Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes: Minnesota

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[MN25-1-6002a, MN-1-6093a; FRL-5083-2]

Approval and Promulgation of Implementation Plans and Designation

of Areas for Air Quality Planning Purposes: Minnesota

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: On June 22, 1993, the Minnesota Pollution Control Agency

(MPCA) submitted a State Implementation Plan (SIP) revision and request

for redesignation from nonattainment to attainment to the United States

Environmental Protection Agency (USEPA). This submittal was in response

to a designation to nonattainment, effective January 6, 1992, for an

area in Dakota County, Minnesota. The MPCA submittal consisted of an

administrative order for the Gopher Smelting and Refining Company, a

secondary lead smelter located in Eagan, Minnesota. The submittal also

contained technical support information in the form of air dispersion

modeling an ambient air monitoring data. The proposed SIP revision and

request for redesignation was submitted to satisfy the requirements of

the Clean Air Act (CAA). A letter, identifying specific issues

pertaining to the proposed SIP revision, was sent to the MPCA on April

8, 1994. In response to those issues, the MPCA amended the original

administrative order and has submitted it to USEPA. In this action,

USEPA is granting direct final approval of the SIP revision and

redesignation requests.

DATES: This final rule is effective December 19, 1994 unless notice is

received by November 17, 1994, that someone wishes to submit adverse or

critical comments. If the effective date is delayed, timely notice will

be published in the Federal Register.

.ADDRESSES: Written comments should be addressed to: William L.

MacDowell, Chief, Regulation Development Section, Air Enforcement

Branch (AE-17J), United States Environmental Protection Agency, 77 West

Jackson Boulevard, Chicago, Illinois 60604.

Copies of the State submittal and USEPA's analysis are available

for public inspection during normal business hours at the following

address: United States Environmental Protection Agency, Region 5, Air

and Radiation Division, 77 West Jackson Boulevard (AE-17J), Chicago,

Illinois 60604; and Air Docket (6102), United States Environmental

Protection Agency, 401 M Street SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Randy Robinson, Air Enforcement

Branch, Regulation Development Section (AE-17J), United States

Environmental Protection, Region 5, Chicago, Illinois 60604, (312) 353-

6713.

SUPPLEMENTARY INFORMATION:

I. Summary of State Submittal

On November 6, 1991, USEPA, in accordance with the Clean Air Act

(CAA), title I, section 107(d)(3), designated an area in Dakota County,

Minnesota as nonattainment for the primary and secondary National

Ambient Air Quality Standards (NAAQS) for lead of 1.5 micrograms per

cubic meter (g/m\3\). The nonattainment area is bounded by

Lone Oak Road (County Road 26) to the north, County Road 63 to the

east, Westcott Road to the south, and Lexington Avenue (County Road 43)

to the west. The basis for the nonattainment designation was monitored

violations of the NAAQS. The major lead source in the area is the

Gopher Smelting and Refining Company (Gopher Smelting), located in

Eagan, Minnesota. As a result of this nonattainment designation, the

State of Minnesota was required to submit to the USEPA a revised SIP

for the area within 18 months from January 6, 1992, which was the

effective date of the redesignation.

The State submitted to USEPA, a SIP revision and a request for

redesignation to attainment, dated June 22, 1993. The submittal was

determined to be complete, in accordance with the requirements found in

40 CFR part 51, appendix V, on September 1, 1993. The submittal

consisted of an administrative order which includes specific

information pertaining to emission limits and operating restrictions,

compliance demonstrations, and recording/reporting requirements. In

addition, the submittal contained technical support pertaining to the

attainment demonstration and ambient air monitoring data. Initial

review of the proposed SIP revision identified several issues which

needed to be addressed by the State before the revision could be

approved. The issues were detailed in an April 8, 1994, letter from

George Czerniak, Chief, Air Enforcement Branch, USEPA, to David

Thornton, Administrator, Program Development and Air Analysis Section,

MPCA. The issues involved clarification of language pertaining to

source descriptions and sweeping requirements and additional

information regarding negative pressure testing methodology and stack

testing conditions. The issues identified in the April 8, 1994, letter

were adequately addressed by the State and an amended administrative

order, dated September 13, 1994, was submitted to USEPA. The remainder

of this rulemaking summarizes USEPA's review of the Minnesota lead SIP

revision package, followed by a review of the request for

redesignation, and then the final rulemaking action.

