider measures to control lead containing dust
including the use of water mister-type dust control devices,
installation of temporary physical barriers around the activity site to
block fugitive dust emissions, increased road washing and sweeping, and
intensive washing of interiors of structures subject to demolition or
deconstruction.
The fugitive dust controls and lead monitoring requirements listed
above are necessary in the event that the facility use changes from its
current status as a lead concentrate transportation and storage
facility and Doe Run or its successor initiates on-site activities that
would disturb lead containing dust, such as demolition or
deconstruction. If Doe Run is required to resume air monitoring based
upon a change in activities at the facility and the area violates the
NAAQS, the 2020 Consent Agreement specifies steps to be taken to
control the lead containing dust and return the area to compliance with
the standard. The 2003 Settlement Agreement does not address
deconstruction or demolition activities.
5. Other Differences Between the 2004 Maintenance Plan and 2003
Settlement Agreement and the 2020 Plan and 2020 Consent Agreement
Since the Glover facility no longer smelts lead, Missouri did not
include
[[Page 5765]]
items specific to Doe Run's former smelter operations from the 2004
maintenance plan and 2003 Settlement Agreement to the 2020 Plan and
2020 Consent Agreement. These items are listed below:
Requirements for the operation of the former Sinter Plant
and Blast Furnace;
Limits on stack emissions for lead;
Limits on hours of operation; and
Weight limits for how much lead may be produced.
The previous contingency measures were also not carried forward
because they were focused on the lead smelting process, such as
lowering stack lead emission limits, increasing the Sinter baghouse
efficiency, and modification of the refinery skims handling procedures.
The implementation of a vehicle wash station was a previous contingency
measure that was implemented and carried forward as a requirement of
the 2020 Consent Agreement. Expansion of the sprinkler system use was a
previous contingency measure that was modified in the 2020 Consent
Agreement by making the sprinkler system a requirement for specific
haul roads, under dry conditions with temperatures greater than 39
degrees Fahrenheit and when 10 or more trucks will be loaded or
unloaded on a given day.
As discussed in this section, lead emissions are not expected to
increase provided that activities remain the same and Doe Run (and any
future owner) complies with the requirements of the 2020 Consent
Agreement. In the case that activities at the facility do change, the
2020 Consent Agreement provides a process for resumption of monitoring
should certain lead-emitting activities resume at the facility. This
requirement to resume monitoring provides an additional measure to
ensure continued attainment of both the 1978 NAAQS and the 2008 NAAQS.
For the reasons explained in this section, the EPA proposes to find
that approval of the 2020 plan and 2020 Consent Agreement replacing the
2004 plan and 2003 Settlement Agreement will not interfere with
attainment or maintenance of the NAAQS, and thus satisfies CAA section
110(l). Additionally, the EPA proposes to approve the 2020 plan and
2020 Consent Agreement into Missouri's SIP because they include
controls and contingency measures that will ensure protection of the
2008 Lead NAAQS under the current and future operating status of the
facility.
V. Requirements for Approval of a SIP Revision
Pursuant to section 110(l) of the CAA, any SIP revision must ensure
that it does not interfere with attainment or reasonable further
progress towards attainment for any NAAQS, or with any other applicable
requirement of the Act. For the reasons explained above, the EPA
proposes to find Missouri's 2020 plan and 2020 Consent Agreement, as
submitted to the EPA on October 7, 2020, as a replacement to the 2004
plan and 2003 Settlement Agreement, does not interfere with attainment
or maintenance of the NAAQS, and thus satisfies CAA section 110(l). If
future activities include demolition or deconstruction of any of the
remaining structures, the 2020 Plan and 2020 Consent Agreement provide
for re-instating air monitors to ensure that deconstruction or
demolition of the facility, activities that are known to re-entrain
lead dust, do not lead to violations of the 2008 Lead NAAQS, and
thereby protect human health and the environment. All the requirements
of the 2020 Consent Agreement are also imposed on Doe Run's successors
in the event of a future property transaction.
Further, the State submission has met the public notice
requirements for SIP submissions in accordance with 40 CFR 51.102. The
submission also satisfied the completeness criteria of 40 CFR part 51,
appendix V. The State provided public notice on this SIP revision from
June 30, 2020 to August 6, 2020. A public hearing was held by the
Missouri Air Conservation Commission (MACC) on July 30, 2020 before
approval of the SIP revision request and submittal to EPA. No comments
were received. In addition, as explained above in the analysis of the
state's submittal, the proposed SIP revision meets the substantive
requirements of the CAA, including section 110 of the CAA and
implementing regulations.
