80_FR_52357 80 FR 52190 - Approval and Promulgation of Air Quality Implementation Plans; Missouri; 2013 Missouri State Implementation Plan for the 2008 Lead Standard

80 FR 52190 - Approval and Promulgation of Air Quality Implementation Plans; Missouri; 2013 Missouri State Implementation Plan for the 2008 Lead Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 167 (August 28, 2015)

Page Range52190-52194
FR Document2015-21199

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) for the State of Missouri. This final action will approve Missouri's SIP for the Buick/Viburnum Trend lead National Ambient Air Quality Standard (NAAQS) nonattainment area near Boss, Missouri. EPA proposed approval of this plan on June 1, 2015. The applicable standard addressed in this action is the lead NAAQS promulgated by EPA in 2008. EPA believes Missouri's SIP satisfies the applicable requirements of the Clean Air Act (CAA) identified in EPA's 2008 Final Rule and will bring the area into attainment of the 0.15 micrograms per cubic meter (ug/m\3\) lead NAAQS in the Buick/Viburnum Trend, Missouri area. In this action, EPA is also finalizing its approval of a revision to the Missouri SIP to incorporate an amendment to an existing Missouri regulation to restrict lead emissions from specific sources. The amendment revises certain throughput and emissions limits applicable to the Buick Resource Recycling Facility (BRRF) in the Buick/Viburnum Trend lead nonattainment area. Approval of this rule ensures consistency between the state and Federally-approved rules, and ensures Federal enforceability of the revised state rule.

Federal Register, Volume 80 Issue 167 (Friday, August 28, 2015)
[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Rules and Regulations]
[Pages 52190-52194]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21199]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0223; FRL-9933-09-Region 7]


Approval and Promulgation of Air Quality Implementation Plans; 
Missouri; 2013 Missouri State Implementation Plan for the 2008 Lead 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to

[[Page 52191]]

approve a revision to the State Implementation Plan (SIP) for the State 
of Missouri. This final action will approve Missouri's SIP for the 
Buick/Viburnum Trend lead National Ambient Air Quality Standard (NAAQS) 
nonattainment area near Boss, Missouri. EPA proposed approval of this 
plan on June 1, 2015. The applicable standard addressed in this action 
is the lead NAAQS promulgated by EPA in 2008. EPA believes Missouri's 
SIP satisfies the applicable requirements of the Clean Air Act (CAA) 
identified in EPA's 2008 Final Rule and will bring the area into 
attainment of the 0.15 micrograms per cubic meter (ug/m\3\) lead NAAQS 
in the Buick/Viburnum Trend, Missouri area.
    In this action, EPA is also finalizing its approval of a revision 
to the Missouri SIP to incorporate an amendment to an existing Missouri 
regulation to restrict lead emissions from specific sources. The 
amendment revises certain throughput and emissions limits applicable to 
the Buick Resource Recycling Facility (BRRF) in the Buick/Viburnum 
Trend lead nonattainment area. Approval of this rule ensures 
consistency between the state and Federally-approved rules, and ensures 
Federal enforceability of the revised state rule.

DATES: This final rule is effective on September 28, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2015-0223. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or at the Environmental Protection Agency, Air 
Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 
66219. The Regional Office's official hours of business are Monday 
through Friday, 8 a.m. to 4:30 p.m., excluding Federal holidays. The 
interested persons wanting to examine these documents should make an 
appointment with the office at least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7719, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. EPA's Response to Comments
IV. What action is EPA taking?

I. What is being addressed in this document?

    In this document, EPA is granting final approval of Missouri's SIP 
for the lead NAAQS nonattainment area of Buick/Viburnum Trend. The 
applicable standard addressed in this action is the lead NAAQS 
promulgated by EPA in 2008 (73 FR 66964). EPA is also granting final 
approval to portions of a revision to the State of Missouri Code of 
State Regulations (CSR) 10-6.120, ``Restriction of Emissions of Lead 
from Specific Lead Smelter-Refinery Installations''. This revision 
pertains to throughput limits applicable to the BRRF, which is the 
primary source of lead emissions in the Buick/Viburnum Trend 
nonattainment area. EPA's proposal containing the background 
information for this action can be found at 80 FR 30965, June 1, 2015.

II. 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. In 
addition, as explained above and in more detail in the technical 
support document which is part of the docket, the revision meets the 
substantive SIP requirements of the CAA, including Section 110 and 
implementing regulations.

III. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened June 1, 
2015, the date of its publication in the Federal Register, and closed 
on July 1, 2015. During this period, EPA received one comment letter 
from the Doe Run Resource Recycling Division dated July 1, 2015. The 
comment letter and EPA's responses are summarized below.
    Comment 1: The commenter states that in the June 1, 2015, proposed 
approval that the nomenclature for the Buick/Viburnum Trend 
nonattainment area is inconsistent. Doe Run requests that the term 
``Buick/Viburnum Trend'' be used throughout. Doe Run also states that 
the secondary lead smelter nomenclature is incorrectly stated as ``the 
Doe Run Buick Resource Recycling Facility (BRRF)'' and requests EPA to 
correct the nomenclature to use ``The Buick Resource Recycling Facility 
(BRRF)'' throughout.
    Response 1: This comment recommends typographical corrections to 
the proposed rule that EPA has not relied upon in its decision making 
for this final action, and EPA is therefore not changing its final 
action based on this comment.
    Comment 2: Doe Run states that the heading for section V.A.1. in 
the proposal is titled ``BRRF Process Description,'' but that it 
contains both the BRRF process description and a discussion of the mine 
activities. Doe Run requests that the section be retitled as ``Buick/
Viburnum Trend Process Description.''
    Response 2: See Response 1.
    Comment 3: Doe Run notes that section V.A.1. states ``BRRF operates 
as a secondary smelter of lead, lead-containing materials including 
spent lead acid batteries, lead bullets and shot, lead-containing glass 
from cathode ray tubes, and lead-based paint chips from lead abatement 
projects.'' Doe Run requests that the statement be revised to more 
accurately reflect the facility operations by stating that ``BRRF 
operates as a secondary lead smelter of lead, utilizing lead-containing 
materials including spent lead acid batteries, lead bullets and shot, 
lead-containing glass from cathode ray tubes, lead-based paint chips 
from lead abatement projects, and other lead bearing materials.''
    Response 3: EPA notes that the process information provided in 
section V of the proposal was reproduced from Missouri's attainment SIP 
which was made available for a 30-day public comment period before the 
document was submitted to EPA. EPA appreciates this comment as it 
clarifies process-related information. However, this comment does not 
substantively impact the decision to approve the attainment SIP, and 
EPA is therefore not changing its proposed action based on this 
comment.
    Comment 4: Doe Run notes that in the first paragraph of section 
V.A.1., EPA states that ``Crushed and concentrated lead containing ore 
was formerly processed at the Herculaneum primary lead smelter, but 
since that facility ceased primary lead smelting in December 2013, the 
ore gets shipped out of the U.S. for overseas processing.'' Doe Run 
requests this statement to instead read, ``The processed ore, called 
lead concentrate was formerly processed at the Herculaneum primary lead 
smelter, but since that facility ceased primary

[[Page 52192]]

lead smelting in December 2013, the lead concentrate is currently 
shipped out of the U.S. for overseas processing.''
    Response 4: Please see Response 3.
    Comment 5: Doe Run requests that EPA revise the third paragraph of 
section V.A.1. from ``BRRF's production is limited to 175,000 tons of 
total lead production each year . . .'' to ``175,000 tons of total 
refined lead production per year . . .''
    Response 5: EPA disagrees. Section V.A.1. refers to the lead 
production limit in Missouri regulation 10 Code of State Regulation 
(CSR) 10-6.120, which states that ``This installation [BRRF] shall 
limit total lead production to one hundred seventy-five thousand 
(175,000) tons per year.'' 10 CSR 10-6.120 does not make a distinction 
between total lead production and total refined lead production.
    Comment 6: In paragraph three of section V.A.1., EPA states that 
``Spent batteries are stored in a battery bunker until processed in a 
shredder.'' Doe Run requests that the statement read: ``Spent batteries 
are stored in the containerized storage area until processed in the 
battery shredder.''
    Response 6: Please see Response 3.
    Comment 7: In section V.A.1., EPA states that ``The batteries 
further undergo a separation process under which the lead and metal 
parts are separated from the plastic and other debris.'' Doe Run 
requests that this statement be revised as follows: ``The batteries 
further undergo a separation process under which the lead and metal 
parts are separated from the plastic and other materials.'' Doe Run 
also requests EPA to change ``The plastic and other debris are skimmed 
off and sent to recycling facilities'' to ``The plastic is skimmed off 
and sent to recycling facilities.''
    Response 7: Please see Response 3.
    Comment 8: In section V.A.1, the fifth paragraph states that ``The 
lead sulfate paste is passed through a filter press and neutralized 
with hydrated lime to form calcium sulfate . . .'' Doe Run requests 
that this statement be revised to read: ``The lead sulfate paste is 
passed through a filter press . . .''
    Response 8: Please see Response 3.
    Comment 9: Regarding the first paragraph in section V.A.2, Doe Run 
disagrees with EPA's statement that the annual lead emissions from the 
Casteel Mine and the K & D Crushing Operations are ``significant'' to 
the total emissions of 18.34 tons per year. Doe Run further requests a 
change in EPA's statement from ``processing of lead containing rock 
until it becomes wet concentrate that is shipped to other customers,'' 
to ``processing of lead containing rock to produce lead concentrate to 
be shipped to customers.''
    Response 9: The commenter makes two separate comments in its 
``Ninth'' comment per the progression of its comment letter. For 
consistency in numbering, EPA is also addressing these comments 
together.
    Regarding Doe Run's comment that the Casteel Mine and the K & D 
Crushing Operations are not ``significant'' to the total emissions of 
18.34 tons per year, EPA disagrees. In Section 3, Emissions Inventory, 
of Missouri's attainment SIP, four facilities, including the Casteel 
Mine and K & D Crushing, are listed that reported more than 0.01 tpy 
lead for inventory years 2009 through 2011. Missouri has determined 
that these facilities are significant and required modeling in order to 
determine their impacts at the monitor. This comment does not 
substantively impact the decision to approve the attainment SIP, and 
EPA is therefore not changing its proposed action based on this 
comment.
    As summarized above, Doe Run has commented on the wording of the 
third sentence in the first paragraph of section V.A.2. Please see 
Response 1.
    Comment 10: In the third paragraph of section V.A.2, EPA states 
that ``At the Buick Mine and Mill, ore is hauled from the active mining 
faces to a central crusher where it is crushed . . .'' Doe Run requests 
this sentence to be revised to state, ``At the Buick Mine and Mill, ore 
is hauled from the active mining faces to an underground central 
crusher where it is crushed . . .''
    Additionally, in this same paragraph, EPA states that ``After being 
crushed aboveground to less than \5/8\-inch in size, the ore subjected 
to wet milling and grinding with rods and ball mills . . .'' Doe Run 
has requested the word ``is'' to be inserted between ``ore'' and 
``subjected.''
    Response 10: Please see Response 1.
    Comment 11: In the fourth paragraph of section V.A.2., EPA states 
``As stated above, the Herculaneum facility ceased operations smelting 
operations in December 2013; thus, the concentrate is shipped overseas 
to primary lead smelting operations or other customers.'' Doe Run 
requests this sentence be revised to state ``As stated above, the 
Herculaneum facility ceased smelting operations in December 2013; thus, 
the concentrate is shipped overseas to customers' primary lead smelting 
operations or other customers.''
    Response 11: Please see Response 1.
    Comment 12: Doe Run commented that ``mg/m\3\'' had been incorrectly 
used in the proposal instead of ``[micro]g/m\3\'' throughout the 
document.
    Response 12: EPA checked the Federal Register proposed rule at 
http://www.regulations.gov/#!documentDetail;D=EPA-R07-OAR-2015-0223-
0001 and found that the correct units, [micro]g/m\3\, were used. No 
change is necessary.
    Comment 13: Section V.D.f. states that ``By February 4, 2013, 
install a dry lime SO2 scrubber to further process gases as 
they exit the pulse-jet baghouse . . .'' Doe Run comments that this 
statement does not accurately reflect the language of the Consent 
Decree and it should read ``By February 4, 2013, install a dry lime 
SO2 scrubber to further process the exit gas stream before 
routing reverberatory furnace process to the main stack.''
    Response 13: EPA agrees but notes that the requirement is not in 
the Consent Decree but rather is found in paragraph V, item 6.F. of the 
2013 Consent Judgment (appendix M of the attainment SIP). As stated in 
the proposal, Section V.D. contains a brief discussion of the control 
measures. This comment further describes those control measures, but 
does not substantively impact the decision to approve the attainment 
SIP, and EPA is therefore not changing its proposed action based on 
this comment.
    Comment 14: Doe Run comments that section V.D.i. references item 
a.; however, it should reference item b.
    Response 14: EPA agrees. EPA notes that Section 5.1, Consent 
Judgment Measures, of Missouri's attainment SIP also references item A. 
However, as depicted in the process flow diagram on page A-7 in 
Appendix A of Missouri's attainment SIP, for the reverberatory furnace, 
EPA notes that Doe Run is correct; the Dry Scrubber Baghouse CD37 
follows the exit gases from the reverberatory furnace and is not part 
of the South Refinery described in item a. (depicted on page A-9 of 
Missouri's attainment SIP). This comment does not substantively impact 
the decision to approve the attainment SIP, and EPA is therefore not 
changing its proposed action based on this comment.
    Comment 15: Section V.D.j. states that ``By October 31, 2014, 
install ``batwing'' style ventilation covers to improve . . .'' Doe Run 
requests that this language be revised to state ``By October 31, 2014, 
install ``batwing'' style ventilation covers, or covers with equivalent 
or better capture efficiency to improve . . .''
    Response 15: As stated in the proposal, Section V.D. contains a 
brief discussion of the control measures. This comment further 
describes those control measures, but does not substantively

