[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]
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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.
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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).
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\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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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.
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\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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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\
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\3\ 62 FR 27968 (May 22, 1997).
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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