VI. The EPA's Proposed Action
The EPA is proposing to approve Missouri's request to strengthen
the State Implementation Plan (SIP) by removing its maintenance plan
and associated Consent Agreement for the 1978 Lead NAAQS for the former
Doe Run Glover lead smelter in Iron County, Missouri, and replacing it
with a plan for continued attainment of the 2008 Lead NAAQS and a new
Consent Agreement. On October 29, 2004, the area surrounding the Glover
facility was redesignated to attainment for the 1978 lead NAAQS, which
is 1.5 micrograms per cubic meter ([micro]g/m\3\) averaged over a
calendar quarter (69 FR 63072). On October 7, 2020, the state submitted
a request to replace the maintenance plan to ensure that the area
continues to maintain the 2008 Lead NAAQS, for which the area was
designated unclassifiable/attainment in 2010. The 2008 Lead NAAQS
replaced the 1978 NAAQS and is 0.15 [micro]g/m\3\ averaged over a
rolling calendar quarter. Based on EPA's review of the state's
submittal which is described in detail in the previous sections, EPA
proposes to approve Missouri's request. Missouri's request includes a
2020 Consent Agreement that restricts lead emitting activities,
requires fugitive emissions controls and contingency measures, and
applies to current and future owners of the facility. Once incorporated
into the SIP, any change to the agreement would require a SIP revision
and accompanying determination by EPA that the revision remains at
least as protective as the current agreement under the CAA before the
changes could take effect.
VII. Incorporation by Reference
In this document, the EPA is proposing to approve regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is proposing the incorporation by
reference of the Missouri Source-Specific Orders described as follows:
The Doe Run Glover Facility Consent Agreement, APCP-2020-002, dated
February 2, 2020, replaces the Doe Run Lead Smelter (Glover, MO)
Settlement Agreement, dated October 31, 2003 (approved by EPA on
October 29, 2004). The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 7 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
Therefore, these materials will be approved by the EPA for
inclusion in the State implementation plan, will be incorporated by
reference by EPA into that plan, and will be fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of the EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\3\
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
Also, in this document, as described in the amendments to 40 CFR
part 52 set forth below, the EPA is removing provisions of the EPA-
Approved Missouri Source-Specific Permits and Orders from the Missouri
State Implementation Plan, which is
[[Page 5766]]
incorporated by reference in accordance with the requirements of 1 CFR
part 51.
VIII. Environmental Justice Concerns
When the EPA establishes a new or revised NAAQS, the CAA requires
the EPA to designate all areas of the U.S. as either nonattainment,
attainment, or unclassifiable. Area designations address environmental
justice concerns by ensuring that the public is properly informed about
the air quality in an area. If an area is designated nonattainment of
the NAAQS, the CAA provides for the EPA to redesignate the area to
attainment upon a demonstration by the state authority that the
criteria for a redesignation are met, including a showing that air
quality is attaining the NAAQS and will continue to maintain the NAAQS
in order to ensure that all those residing, working, attending school,
or otherwise present in those areas are protected, regardless of
minority and economic status.
The EPA utilized the EJSCREEN tool to evaluate environmental and
demographic indicators within the area. The tool outputs are contained
in the docket for this action. The results indicate there are
vulnerable populations in the area such as low-income individuals.
This action addresses a plan for continued attainment of the 2008
Lead NAAQS for the Glover, Missouri area. As discussed in this
document, Missouri has demonstrated that the air quality in the Glover
area is attaining the 2008 Lead NAAQS and will ensure continued
attainment of the NAAQS. The 2020 Plan and 2020 Consent Agreement are
as protective or more protective of vulnerable populations in the area
than the 2004 maintenance plan and 2003 Settlement Agreement because
they include broader provisions for the activities, including
deconstruction and demolition, that are most likely to cause a future
NAAQS violation. For these reasons, this proposed action does not
result in disproportionately high and adverse human health or
environmental effects on minority populations, low-income populations
and/or indigenous peoples.
IX. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
This action does not have disproportionately high and
adverse human health or environmental effects on minority populations,
low-income populations and/or indigenous peoples, as specified in
Executive Order 12898 (59 FR 7629, February 16, 1994). The basis for
this determination is contained in section VIII of this action,
``Environmental Justice Concerns.''
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, and Lead.
Dated: January 20, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. Remove and reserve paragraph (d)(22) and add paragraph (d)(34); and
0
b. Remove and reserve paragraph (e)(49) and add paragraph (e)(81).
The revisions and additions read as follows:
Sec. 52.1230 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
State
Name of source Order/permit number effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(22) Reserved
[[Page 5767]]
* * * * * * *
(34) Doe Run Glover Facility..... Consent Agreement, 6/2/2020 [Date of publication
APCP-2020-002. of the final rule
in the Federal
Register], [Federal
Register citation
of the final rule].
----------------------------------------------------------------------------------------------------------------
(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(49) Reserved
* * * * * * *
(81) Glover Lead Plan for Iron County (part) 10/7/2020 [Date of publication [EPA-R07-OAR-2021-09
Continued Attainment of the 2008 within boundaries of the final rule 13; FRL-9351-01-
Lead NAAQS. of Liberty and in the Federal R7].
Arcadia Townships. Register], [Federal
Register citation
of the final rule].
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[FR Doc. 2022-01500 Filed 2-1-22; 8:45 am]
BILLING CODE 6560-50-P