[[Page 52193]]

impact the decision to approve the attainment SIP, and EPA is therefore 
not changing its proposed action based on this comment.
    Comment 16: The fourth paragraph of section V. E. refers to the 
``mines and mills.'' The statement should be revised to refer 
specifically to the ``Buick Mine and Mill and the Casteel Mine.''
    Response 16: Please see Response 1.
    Comment 17: In section V.H.a., EPA states that the negative 
pressure requirement is in ``inches Hg.'' Doe Run comments that the 
correct units are ``mm Hg.''
    Response 17: Please see Response 1.
    Comment 18: Doe Run requests EPA to refer in the first paragraph of 
section VI.B.to the limits of Missouri regulation 10-6.120 as ``175,000 
tons of refined lead per year.'' Also, Doe Run comments that in section 
VI.B. the proposal should consistently refer to ``lead'' rather than 
``Pb.''
    Response 18: With regard to 10 CSR 10-6.120, please see Response 5. 
With regard to the use the words ``lead'' and ``Pb,'' interchangeably, 
please see Response 1.
    Comment 19: In the third paragraph of section VI.B., EPA states 
that ``The modeled total emissions in the attainment demonstration SIP 
are 176,482 tons of Pb produced per year.'' Doe Run requests that this 
sentence be revised to state ``The modeled total emissions in the 
attainment demonstration SIP are based on 176,482 tons of refined lead 
produced per year.''
    Response 19: EPA agrees that the sentence should indicate that the 
``modeled total emissions in the attainment demonstration SIP are based 
on 176,482 tons of lead produced per year. As discussed above in 
Responses 5 and 18, the language ``refined'' is not found in the 
Missouri regulation.

IV. What action is EPA taking?

    EPA is taking final action to amend the Missouri SIP to approve 
Missouri's SIP for the Buick/Viburnum Trend lead NAAQS nonattainment 
area near Boss, Missouri. The applicable standard addressed in this 
action is the lead NAAQS promulgated by EPA in 2008 (73 FR 66964). EPA 
is also granting final approval to portions of a revision to the State 
of Missouri CSR 10-6.120, ``Restriction of Emissions of Lead from 
Specific Lead Smelter-Refinery Installations''.

