# Approval and Promulgation of Implementation Plans; State of Missouri

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URL: https://www.frixlaw.com/law-library/documents/fr%3A95-10976

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** May 5, 1995
- **Citation:** 60 FR 22274

## Text

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]
BILLING CODE 6560-50-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-10976. Public record. Not legal advice.