Approval and Promulgation of Implementation Plans; State of Missouri

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO-17-1-6023A; FRL-5197-7]

Approval and Promulgation of Implementation Plans; State of

Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This document takes final action to approve the State

Implementation Plan (SIP) submitted by the state of Missouri for the

purpose of bringing about the attainment of the National Ambient Air

Quality Standard (NAAQS) for lead. The SIP was submitted by the state

to satisfy certain Federal requirements for an approvable nonattainment

area lead SIP for the Doe Run primary lead smelter in Herculaneum,

Missouri (Doe Run-Herculaneum).

DATES: This action will be effective July 5, 1995 unless by June 5,

1995 adverse or critical comments are received.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the:

Environmental Protection Agency, Air Branch, 726 Minnesota Avenue,

Kansas City, Kansas 66101; and EPA Air & Radiation Docket and

Information Center, 401 M Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Lisa V. Haugen at (913) 551-7877.

SUPPLEMENTARY INFORMATION:

I. Background

On June 3, 1986, EPA issued a call for a revision to the Missouri

SIP in response to violations of the NAAQS for lead near the Doe Run

primary lead smelter in Herculaneum, Missouri. The state submitted an

SIP revision on September 6, 1990, with additional materials submitted

on May 8, 1991. After the state submitted the SIP, but before EPA acted

on the state's submission, EPA promulgated a nonattainment designation

for the area in the vicinity of Doe Run-Herculaneum under section

107(d) of the Clean Air Act (CAA), as amended. The designation was

published on November 6, 1991 (56 FR 56694), and became effective on

January 6, 1992.

As a result of EPA's promulgation of the nonattainment designation,

the Part D requirements of the CAA became applicable to the Missouri

SIP revision for Doe Run-Herculaneum. EPA granted limited approval for

Missouri's 1990 SIP [[Page 22275]] revision on March 6, 1992 (57 FR

8076). EPA explained that the basis for the limited approval was that

the state would be required to submit a supplemental SIP revision

meeting the applicable Part D requirements.

On July 2, 1993, the state of Missouri submitted an SIP revision

addressing the applicable Part D requirements of the CAA. The revision

provided for additional control measures in response to unanticipated

emissions associated with the control measures implemented under the

1990 SIP revision. These emissions resulted in violations of the lead

NAAQS after the 1990 SIP revision attainment date of February 1, 1993.

The July 1993 SIP revision was adopted by the Missouri Air Conservation

Commission (MACC), after proper notice and public hearing, on June 29,

1993.

In a letter dated September 30, 1993, EPA informed the state that

the proposed amendment to Missouri rule 10 CSR 10-6.120 lacked

sufficient emission limits to ensure attainment of the standard. On

October 7, 1993, EPA notified the state that the SIP revision did not

contain contingency measures which adequately addressed the

requirements of section 172(c)(9). Missouri and Doe Run agreed to the

required changes at meetings held October 18 and 19, 1993. The changes

to the SIP were adopted by the MACC at a public hearing held on March

31, 1994. Final changes to Missouri rule 10 CSR 10-6.120 were adopted

by the MACC, after proper notice and public hearing, on April 28, 1994,

and became effective on August 28, 1994.

The state submitted supplemental material to EPA on June 30, 1994.

Upon review, it was noted that the Consent Order signed by the MACC on

March 31, 1994, did not contain implementation language for contingency

measures. EPA had informed the state of the need for such language in a

letter dated February 23, 1994. The implementation language had been

included in a prior order adopted by the MACC in June 1993, and had

been available for public review. The language was inadvertently

omitted from the final order signed by the MACC in March 1994. A new

Consent Order, which included the missing language, was signed by the

MACC on September 29, 1994, and submitted to EPA on November 23, 1994.

The July 2, 1993, SIP, as revised and adopted in March 1994, and

the revised September 29, 1994, Consent Order, satisfy the Part D

requirements of the CAA. The revised plan also contains a control

strategy to address the violations of the NAAQS which occurred upon

implementation of the control measures in the 1990 SIP revision.