II. Analysis of SIP Revision Submittal

The State SIP revision submittal consisted of four major sections:

(1) The completeness review material; (2) the SIP revision request

providing background information and citing statutory requirements; (3)

materials from the MPCA including the administrative order issued to

Gopher Smelting and Refining Company and public hearing material; and

(4) technical information supporting the attainment demonstration. This

section will discuss the modeling analysis of the attainment

demonstration, provisions of the administrative order, and whether the

submittal meets the requirements of sections 172(c), 191, and 192, of

the CAA. Section 172(c), pertaining to nonattainment plan provisions,

and sections 191 and 192 pertaining to lead nonattainment plan

deadlines and attainment dates.

Administrative Order Provisions

The administrative order submitted by MPCA on June 22, 1993, was

amended, pursuant to comments by USEPA, on September 13, 1994. The

comments were identified in a previous section. The following analysis

refers to the amended administrative order.

Emission Limits and Operating Restrictions

Gopher Smelting emits lead through two stacks: Emission points 1

and 3. Emissions point 1 is limited to no more than 7000 micrograms of

lead per dry standard cubic meter (g/dscm) (0.00306 grains per

dry standard cubic foot); emission point 3 is limited to no more than

5720 g/dscm (0.00250 grains per dry standard cubic foot). In

addition, emission points 1 and 3 are subject to a 5 percent opacity

limit.

The Gopher Smelting facility is also subject to numerous operating

restrictions. These restrictions are designed to control fugitives from

building openings, reentrained traffic dust, and wind erosion.

Additionally, Gopher Smelting must store slag material inside the

facility building and must apply water as a suppressant when the

material is transported. Gopher Smelting must store other raw material

inside the facility building. Further operating restrictions affect the

maintenance of air pollution control equipment.

Compliance Demonstration

Gopher Smelting must demonstrate compliance with the emission

limits and operating restrictions by annual stack tests and opacity

tests, negative pressure testing, inspections, and recordkeeping.

Gopher Smelting will demonstrate compliance with the operating

restrictions to control fugitives through negative pressure testing and

mandatory monthly inspections of vegetative cover and railway ballast

and pavement to insure cover is continuous. Additionally, the

administrative order requires regularly scheduled inspections and

maintenance of control monitoring equipment and property access

restrictions.

Reporting

Pursuant to the administrative order, the Company is required to

report the results of any performance stack test as well as report each

shutdown or breakdown of any control equipment or process equipment if

that process equipment shutdown causes increased lead emissions.

Contingency Measures

Section 172(c)(9) of the Clean Air Act defines contingency measures

as measures in a SIP which are to be implemented if an area fails to

make reasonable further progress or to attain the NAAQS by the

applicable attainment date. These measures should become effective

without further action by the State or the Administrator and should

consist of available control measures that are not included in the

primary control strategy.

The administrative order contains contingency measures which shall

be implemented by the Company within 30 days following notification by

the MPCA or USEPA. Since the submittal provides for immediate

attainment, it therefore satisfies reasonable further progress

requirements. Implementation of the contingency measures would result

from a finding that the area has failed to attain the NAAQS. The

measures consist of increased frequency (twice daily) sweeping with a

vacuum equipped road sweeper over areas that are normally daily swept

and daily sweeping with a vacuum sweeper over areas that are normally

swept on a weekly basis.

Modeling Analysis

In order to demonstrate that the limits and restrictions imposed by

the administrative order are sufficient to demonstrate attainment of

the National Ambient Air Quality Standards (NAAQS) for lead, air

dispersion modeling must be conducted. The dispersion modeling

accompanying this submittal was performed using the Industrial Source

Complex--Long Term (ISCLT2) model, version 92062. The modeling

methodology used was compared against the guidance contained in the

``Guideline on Air Quality Models (Revised)''; July 1986, including

Supplement A.

The Gopher Smelting and Refining Company facility is located just

south of St. Paul in Eagan, Minnesota. The modeling analysis used five

years (1985 through 1989) of surface meteorological data from the

Minneapolis/St. Paul National Weather Service station, and upper air

data from the St. Cloud, Minnesota, National Weather Service station.

The data sets are representative of the meteorological conditions at

Gopher Smelting.