Incorporation by Reference

    In this action, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, EPA is finalizing the incorporation by reference of Missouri 
Rule 10 CSR 10-6.120 (with the exclusions of Paragraph 10-6.120 
(3)(B)1. and Table 1, and the 0.00087 gr/dscf main stack emissions 
limit for BRRF) described in the amendments to 40 CFR part 52 set forth 
below. EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review under Executive Orders 12866 and 13563 (76 FR 3821, 
January 21, 2011). This action is also not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
action merely approves state law as meeting Federal requirements and 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rulemaking will not 
have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
Because this rulemaking would approve pre-existing requirements under 
state law and does not impose any additional enforceable duty beyond 
that required by state law, it 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).
    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).
    This action also does not have Federalism implications because it 
does not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). Thus Executive Order 13132 does not apply to this action. 
This action merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the CAA. This rulemaking also 
is not subject to Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997) because it approves a state rule implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a state submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA when it reviews a state 
submission, to use VCS in place of a state submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This action does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Burden is defined at 5 
CFR 1320.3(b).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this proposed rule 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register.
    A major rule cannot take effect until 60 days after it is published 
in the Federal Register. This action is not a ``major rule'' as defined 
by 5 U.S.C. 804(2).
    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 October 27, 2015. Filing a petition for 
reconsideration by the Administrator of this proposed rule does not 
affect the finality of this rulemaking 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

[[Page 52194]]

postpone the effectiveness of such future rule or action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 18, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 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 amend the table in paragraph (c) by revising the 
entry for Missouri Rule 10 CSR 10-6.120 and the table in paragraph (d) 
by adding entry (29) to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                     State effective
       Missouri citation                Title              date        EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
10-6.120.......................  Restriction of             3/30/09   8/28/15 and         Paragraph (3)(B)1 and
                                  Emissions of Lead                    [Insert Federal     Table, Provision
                                  from Specific                        Register            Pertaining to
                                  Lead Smelter-                        citation].          Limitations of Lead
                                  Refinery                                                 Emissions from
                                  Installations.                                           Specific
                                                                                           Installations, have
                                                                                           not been approved as
                                                                                           a part of the SIP.
                                                                                          The requirement to
                                                                                           limit main stack lead
                                                                                           emissions at BRRF to
                                                                                           0.00087 gr/dscf lead
                                                                                           in Paragraph (3)(B)2
                                                                                           has not been approved
                                                                                           as a part of the SIP.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (d) * * *

                            EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
                                                            State
         Name of source           Order/permit number  effective date    EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(29) Doe Run Buick Resource       Consent Judgment            7/29/13  8/28/15 [Insert       ...................
 Recycling Facility.               13IR-CC00016.                        Federal Register
                                                                        citation]
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-21199 Filed 8-27-15; 8:45 am]
BILLING CODE 6560-50-P



                                           52190              Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Rules and Regulations