Dispersion modeling indicates that the subsequent control measures will

result in attainment of the NAAQS for lead. The new attainment date for

the 1993 SIP revision is June 30, 1995. In addition, the submittal

includes an amendment to Missouri rule 10 CSR 10-6.120 that revises all

point source emission limits to a lbs./24-hour basis, and establishes

enforceable criteria for determining compliance.

II. Criteria for Approval

This SIP revision was reviewed using the criteria established by

the CAA. The requirements for all SIPs are contained in section

110(a)(2) of the CAA. Section 172(c) of the CAA specifies the

provisions applicable to areas designated as nonattainment for any of

the NAAQS. Further guidance and criteria are set forth in the ``State

Implementation Plans for Lead Nonattainment Areas; Addendum to the

General Preamble for the Implementation of Title I of the Clean Air Act

Amendments of 1990'' (58 FR 67748).

III. Review of State Submittal

A. Control Strategy

In the 1993 SIP revision, the state generally used the emission

inventory which was used in the 1990 SIP revision. However, it was

necessary to reanalyze the facility because previously unanticipated

emission points had been discovered and several existing emission

sources had been relocated. Air dispersion modeling was used to

determine that the additional controls were sufficient to attain the

lead NAAQS.

The SIP contains the June 24, 1993, Consent Order, and a subsequent

amendment to the Consent Order, dated March 1994, which were entered

into by the Missouri Department of Natural Resources (MDNR) and the Doe

Run Company. Both of these documents set forth the administrative

requirements for the implementation of the control measures. The

submittal also includes Missouri rule 10 CSR 10-6.120, which

establishes enforceable emission limits and work practice requirements.

The reader is referred to the EPA-prepared technical support document

for a more complete discussion of the specific control measures to be

implemented in the Consent Orders.

B. Attainment Demonstration

Section 192(a) of the CAA requires that SIPs must provide for

attainment of the lead NAAQS as expeditiously as practicable but not

later than five years from the date of an area's nonattainment

designation. The lead nonattainment designation for the Herculaneum

area was effective on January 6, 1992; therefore, the latest attainment

date permissible by statute would be January 6, 1997. The Doe Run lead

SIP demonstrates attainment by June 30, 1995, which meets the statutory

requirement. This plan shows a predicted maximum ambient air lead

concentration of 1.47 g/m3 which is below the NAAQS for

lead of 1.5 g/m3.

The Industrial Source Complex Long-Term Model was used to

demonstrate the adequacy of the control strategy. The procedures

recommended in EPA's Guideline on Air Quality Models (Revised), EPA

450/2-78-027R, July 1986, and Supplement A to the Guideline on Air

Quality Models (Revised), EPA 450/2-78-027R, July 1987, were followed.

C. Emission Inventory and Air Quality Data

Section 172(c)(3) of the CAA requires that nonattainment plan

provisions include a comprehensive, accurate, current inventory of

actual emissions from all sources of relevant pollutants in the

nonattainment area.

The 1993 SIP revision emissions inventory (EI) relies heavily upon

the 1990 SIP revision EI, which is based upon 1987 data. The 1990

baseline emissions were quantified through a review of journal

articles, stack testing, personnel monitoring, and evaluation of post-

1985 equipment and procedures. Dispersion modeling was employed in

deriving the 1990 SIP control strategy which resulted in the 1990

postcontrol EI. The 1993 baseline EI was obtained by adjusting the 1990

postcontrol EI to account for dust surging problems associated with the

installation of certain 1990 SIP controls, and the replacement of four

scrubbers with a baghouse.

The state submittal provides a historical summary of the air

quality from 1988 through the first calendar quarter of 1993. Ambient

lead concentrations have fallen significantly with the implementation

of the 1990 SIP controls; however, the average quarterly ambient lead

concentrations at several monitors continue to remain above the NAAQS.

D. Reasonably Available Control Measures (RACM) (Including Reasonably

Available Control Technology (RACT))

The submittal must contain provisions to assure that RACM

(including RACT) are implemented (see [[Page 22276]] section 172(c)(1)

of the CAA). See 57 FR 13549 and 57 FR 67748 for EPA's interpretation

of the RACM and RACT requirement.