The process sources at Gopher Smelting which discharge lead into

the atmosphere are: Two reverberatory furnaces, a blast furnace, six

refining kettles, a flue dust agglomeration furnace, a scrap dryer for

the feed desulfurization system, and the central vacuum system.

Fugitive emissions are also generated from raw material handling. Lead

emissions from these sources are vented to four dust collectors

(baghouses or cartridge filters). The lead emissions passing through

these dust collectors are emitted through two stacks.

The dispersion modeling also took into account fugitive emissions

generated from vehicular traffic at the facility as well as emissions

generated by wind erosion of the area surrounding the facility. The

lead emissions from unpaved areas at the facility were estimated using

the ``PM10 Open Fugitive Dust Source Computer Model'' package

distributed by USEPA. The lead content of emissions due to wind erosion

was based on soil sample analyses conducted at the facility. Snowcover

was assumed for the months of November through March, therefore

fugitives from grassy areas was considered to be zero for these months.

The receptor grid used in the analysis consisted of a cartesian

coordinate system with various spacing resolutions. After initial

screening runs with receptor grids extending as far as 50 kilometers, a

refined receptor grid, with 100 meter spacing, was established for a

1.0 kilometer square area surrounding the facility. Lead impacts at the

fenceline of the property were modeled.

Background levels of lead were estimated in order to consider the

contribution to the total ambient air concentration made by sources

other than Gopher Smelting. The background value was determined using a

wind direction analysis which identified when air monitors were upwind

of the Gopher Smelting Facility. The resulting value of 0.11 micrograms

per cubic meter (g/m\3\) is representative of background lead

concentrations in the area. The background concentration was added to

the maximum modeled concentration for a total maximum lead

concentration of 0.97 g/m\3\. This is well below the NAAQS

value of 1.5 g/m\3\.

General Statutory Requirements

The purpose of this section is to discuss whether the SIP revision

submittal meets the statutory requirements set forth in the Clean Air

Act. The Gopher Smelting area of Dakota County, Minnesota is designated

nonattainment for lead. Therefore, the SIP for this area must meet the

applicable requirements of Subpart 1 and 5 of Part D of Title 1 of the

Clean Air Act, specifically, Sections 172(c), 191, and 192.

Section 172(c)(1) states that Part D plans must require reasonably

available control measures, including reasonably available control

technology (RACT). The submittal includes modeling which demonstrates

that the Gopher Smelting area of Dakota County will achieve attainment

of the lead NAAQS with the control measures fully implemented. The

control measures were required to be fully implemented on June 22, 1993

(the effective date of the order). Consequently, the application of

additional available measures would not result in attainment any

faster. Therefore, the control measures included in the SIP revision

satisfy the RACT requirements.

Section 172(c)(2) states that plans shall require reasonable

further progress. The Minnesota submittal provides for immediate

attainment.

Section 172(c)(3) requires a suitable emission inventory. A

suitable inventory of actual and allowable lead emissions from the

Gopher Smelting facility was provided in Attachment C.1 of the

submittal.

Section 172(c)(4) mandates that any stationary source growth margin

included in the submittal be expressly identified and quantified. The

submittal provides for a zero growth margin.

Section 172(c)(5) mandates a suitable permit program for new and

modified major stationary sources. A new source permitting program for

nonattainment areas has been approved by USEPA on April 4, 1994 (59 FR

21939). In addition, MPCA has been delegated authority to implement the

Federal Prevention of Significant Deterioration rules in attainment

areas.

Section 172(c)(6) requires enforceable limitations sufficient to

provide for attainment. The administrative order contains emission and

operating limits which, when implemented, provide for attainment.

Section 172(c)(7) mandates satisfaction of Section 110(a)(2). The

USEPA has determined that the submittal meets the applicable provisions

of Section 110(a)(2).

Section 172(c)(8) states that the Administrator, in some

circumstances, may allow the use of equivalent modeling emission

inventory, and planning procedures. In the Gopher Smelting submittal,

no equivalent techniques were used for modeling, emission inventory, or

planning procedures.