                                           power and responsibilities among the                    12. Energy Effects                                    § 165.T08–0540 Safety Zone; Upper
                                           various levels of government. We have                                                                         Mississippi River between MM 180.0 and
                                           analyzed this rule under that Order and                   This action is not a ‘‘significant                  180.5; St. Louis, MN.
                                           determined that this rule does not have                 energy action’’ under Executive Order                   (a) Location. The following area is a
                                           implications for federalism.                            13211, Actions Concerning Regulations                 safety zone: All waters of the Upper
                                                                                                   That Significantly Affect Energy Supply,              Mississippi River between MM 180.0
                                           6. Protest Activities                                   Distribution, or Use.                                 and 180.5, St. Louis, MO, extending the
                                             The Coast Guard respects the First                                                                          entire width of the river.
                                                                                                   13. Technical Standards
                                           Amendment rights of protesters.                                                                                  (b) Effective dates. This rule is
                                           Protesters are asked to contact the                       This rule does not use technical                    effective from 9:30 p.m. to 10:30 p.m. on
                                           person listed in the FOR FURTHER                        standards. Therefore, we did not                      August 29, 2015.
                                           INFORMATION CONTACT section to                          consider the use of voluntary consensus                  (c) Regulations. (1) In accordance with
                                           coordinate protest activities so that your              standards.                                            the general regulations in § 165.23 of
                                           message can be received without                                                                               this part, entry into, movement within,
                                           jeopardizing the safety or security of                  14. Environment                                       or departure from this zone is
                                           people, places or vessels.                                                                                    prohibited unless authorized by the
                                                                                                      We have analyzed this rule under                   COTP Upper Mississippi River or a
                                           7. Unfunded Mandates Reform Act                         Department of Homeland Security                       designated representative.
                                             The Unfunded Mandates Reform Act                      Management Directive 023–01 and                          (2) Persons or vessels requiring entry
                                           of 1995 (2 U.S.C. 1531–1538) requires                   Commandant Instruction M16475.lD,                     into, departure from, or movement
                                           Federal agencies to assess the effects of               which guide the Coast Guard in                        within a regulated area must request
                                           their discretionary regulatory actions. In              complying with the National                           permission from the COTP Upper
                                           particular, the Act addresses actions                   Environmental Policy Act of 1969                      Mississippi River or a designated
                                           that may result in the expenditure by a                 (NEPA) (42 U.S.C. 4321–4370f), and                    representative. They may be contacted
                                           State, local, or tribal government, in the              have determined that this action is one               on VHF–FM Channel 16, or through
                                           aggregate, or by the private sector of                  of a category of actions that do not                  Coast Guard Sector Upper Mississippi
                                           $100,000,000 (adjusted for inflation) or                individually or cumulatively have a                   River at (314) 269–2332.
                                           more in any one year. Though this rule                  significant effect on the human                          (3) All persons and vessels shall
                                           will not result in such an expenditure,                 environment. This rule involves                       comply with the instruction of the
                                           we do discuss the effects of this rule                  establishment of a temporary safety                   COTP Upper Mississippi River and
                                           elsewhere in this preamble.                             zone to protect persons and property                  designated on-scene personnel.
                                                                                                   from potential hazards associated with                   (d) Informational Broadcasts. The
                                           8. Taking of Private Property                           the scheduled Lumiere Place Fireworks                 COTP Upper Mississippi River or a
                                             This rule will not cause a taking of                  display taking place on or over the                   designated representative will inform
                                           private property or otherwise have                      Upper Mississippi River. This rule is                 the public through Broadcast Notice to
                                           taking implications under Executive                     categorically excluded from further                   Mariners, Local Notice to Mariners,
                                           Order 12630, Governmental Actions and                   review under paragraph 34(g) of Figure                and/or Safety Marine Information
                                           Interference with Constitutionally                      2–1 of the Commandant Instruction. An                 Broadcasts as appropriate of the
                                           Protected Property Rights.                              environmental analysis checklist                      enforcement period for each safety zone
                                                                                                   supporting this determination and a                   as well as any changes in the planned
                                           9. Civil Justice Reform                                 Categorical Exclusion Determination are               and published dates and times of
                                             This rule meets applicable standards                  available in the docket where indicated               enforcement.
                                           in sections 3(a) and 3(b)(2) of Executive               under ADDRESSES. We seek any                            Dated: August 13, 2015.
                                           Order 12988, Civil Justice Reform, to                   comments or information that may lead
                                                                                                                                                         M.L. Malloy,
                                           minimize litigation, eliminate                          to the discovery of a significant
                                                                                                                                                         Captain, U.S. Coast Guard, Captain of the
                                           ambiguity, and reduce burden.                           environmental impact from this rule.
                                                                                                                                                         Port Sector Upper Mississippi River.
                                           10. Protection of Children                              List of Subjects in 33 CFR Part 165                   [FR Doc. 2015–21373 Filed 8–27–15; 8:45 am]
                                                                                                                                                         BILLING CODE 9110–04–P
                                             We have analyzed this rule under                        Harbors, Marine safety, Navigation
                                           Executive Order 13045, Protection of                    (water), Reporting and recordkeeping
                                           Children from Environmental Health                      requirements, Security measures,
                                           Risks and Safety Risks. This rule is not                                                                      ENVIRONMENTAL PROTECTION
                                                                                                   Waterways.                                            AGENCY
                                           an economically significant rule and
                                           does not create an environmental risk to                  For the reasons discussed in the
                                                                                                   preamble, the Coast Guard amends 33                   40 CFR Part 52
                                           health or risk to safety that may
                                           disproportionately affect children.                     CFR part 165 as follows:                              [EPA–R07–OAR–2015–0223; FRL–9933–09–
                                                                                                                                                         Region 7]
                                           11. Indian Tribal Governments                           PART 165—REGULATED NAVIGATION
                                              This rule does not have tribal                       AREAS AND LIMITED ACCESS AREAS                        Approval and Promulgation of Air
                                           implications under Executive Order                                                                            Quality Implementation Plans;
                                           13175, Consultation and Coordination                    ■ 1. The authority citation for part 165              Missouri; 2013 Missouri State
                                           with Indian Tribal Governments,                         continues to read as follows:                         Implementation Plan for the 2008 Lead
                                           because it does not have a substantial                                                                        Standard
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                                                                                                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                           direct effect on one or more Indian                     33 CFR 1.05–1, 6.04–1, 6.04–6, AND 160.5;             AGENCY:  Environmental Protection
                                           tribes, on the relationship between the                 Department of Homeland Security Delegation            Agency (EPA).
                                           Federal Government and Indian tribes,                   No. 0170.1.                                           ACTION: Final rule.
                                           or on the distribution of power and
                                           responsibilities between the Federal                    ■ 2. Temporary § 165.T08–0540 is                      SUMMARY: The Environmental Protection
                                           Government and Indian tribes.                           added to read as follows:                             Agency (EPA) is taking final action to


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                                                              Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Rules and Regulations                                        52191