A 1989 report, entitled ``Evaluation of Lead Emission Controls at

the Doe Run Company's Primary Lead Smelter at Herculaneum, Missouri,''

prepared for the Doe Run Company by Fluor Daniel, Inc. (the Fluor

report), represents an RACT survey of the Herculaneum facility. The

report contains a review of the unit processes and operating

procedures, in use at the time the study was commissioned, relative to

similar facilities. The report identified 24 potential emission control

improvements and the associated capital outlay requirements. Each of

these projects has been completed. The Consent Orders, which the state

has submitted as part of its SIP revision, describe each project.

An RACM survey was conducted in accord with 57 FR 18072, EPA's

guidance with respect to the selection of fugitive dust control

measures. Five of the fifteen suggested measures were found to be

applicable to the Herculaneum facility. The SIP adequately documents

the reasons for which each measure was selected or rejected. Each

selected measure is included in the revised Herculaneum Work Practice

Manual and has been implemented in accordance with the schedule

established in the June 24, 1993, Consent Order.

E. Reasonable Further Progress (RFP)

The SIP must provide for RFP, defined in section 171(1) of the CAA

as such reductions in emissions of the relevant air pollutant as are

required by Part D, or may reasonably be required by the Administrator

for the purpose of ensuring attainment of the applicable NAAQS by the

applicable date.

The emission reductions associated with the control strategy will

be phased in according to the interim dates which are identified in the

Consent Orders submitted with the SIP. These dates were established to

allow for engineering and construction of control systems, and provide

continuing improvement in air quality.

F. New Source Review (NSR)

Part D of Title I of the CAA requires that the submittal include a

permit program for the construction and operation of new and modified

major stationary sources. Missouri rule 10 CSR 10-6.020 identifies the

current specific descriptions of the lead nonattainment areas in

Missouri. 10 CSR 10-6.020 is utilized in conjunction with Missouri rule

10 CSR 10-6.060 which requires a permit for construction of, or major

modification to, an installation with potential to annually emit one

hundred (100) tons or more of a nonattainment pollutant, or a permit

for a modification with potential to annually emit one hundred (100)

tons or more of a nonattainment pollutant. Because these provisions

include requirements for all nonattainment areas, and are not limited

to lead, EPA is acting on the provisions in a separate rulemaking.

G. Contingency Measures

As provided in section 172(c)(9) of the CAA, all nonattainment area

SIPs that demonstrate attainment must include contingency measures.

Contingency measures should consist of other available measures that

are not part of the area's control strategy. These measures must take

effect without further action by the state or EPA, upon a determination

that the area has failed to meet RFP or attain the lead NAAQS by the

applicable attainment date.

The contingency measures included in the July 2, 1993, SIP

submittal were determined to be inadequate to address possible air

quality violations at the Herculaneum facility. EPA notified the state,

in an October 7, 1993, letter, that the SIP revision did not contain

contingency measures which adequately addressed the requirements of

section 172(c)(9). Based on the modeling, EPA concluded that the

maximum predicted ambient lead concentration occurs in the northern

zone, which is significantly impacted by elevated process fugitive

emissions. EPA requested that contingency measures be developed which

would address these fugitive emissions. MDNR and Doe Run agreed to the

required changes at meetings held October 18 and 19, 1993. The changes

to the SIP were adopted by the MACC, after proper notice and public

hearing, on March 31, 1994.

The contingency measures in the SIP will be invoked if, beginning

with the calendar quarter following the attainment date, an exceedance

of the lead NAAQS is recorded. MDNR will notify Doe Run-Herculaneum of

the exceedance, and implementation of all of the contingency measures

will begin within 60 days from receipt of that notification.

H. Enforceability

All measures and other elements in the SIP must be enforceable by

the state and EPA (see sections 172(c)(6), 110(a)(2)(A), and 57 FR

13556). The state submittal includes a Consent Order entered into by

the state and the Company which contains all of the control and

contingency measures, with enforceable dates for implementation.