Section 172(c)(9) requires the plan to provide for implementation

of specific measures to be undertaken if the area fails to make

reasonable further progress or to attain the primary NAAQS by the

attainment date applicable under this part (i.e., contingency

measures). The administrative order for Gopher Smelting contains

measures to be taken if the area fails to attain the NAAQS. The

administrative order provides for immediate attainment which precludes

the need for a schedule by which the company would demonstrate

reasonable further progress toward attainment. Therefore, any future

violations of the NAAQS in the area would require the Company to

implement the contingency measures.

Section 191(a) requires a State with an area designated as

nonattainment subsequent to the date of enactment of the CAA, to submit

an applicable plan to the Administrator within 18 months. A part of

Dakota County, Minnesota was designated nonattainment for lead,

effective January 6, 1992. The SIP revision was submitted on June 23,

1993; in accordance with the 18 month schedule.

Section 192(a) requires that a plan submitted pursuant to section

191(a) provide for attainment of the relevant standard no later than 5

years from the date of the nonattainment designation. The limits and

restrictions in the Minnesota lead plan revision are effective

immediately and have been demonstrated to provide for immediate

attainment.

III. Analysis of the Redesignation Request

The State redesignation request consisted primarily of a

maintenance plan and air quality monitoring data. The request also

referenced the provisions and technical information in the SIP revision

submittal. The State submitted this information to comply with title I,

section 107(d)(3)(E) of the CAA, which requires that USEPA determine

whether certain criteria have been met before a redesignation of a

nonattainment area to attainment can be promulgated. The CAA criteria

and the State responses are discussed below.

Redesignation Request Requirements

Section 107(d)(3)(E)(i) requires a determination of whether the

area has attained the NAAQS. The State used both air quality monitoring

data and a dispersion modeling analysis to show that the area has

attained the NAAQS for lead of 1.5 g/m\3\ based on a quarterly

average.

Monitoring data for four ambient air monitors was included in the

June 22, 1993, redesignation submittal. Additional ambient air

monitoring data was submitted by the State on December 3, 1993. The

additional data set replaced some 1992 data for two monitors due to

problems identified by the State with the testing method used

(flameless atomic absorption). The revised 1992 data was analyzed using

flame atomic absorption (atomic absorption using an air-acetylene flame

is the 40 Code of Federal Regulations (CFR) Part 50 Appendix G

reference method). The flame atomic absorption method had much better

recovery results with spiked samples of lead. The monitors are all

located near the Gopher facility. The data collected from the four

monitors has been quality assured according to the procedures specified

in 40 (CFR) Part 58, and is submitted to USEPA Aerometric Information

Retrieval System (AIRS).

The Lead Guideline Document (EPA-452/R-93-009), April 1993, states

that in demonstrating, through monitoring data, that an area is

attaining the lead NAAQS, the area must show no exceedances on a

quarterly basis. Based on a April 21, 1983, memorandum from Meyers, S.,

Office of Air Quality Planning and Standards, the demonstration should

consist of ``the most recent eight quarters of quality-assured

representative air quality data.'' The State has submitted ambient

monitoring data for the period from first quarter 1990 to the third

quarter 1993. The first quarter of 1990 shows the NAAQS violation which

precipitated the nonattainment designation. No violations of the NAAQS

for lead have been recorded at any of the monitors since that time.

The State also submitted an air dispersion modeling analysis to

demonstrate that the Gopher facility, with the emission limits and

operating restrictions applied, attains the NAAQS for lead. The

modeling demonstration was an integral part of the proposed SIP

revision submittal and has been assessed as part of the regulatory

review process pertaining to the SIP revision.

The dispersion modeling accompanying the submittal was performed

using the Industrial Source Complex--Long Term (ISCLT2) model, version

92062. The modeling methodology used was compared against the guidance

contained in the ``Guideline on Air Quality Models (Revised)''; July

1986. The modeling analysis used surface meteorological data from the

Minneapolis/St. Paul National Weather Service station, and upper air

data from the St. Cloud, Minnesota, National Weather Service station.

The data sets are considered to be representative of the meteorological

conditions at Gopher Smelting. The sources that were modeled included

both process and fugitive. Concentrations of lead were predicted around

the Gopher facility through the use of a receptor grid with 100 meter

spacing near identified areas of maximum concentrations. Background

levels of lead, determined from the ambient air monitors, were added to

the maximum modeled concentration. The resulting value of 0.97

g/m\3\ is well below the NAAQS value of 1.5 g/m\3\.

