[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Proposed Rules]
[Pages 33049-33052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11494]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2020-0256; FRL-10009-96-Region 7]


Air Plan Approval; Missouri; Restriction of Emission of Lead From 
Specific Lead Smelter-Refinery Installations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of a State Implementation Plan (SIP) revision submitted by 
Missouri on February 5, 2019. Missouri requests that EPA revise its 
approved plan which restricts emission of lead from specific lead 
smelter-refinery installations. The revisions remove emission 
restrictions for a facility that is no longer operating, update a 
reference to the Federal National Emissions Standard for Hazardous Air 
Pollutants (NESHAP) for secondary lead smelters, and update 
incorporation by reference to testing methods. Minor editorial 
revisions have also been made for clarity. The EPA's

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proposed approval of this rule revision is being done in accordance 
with the requirements of the Clean Air Act (CAA).

DATES: Comments must be received on or before July 1, 2020.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2020-0256 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: Stephanie Doolan, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7719; email address Doolan.stephanie@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA.

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2020-
0256, 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 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. What is being addressed in this document?

    The EPA is proposing to approve revisions to 10 Code of State 
Regulation (CSR) 10-6.120, Restriction of Emission of Lead From 
Specific Lead Smelter-Refinery Installations, in the
    Missouri SIP. The EPA received the Missouri Department of Natural 
Resources' (MoDNR) SIP revision submission on February 15, 2019. The 
revisions are described in detail in the technical support document 
(TSD) included in the docket for this action. The Environmental 
Protection Agency (EPA) is proposing to approve revisions to the 
Missouri State Implementation Plan (SIP).
    The revisions to 10 CSR 10-6.120 eliminate restrictions for a 
facility that is no longer operational as a primary lead smelter, 
update the reference to the National Emissions Standards for Hazardous 
Air Pollutants (NESHAP), Subpart X, update the incorporation by 
reference information, and make editorial changes to the rule for 
clarity. The EPA believes that these revisions do not impact the 
stringency of the Missouri SIP and do not adversely impact air quality.
    A list of the revisions Missouri made to 10 CSR 10-6.120 are as 
follows:
     The reference in paragraph (3), General Provisions, to the 
Herculaneum primary lead smelter and corresponding Table 1 which 
formerly contained lead emission limits has been removed because the 
Herculaneum facility no longer operating as a primary lead smelter. The 
Herculaneum area is a nonattainment area for the 2008 Lead National 
Ambient Air Quality Standard (NAAQS) and thus has an approved plan to 
bring the area back into attainment of the standard. See 79 FR 62572, 
October 20, 2014. The lead emissions limits in the approved attainment 
demonstration SIP are more stringent than those in table 1; thus, EPA 
did not approve table 1 of the General Provisions in its August 28, 
2015, action. See 80 FR 52190. Missouri's removal of the emissions 
limitations from its State rule does not affect the enforceability of 
the attainment SIP and the controls required to meet the NAAQS.
     Paragraph (5), Test Methods, has also been revised to 
incorporate the Secondary Lead Smelter NESHAP by reference, as well as, 
reference specific EPA test methods described in Missouri's rule 10 CSR 
10-6.030(22).

As discussed above a detailed description of Missouri's revision and 
EPA analysis of the impact to air quality have provided in the TSD 
which is part of the docket for this action.
    The revisions to this state regulation were placed on public notice 
for review and comment from June 29 through October 4, 2018. Missouri 
received three comments from two sources during the comment period: EPA 
provided two comments and Doe Run Resource Recycling Facility provided 
one comment on the rule revisions. Missouri responded to all three 
comments, as noted in the State submission included in the docket for 
this action. Missouri responded to all three comments in its Order of 
Rulemaking dated January 2, 2019. The three comments Missouri received 
were:
     EPA commented on paragraph (5) of the proposed rule 
revision that the SIP revision request for subsection 10 CSR 10-6.030 
(22), upon which the revisions regarding test methods in 10 CSR 10-
6.120 relies, had not yet been approved. Since EPA submitted its 
comment, the Missouri SIP has been approved as a separate action to 
incorporate the revisions to 10 CSR 10-6.030. See 85 FR 4229, January 
24, 2020.
     EPA also commented on the revisions to paragraph (5) 
encouraging MoDNR to reference 40 CFR part 60, appendix A, rather that 
adding references to 10 CSR 10-6.030(22) in subsections 5(B) and 5(C). 
MoDNR did not amend the rule text in response to this comment. 
Missouri's reliance on test methods incorporated by reference in 10 CSR 
10-6.030(22) does not affect the stringency of the rule and remains 
protective of air quality.
     Doe Run Buick Resource Recycling Division submitted one 
comment to Missouri stating that it believes the correct lead emission 
limit to be 0.00043 gr/dscf. MoDNR's response was to remove the 
reference to the specific numerical standard and to emphasize that Doe 
Run is still required to meet the Secondary Lead Smelter NESHAP, 
subpart X, which is incorporated in 10 CSR 10-6.075 as well. See 79 FR 
371, June 10, 2014.

Missouri made editorial text revisions detailed in EPA's TSD for 
clarity which do not have an impact to air quality.
    Based on a detailed analysis in its TSD of the revisions to the 
state rule that are listed above, EPA is proposing to approve the 
revisions to this rule because it promotes clarity by removing no 
longer needed emission limits for the former Herculaneum primary lead

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smelter refinery and will not have a negative impact on air quality.

III. Have the requirements for approval of a SIP revision been met?

    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 placed this rule revision on public notice from June 29 through 
October 4, 2008. MoDNR responded to all three comments received. As 
explained above, the revision meets the substantive SIP requirements of 
the CAA, including section 110 and implementing regulations.

IV. What action is the EPA taking?

    The EPA is proposing to approve Missouri's request to revise 10 CSR 
10-6.120. We are processing this as a proposed SIP revision because we 
are soliciting comments on it. Final rulemaking will occur after 
consideration of any comments received. The EPA is soliciting comment 
on the substantive and administrative revisions detailed in this 
document and in the TSD. EPA is not soliciting comment on existing rule 
text that has been previously approved by EPA into the SIP.

V. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference the Missouri Regulations described in the 
proposed amendments to 40 CFR part 52 set forth below. 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).

VI. Statutory and Executive Order Reviews

    Under the 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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, Lead, Reporting and recordkeeping requirements, Test 
methods.

    Dated: May 21, 2020.
James Gulliford,
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, the table in paragraph (c) is amended by revising 
the entry ``10-6.120'' to read as follows:


Sec.  52.1320  Identification of plan.

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    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                        State
     Missouri citation               Title            effective      EPA approval date          Explanation
                                                         date
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                                    Missouri Department of Natural Resources
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    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
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                                                  * * * * * * *
10-6.120..................  Restriction of              10/25/18  [Date of publication
                             Emissions of Lead from                of the final rule in
                             Specific Lead Smelter-                the Federal
                             Refinery Installations.               Register], [Federal
                                                                   Register citation of
                                                                   the final rule].
 
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[FR Doc. 2020-11494 Filed 5-29-20; 8:45 am]
BILLING CODE 6560-50-P