The state submittal also includes an amendment to Missouri rule 10

CSR 10-6.120 which revises all point source emission limits from a

lbs./day to a lbs./24-hour basis, and establishes enforceable criteria

for determining compliance. The change from lbs./day to lbs./24-hour

was necessary to make the emission limits consistent with the new test

methods specified in the rule for determining compliance. Missouri rule

10 CSR 10-6.120 contains provisions which are applicable to other lead

smelters in the state. EPA has not reviewed the adequacy of the rule as

it relates to sources other than the Herculaneum smelter. EPA proposes

approval of this rule only as it relates to Doe Run-Herculaneum.

Changes to the Herculaneum Work Practice Manual have also been

included with this SIP revision. The Work Practice Manual serves as an

enforcement document for the state and EPA. These work practices are

designed to limit the fugitive emissions at the facility and are

enforced through recordkeeping requirements. Noncompliance with the

established work practices is a violation of Missouri rule 10 CSR 10-

6.120. Any change to the Work Practice Manual requires a revision to

the Missouri SIP, per Missouri's May 8, 1991, submittal letter.

IV. Implications of This Action

This SIP revision will significantly expand the current SIP. It

contains a control strategy which provides for modifications to various

feed circuits, the installation of additional ventilation systems, and

the installation of additional pollution control devices. The modeling

performed in support of the SIP revision indicates that the emissions

control strategy will result in attainment of the NAAQS for lead. In

addition, Missouri rule 10 CSR 10-6.120 has been amended such that all

point source emission limits will be based upon an enforceable 24-hour

average emission rate.

EPA Action

By this action EPA grants full approval of Missouri's July 2, 1993;

June 30, 1994; and November 23, 1994, submittals. This SIP revision

meets the requirements of section 110 and Part D of the Clean Air Act

and 40 CFR Part 51.

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in the Federal

Register publication, the EPA is proposing to [[Page 22277]] approve

the SIP revision should adverse or critical comments be filed.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

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

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, EPA 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, EPA certifies 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 EPA to base its actions concerning SIPs on such grounds

(Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

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

The Office of Management and Budget has exempted these actions from

review under Executive Order 12866.

Under section 307(b)(1) of the CAA, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by July 5, 1995. 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 in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Lead, Reporting and

recordkeeping requirements.

Dated: April 12, 1995.

Dennis Grams,

Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

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

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

Subpart AA--Missouri

2. Section 52.1320 is amended by adding paragraph (c)(87) to read

as follows:

Sec. 52.1320 Identification of plan.

* * * * *

(c) * * *

(87) In submittals dated July 2, 1993; June 30, 1994; and November

23, 1994, MDNR submitted an SIP to satisfy Federal requirements for an

approvable nonattainment area lead SIP for the Doe Run primary smelter

in Herculaneum, Missouri. Although Missouri rule 10 CSR 10-6.120

contains requirements which apply statewide to primary lead smelting

operations, EPA takes action on this rule only insofar as it pertains

to the Doe Run Herculaneum facility. Plan revisions to address the

other lead smelters in the state are under development.

(i) Incorporation by reference.

(A) Revised regulation 10 CSR 10-6.120 (section (1), section

(2)(B), section (3)) entitled Restriction of Emissions of Lead From

Primary Lead Smelter-Refinery Installations, effective August 28, 1994.

(B) Consent Order, entered into between the Doe Run Company and

MDNR, dated July 2, 1993.

(C) Consent Order amendment, signed by the Doe Run Company on March

31, 1994, and by MDNR on April 28, 1994.

(D) Consent Order amendment, signed by the Doe Run Company on

September 6, 1994, and by MDNR on November 23, 1994.

(ii) Additional material.

(A) Revisions to the Doe Run Herculaneum Work Practice Manual

submitted on July 2, 1993.

(B) Revisions to the Doe Run Herculaneum Work Practice Manual

submitted on June 30, 1994.

Sec. 52.1323 [Amended]

3. Section 52.1323 is amended by removing paragraph (g) and

redesignating paragraph (h) as paragraph (g).

[FR Doc. 95-10976 Filed 5-4-95; 8:45 am]

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