Based on the monitoring and modeling information included in the

June 22, 1993 proposed SIP revision and redesignation request

submittal, USEPA has determined that the State has demonstrated that

the area around the Gopher facility, which encompasses the current

nonattainment area, has attained the NAAQS for lead.

Section 107(d)(3)(E)(ii) states that USEPA may not promulgate a

redesignation request to attainment unless USEPA has fully approved the

area SIP under section 110(k). The June 22, 1993 package consisted of a

proposed SIP revision and a redesignation request. The SIP revision was

submitted to meet the Clean Air Act requirements of Title I, Part D.

The SIP revision was discussed earlier in this notice and is being

approved in this notice.

Section 107(d)(3)(E)(iii) states that USEPA may not promulgate a

redesignation request to attainment unless USEPA determines that ``the

improvement in air quality is due to permanent and enforceable

reductions in emissions resulting from implementation of the applicable

implementation plan and applicable Federal air pollutant control

regulations and other permanent and enforceable reductions.'' In the

first quarter of 1990, three of the four ambient air monitors sited

around the Gopher facility recorded a violation of the lead NAAQS. Lead

violations were also recorded in the fourth quarter of 1988 and the

second quarter of 1989. As a result, the area near the Gopher facility

was designated nonattainment, effective on January 6, 1992. An

investigation into the cause of the violations concluded that fugitive

emissions from process sources and also from general work practices

were the primary reason for the high monitored values. The Gopher

Smelting and Refining Company implemented a program that included

improved materials handling procedures and work practices. These

initial procedures and practices, among other controls, are included in

the Federally enforceable Administrative Order, which was discussed

earlier. No violations of the lead NAAQS have been recorded at any of

the ambient air monitors surrounding the Gopher facility since the

first quarter of 1990. The State has reasonably attributed the

improvement in air quality to the changes in work practices at the

Gopher facility. Additionally, the Gopher facility has installed

control equipment (i.e., baghouses and a negative pressure system

vented through cartridge filters) to further limit process fugitive

emissions. The operation, testing, and maintenance of this control

equipment is required in the administrative order for the facility. The

administrative order for the Gopher facility has no expiration date.

Therefore, USEPA agrees with the State that the improvement in air

quality over the last four years in the nonattainment area surrounding

the Gopher facility is attributable to permanent and enforceable lead

emission reductions.

Section 107(d)(3)(E)(iv) states that USEPA may not promulgate a

redesignation request to attainment unless USEPA has fully approved a

maintenance plan for the area as meeting the requirements of section

175A. The redesignation request submitted on June 22, 1993 by the

Minnesota Pollution Control Agency (MPCA), was accompanied by a

proposed SIP revision affecting the primary lead source in the

nonattainment area. The measures required in the proposed SIP revision

(i.e., administrative order for Gopher Smelting and Refining Company),

provided for attainment of the lead NAAQS as demonstrated by the

modeling analysis performed for the area. The limits and operating

restrictions detailed in the administrative order do not expire.

Furthermore, once the SIP revision is promulgated, it cannot be revised

without approval of USEPA. Therefore, attainment of the lead NAAQS has

been projected for the required 10 year period as is discussed in

Section 175A.

Section 175A(d) requires contingency provisions be submitted to

assure that the State will promptly correct any violation of the lead

standard which occurs after the area has been redesignated to

attainment. The current monitoring network is continuing to operate in

order to verify the attainment status of the area. The proposed SIP

revision, discussed earlier, contained specific measures which the

Gopher facility will implement, without further action to be taken by

the State or USEPA, upon notification that a violation of lead NAAQS

has occurred. These measures consist of sweeping with a wet vacuum

sweeper areas that are swept daily and daily sweeping with a vacuum

sweeper areas that are normally swept on a weekly basis. The

contingency measures are designed to immediately reduce emissions from

areas likely to be causing the violation. The administrative order

became effective on June 22, 1993, and enforced by the authority of

MPCA. The changes included in the amended administrative order, dated

September 13, 1994, did not affect the contingency measures. Therefore,

the limits and restrictions in the administrative order will have been

implemented prior to promulgation of redesignation to attainment.