                                           approve a revision to the State                         (913) 551–7719, or by email at                        nomenclature is incorrectly stated as
                                           Implementation Plan (SIP) for the State                 doolan.stephanie@epa.gov.                             ‘‘the Doe Run Buick Resource Recycling
                                           of Missouri. This final action will                     SUPPLEMENTARY INFORMATION:                            Facility (BRRF)’’ and requests EPA to
                                           approve Missouri’s SIP for the Buick/                   Throughout this document ‘‘we,’’ ‘‘us,’’              correct the nomenclature to use ‘‘The
                                           Viburnum Trend lead National Ambient                    or ‘‘our’’ refer to EPA. This section                 Buick Resource Recycling Facility
                                           Air Quality Standard (NAAQS)                            provides additional information by                    (BRRF)’’ throughout.
                                           nonattainment area near Boss, Missouri.                 addressing the following:                                Response 1: This comment
                                           EPA proposed approval of this plan on                                                                         recommends typographical corrections
                                                                                                   I. What is being addressed in this document?
                                           June 1, 2015. The applicable standard                   II. Have the requirements for approval of a           to the proposed rule that EPA has not
                                           addressed in this action is the lead                          SIP revision been met?                          relied upon in its decision making for
                                           NAAQS promulgated by EPA in 2008.                       III. EPA’s Response to Comments                       this final action, and EPA is therefore
                                           EPA believes Missouri’s SIP satisfies the               IV. What action is EPA taking?                        not changing its final action based on
                                           applicable requirements of the Clean Air                                                                      this comment.
                                                                                                   I. What is being addressed in this                       Comment 2: Doe Run states that the
                                           Act (CAA) identified in EPA’s 2008                      document?
                                           Final Rule and will bring the area into                                                                       heading for section V.A.1. in the
                                           attainment of the 0.15 micrograms per                      In this document, EPA is granting                  proposal is titled ‘‘BRRF Process
                                           cubic meter (ug/m3) lead NAAQS in the                   final approval of Missouri’s SIP for the              Description,’’ but that it contains both
                                           Buick/Viburnum Trend, Missouri area.                    lead NAAQS nonattainment area of                      the BRRF process description and a
                                                                                                   Buick/Viburnum Trend. The applicable                  discussion of the mine activities. Doe
                                              In this action, EPA is also finalizing
                                                                                                   standard addressed in this action is the              Run requests that the section be retitled
                                           its approval of a revision to the Missouri
                                                                                                   lead NAAQS promulgated by EPA in                      as ‘‘Buick/Viburnum Trend Process
                                           SIP to incorporate an amendment to an
                                                                                                   2008 (73 FR 66964). EPA is also granting              Description.’’
                                           existing Missouri regulation to restrict                                                                         Response 2: See Response 1.
                                                                                                   final approval to portions of a revision
                                           lead emissions from specific sources.                                                                            Comment 3: Doe Run notes that
                                                                                                   to the State of Missouri Code of State
                                           The amendment revises certain                                                                                 section V.A.1. states ‘‘BRRF operates as
                                                                                                   Regulations (CSR) 10–6.120,
                                           throughput and emissions limits                                                                               a secondary smelter of lead, lead-
                                                                                                   ‘‘Restriction of Emissions of Lead from
                                           applicable to the Buick Resource                                                                              containing materials including spent
                                                                                                   Specific Lead Smelter-Refinery
                                           Recycling Facility (BRRF) in the Buick/                                                                       lead acid batteries, lead bullets and
                                                                                                   Installations’’. This revision pertains to
                                           Viburnum Trend lead nonattainment                                                                             shot, lead-containing glass from cathode
                                                                                                   throughput limits applicable to the
                                           area. Approval of this rule ensures                                                                           ray tubes, and lead-based paint chips
                                                                                                   BRRF, which is the primary source of
                                           consistency between the state and                                                                             from lead abatement projects.’’ Doe Run
                                                                                                   lead emissions in the Buick/Viburnum
                                           Federally-approved rules, and ensures                                                                         requests that the statement be revised to
                                                                                                   Trend nonattainment area. EPA’s
                                           Federal enforceability of the revised                                                                         more accurately reflect the facility
                                                                                                   proposal containing the background
                                           state rule.                                                                                                   operations by stating that ‘‘BRRF
                                                                                                   information for this action can be found
                                           DATES:This final rule is effective on                   at 80 FR 30965, June 1, 2015.                         operates as a secondary lead smelter of
                                           September 28, 2015.                                                                                           lead, utilizing lead-containing materials
                                                                                                   II. Have the requirements for approval                including spent lead acid batteries, lead
                                           ADDRESSES:    EPA has established a                     of a SIP revision been met?                           bullets and shot, lead-containing glass
                                           docket for this action under Docket ID
                                                                                                      The state submission has met the                   from cathode ray tubes, lead-based paint
                                           No. EPA–R07–OAR–2015–0223. All
                                                                                                   public notice requirements for SIP                    chips from lead abatement projects, and
                                           documents in the docket are listed on
                                                                                                   submissions in accordance with 40 CFR                 other lead bearing materials.’’
                                           the www.regulations.gov Web site.                                                                                Response 3: EPA notes that the
                                           Although listed in the index, some                      51.102. The submission also satisfied
                                                                                                   the completeness criteria of 40 CFR part              process information provided in section
                                           information is not publicly available,                                                                        V of the proposal was reproduced from
                                           i.e., CBI or other information whose                    51, appendix V. In addition, as
                                                                                                   explained above and in more detail in                 Missouri’s attainment SIP which was
                                           disclosure is restricted by statute.                                                                          made available for a 30-day public
                                           Certain other material, such as                         the technical support document which
                                                                                                   is part of the docket, the revision meets             comment period before the document
                                           copyrighted material, is not placed on                                                                        was submitted to EPA. EPA appreciates
                                           the Internet and will be publicly                       the substantive SIP requirements of the
                                                                                                   CAA, including Section 110 and                        this comment as it clarifies process-
                                           available only in hard copy form.                                                                             related information. However, this
                                           Publicly available docket materials are                 implementing regulations.
                                                                                                                                                         comment does not substantively impact
                                           available either electronically through                 III. EPA’s Response to Comments                       the decision to approve the attainment
                                           www.regulations.gov or at the                              The public comment period on EPA’s                 SIP, and EPA is therefore not changing
                                           Environmental Protection Agency, Air                    proposed rule opened June 1, 2015, the                its proposed action based on this
                                           Planning and Development Branch,                        date of its publication in the Federal                comment.
                                           11201 Renner Boulevard, Lenexa,                         Register, and closed on July 1, 2015.                    Comment 4: Doe Run notes that in the
                                           Kansas 66219. The Regional Office’s                     During this period, EPA received one                  first paragraph of section V.A.1., EPA
                                           official hours of business are Monday                   comment letter from the Doe Run                       states that ‘‘Crushed and concentrated
                                           through Friday, 8 a.m. to 4:30 p.m.,                    Resource Recycling Division dated July                lead containing ore was formerly
                                           excluding Federal holidays. The                         1, 2015. The comment letter and EPA’s                 processed at the Herculaneum primary
                                           interested persons wanting to examine                   responses are summarized below.                       lead smelter, but since that facility
                                           these documents should make an                             Comment 1: The commenter states                    ceased primary lead smelting in
                                           appointment with the office at least 24                 that in the June 1, 2015, proposed                    December 2013, the ore gets shipped out
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                                           hours in advance.                                       approval that the nomenclature for the                of the U.S. for overseas processing.’’ Doe
                                           FOR FURTHER INFORMATION CONTACT:                        Buick/Viburnum Trend nonattainment                    Run requests this statement to instead
                                           Stephanie Doolan, Environmental                         area is inconsistent. Doe Run requests                read, ‘‘The processed ore, called lead
                                           Protection Agency, Air Planning and                     that the term ‘‘Buick/Viburnum Trend’’                concentrate was formerly processed at
                                           Development Branch, 11201 Renner                        be used throughout. Doe Run also states               the Herculaneum primary lead smelter,
                                           Boulevard, Lenexa, Kansas 66219 at                      that the secondary lead smelter                       but since that facility ceased primary