Section 107(d)(3)(E)(v) states that USEPA may not promulgate a

redesignation request to attainment unless the State has met all the

requirements applicable to the nonattainment area under section 110 and

part D. The Gopher Smelting area of Dakota County, Minnesota is

designated nonattainment for lead. Therefore, the SIP revision for this

area must meet the requirements of Subpart 1 and 5 of Part D of Title 1

of the Clean Air Act, specifically Section 172(c) and Sections 191 and

192. Based on the regulatory review, the SIP revision is being approved

as having satisfied the requirements of the applicable CAA sections.

IV. Rulemaking Action

This action has evaluated the approvability of the Minnesota Lead

SIP revision submittal and request for redesignation to attainment for

the area around Gopher Smelting and Refining Company, located in the

city of Eagan, Dakota County, Minnesota. It has been determined that

the submittal meets the applicable requirements of the CAA.

Because U.S. EPA considers this action noncontroversial and

routine, we are approving it without prior proposal. The action will

become effective on December 19, 1994. However, if we receive notice by

November 17, 1994 that someone wishes to submit adverse comments, then

USEPA will publish a document that withdraws this action and will

address the comments received in the final rule on the requested

redesignation and SIP revision which have been proposed for approval in

the proposed rules section of this Federal Register.

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. U.S. EPA shall consider each request for revision to the SIP in

light of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225). A revision to the SIP processing

review tables was approved by the Acting Assistant Administrator for

Office of Air and Radiation on October 4, 1993 (Michael Shapiro's

memorandum to Regional Administrators). A future document will inform

the general public of these tables. Under the revised tables this

action remains classified as a Table 2 action. On January 6, 1989, the

Office of Management and Budget (OMB) waived Table 2 and Table 3 SIP

revisions (54 FR 222) from the requirements of section 3 of Executive

Order 12291 for a period of 2 years. The USEPA has submitted a request

for a permanent waiver for Table 2 and 3 SIP revisions. The OMB has

agreed to continue the temporary waiver until such time as it rules on

USEPA's request. This request continued in effect under Executive Order

12866 which superseded Executive Order 12291 on September 30, 1993.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. (5 U.S.C. 603 and 604.)

Alternatively, USEPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-State relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

CAA forbids USEPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. USEPA, 427 U.S. 246, 256-66 (S.Ct. 1976); 42

U.S.C. 7410(a)(2).

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by December 19, 1994. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

Air Pollution control, Incorporation by reference, Lead, Reporting

and recordkeeping requirements.

40 CFR Part 81

Air pollution control.

Dated: September 20, 1994.

Valdas V. Adamkus,

Regional Administrator.

Title 40 of the Code of Federal Regulations, chapter I, is amended

as follows:

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. 7401-7671q.

2. Section 52.1220 is amended by adding paragraph (c)(36) to read

as follows:

Sec. 52.1220 Identification of plan.

* * * * *

(c) * * *

(36) On June 22, 1993, and September 13, 1994, the State of

Minnesota submitted revisions to its State Implementation Plan for lead

for a portion of Dakota County.

(i) Incorporation by reference.

(A) For Gopher Smelting and Refining Company, located in the city

of Eagan, Dakota County, Minnesota:

(1) An administrative order, dated, submitted, and effective June

22, 1993.

(2) Amendment One to the administrative order, dated, submitted,

and effective, September 13, 1994.

(ii) Additional material.

(A) A letter from Charles W. Williams to Valdas V. Adamkus, dated

June 22, 1993, with enclosures providing technical support (e.g.,

computer modeling) for the revisions to the State Implementation Plan

for lead.

(B) A letter from Charles W. Williams to Valdas V. Adamkus, dated

September 13, 1994, with enclosures providing technical support for the

revised administrative order for Gopher Smelting and Refining Company.

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

2. In Sec. 81.324 the table ``Minnesota Lead'' is revised to read

as follows:

Sec. 81.324 Minnesota.

* * * * *

Minnesota--Lead

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Designation Classification

Designated area ---------------------------------------------------------------------------------------------------------------

Date Type Date Type

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Dakota County (part) ... Lone Oak Road Dec. 19, 1994.............

(County Road 26) to the north, County

Road 63 to the east, Westcott Road to

the south, and Lexington Avenue (County

Road 43) to the west.

Rest of State not designated.

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* * * * *

[FR Doc. 94-25681 Filed 10-17-94; 8:45 am]

BILLING CODE 6560-50-P