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                                           52192              Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Rules and Regulations

                                           lead smelting in December 2013, the                     containing rock to produce lead                       in the proposal instead of ‘‘mg/m3’’
                                           lead concentrate is currently shipped                   concentrate to be shipped to                          throughout the document.
                                           out of the U.S. for overseas processing.’’              customers.’’                                             Response 12: EPA checked the
                                              Response 4: Please see Response 3.                      Response 9: The commenter makes                    Federal Register proposed rule at
                                              Comment 5: Doe Run requests that                     two separate comments in its ‘‘Ninth’’                http://www.regulations.gov/
                                           EPA revise the third paragraph of                       comment per the progression of its                    #!documentDetail;D=EPA-R07-OAR-
                                           section V.A.1. from ‘‘BRRF’s production                 comment letter. For consistency in                    2015-0223-0001 and found that the
                                           is limited to 175,000 tons of total lead                numbering, EPA is also addressing these               correct units, mg/m3, were used. No
                                           production each year . . .’’ to ‘‘175,000               comments together.                                    change is necessary.
                                           tons of total refined lead production per                  Regarding Doe Run’s comment that                      Comment 13: Section V.D.f. states that
                                           year . . .’’                                            the Casteel Mine and the K & D                        ‘‘By February 4, 2013, install a dry lime
                                              Response 5: EPA disagrees. Section                   Crushing Operations are not                           SO2 scrubber to further process gases as
                                           V.A.1. refers to the lead production                    ‘‘significant’’ to the total emissions of             they exit the pulse-jet baghouse . . .’’
                                           limit in Missouri regulation 10 Code of                 18.34 tons per year, EPA disagrees. In                Doe Run comments that this statement
                                           State Regulation (CSR) 10–6.120, which                  Section 3, Emissions Inventory, of                    does not accurately reflect the language
                                           states that ‘‘This installation [BRRF]                  Missouri’s attainment SIP, four                       of the Consent Decree and it should read
                                           shall limit total lead production to one                facilities, including the Casteel Mine                ‘‘By February 4, 2013, install a dry lime
                                           hundred seventy-five thousand                           and K & D Crushing, are listed that                   SO2 scrubber to further process the exit
                                           (175,000) tons per year.’’ 10 CSR 10–                   reported more than 0.01 tpy lead for                  gas stream before routing reverberatory
                                           6.120 does not make a distinction                       inventory years 2009 through 2011.                    furnace process to the main stack.’’
                                           between total lead production and total                 Missouri has determined that these                       Response 13: EPA agrees but notes
                                           refined lead production.                                facilities are significant and required               that the requirement is not in the
                                              Comment 6: In paragraph three of                     modeling in order to determine their                  Consent Decree but rather is found in
                                           section V.A.1., EPA states that ‘‘Spent                 impacts at the monitor. This comment                  paragraph V, item 6.F. of the 2013
                                           batteries are stored in a battery bunker                does not substantively impact the                     Consent Judgment (appendix M of the
                                           until processed in a shredder.’’ Doe Run                decision to approve the attainment SIP,               attainment SIP). As stated in the
                                           requests that the statement read: ‘‘Spent               and EPA is therefore not changing its                 proposal, Section V.D. contains a brief
                                           batteries are stored in the containerized               proposed action based on this comment.                discussion of the control measures. This
                                           storage area until processed in the                        As summarized above, Doe Run has                   comment further describes those control
                                           battery shredder.’’                                     commented on the wording of the third                 measures, but does not substantively
                                              Response 6: Please see Response 3.                   sentence in the first paragraph of section            impact the decision to approve the
                                              Comment 7: In section V.A.1., EPA                    V.A.2. Please see Response 1.                         attainment SIP, and EPA is therefore not
                                           states that ‘‘The batteries further                        Comment 10: In the third paragraph of              changing its proposed action based on
                                           undergo a separation process under                      section V.A.2, EPA states that ‘‘At the               this comment.
                                           which the lead and metal parts are                      Buick Mine and Mill, ore is hauled from                  Comment 14: Doe Run comments that
                                           separated from the plastic and other                    the active mining faces to a central                  section V.D.i. references item a.;
                                           debris.’’ Doe Run requests that this                    crusher where it is crushed . . .’’ Doe               however, it should reference item b.
                                           statement be revised as follows: ‘‘The                  Run requests this sentence to be revised                 Response 14: EPA agrees. EPA notes
                                           batteries further undergo a separation                  to state, ‘‘At the Buick Mine and Mill,               that Section 5.1, Consent Judgment
                                           process under which the lead and metal                  ore is hauled from the active mining                  Measures, of Missouri’s attainment SIP
                                           parts are separated from the plastic and                faces to an underground central crusher               also references item A. However, as
                                           other materials.’’ Doe Run also requests                where it is crushed . . .’’                           depicted in the process flow diagram on
                                           EPA to change ‘‘The plastic and other                      Additionally, in this same paragraph,              page A–7 in Appendix A of Missouri’s
                                           debris are skimmed off and sent to                      EPA states that ‘‘After being crushed                 attainment SIP, for the reverberatory
                                           recycling facilities’’ to ‘‘The plastic is              aboveground to less than 5⁄8-inch in size,            furnace, EPA notes that Doe Run is
                                           skimmed off and sent to recycling                       the ore subjected to wet milling and                  correct; the Dry Scrubber Baghouse
                                           facilities.’’                                           grinding with rods and ball mills . . .’’             CD37 follows the exit gases from the
                                              Response 7: Please see Response 3.                   Doe Run has requested the word ‘‘is’’ to              reverberatory furnace and is not part of
                                              Comment 8: In section V.A.1, the fifth               be inserted between ‘‘ore’’ and                       the South Refinery described in item a.
                                           paragraph states that ‘‘The lead sulfate                ‘‘subjected.’’                                        (depicted on page A–9 of Missouri’s
                                           paste is passed through a filter press and                 Response 10: Please see Response 1.                attainment SIP). This comment does not
                                           neutralized with hydrated lime to form                     Comment 11: In the fourth paragraph                substantively impact the decision to
                                           calcium sulfate . . .’’ Doe Run requests                of section V.A.2., EPA states ‘‘As stated             approve the attainment SIP, and EPA is
                                           that this statement be revised to read:                 above, the Herculaneum facility ceased                therefore not changing its proposed
                                           ‘‘The lead sulfate paste is passed                      operations smelting operations in                     action based on this comment.
                                           through a filter press . . .’’                          December 2013; thus, the concentrate is                  Comment 15: Section V.D.j. states that
                                              Response 8: Please see Response 3.                   shipped overseas to primary lead                      ‘‘By October 31, 2014, install ‘‘batwing’’
                                              Comment 9: Regarding the first                       smelting operations or other                          style ventilation covers to improve
                                           paragraph in section V.A.2, Doe Run                     customers.’’ Doe Run requests this                    . . .’’ Doe Run requests that this
                                           disagrees with EPA’s statement that the                 sentence be revised to state ‘‘As stated              language be revised to state ‘‘By October
                                           annual lead emissions from the Casteel                  above, the Herculaneum facility ceased                31, 2014, install ‘‘batwing’’ style
                                           Mine and the K & D Crushing                             smelting operations in December 2013;                 ventilation covers, or covers with
                                           Operations are ‘‘significant’’ to the total             thus, the concentrate is shipped                      equivalent or better capture efficiency to
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                                           emissions of 18.34 tons per year. Doe                   overseas to customers’ primary lead                   improve . . .’’
                                           Run further requests a change in EPA’s                  smelting operations or other                             Response 15: As stated in the
                                           statement from ‘‘processing of lead                     customers.’’                                          proposal, Section V.D. contains a brief
                                           containing rock until it becomes wet                       Response 11: Please see Response 1.                discussion of the control measures. This
                                           concentrate that is shipped to other                       Comment 12: Doe Run commented                      comment further describes those control
                                           customers,’’ to ‘‘processing of lead                    that ‘‘mg/m3’’ had been incorrectly used              measures, but does not substantively


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                                                              Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Rules and Regulations                                       52193

                                           impact the decision to approve the                      incorporation by reference of Missouri                implementing a Federal standard, and
                                           attainment SIP, and EPA is therefore not                Rule 10 CSR 10–6.120 (with the                        does not alter the relationship or the
                                           changing its proposed action based on                   exclusions of Paragraph 10–6.120                      distribution of power and
                                           this comment.                                           (3)(B)1. and Table 1, and the 0.00087 gr/             responsibilities established in the CAA.
                                              Comment 16: The fourth paragraph of                  dscf main stack emissions limit for                   This rulemaking also is not subject to
                                           section V. E. refers to the ‘‘mines and                 BRRF) described in the amendments to                  Executive Order 13045, ‘‘Protection of
                                           mills.’’ The statement should be revised                40 CFR part 52 set forth below. EPA has               Children from Environmental Health
                                           to refer specifically to the ‘‘Buick Mine               made, and will continue to make, these                Risks and Safety Risks’’ (62 FR 19885,
                                           and Mill and the Casteel Mine.’’                        documents generally available                         April 23, 1997) because it approves a
                                              Response 16: Please see Response 1.                  electronically through                                state rule implementing a Federal
                                              Comment 17: In section V.H.a., EPA                   www.regulations.gov and/or at the                     standard.
                                           states that the negative pressure                       appropriate EPA office (see the                          In reviewing SIP submissions, EPA’s
                                           requirement is in ‘‘inches Hg.’’ Doe Run                ADDRESSES section of this preamble for                role is to approve state choices,
                                           comments that the correct units are                     more information).                                    provided that they meet the criteria of
                                           ‘‘mm Hg.’’                                                                                                    the CAA. In this context, in the absence
                                              Response 17: Please see Response 1.                  Statutory and Executive Order Reviews
                                                                                                                                                         of a prior existing requirement for the
                                              Comment 18: Doe Run requests EPA                        Under Executive Order 12866 (58 FR                 State to use voluntary consensus
                                           to refer in the first paragraph of section              51735, October 4, 1993), this action is               standards (VCS), EPA has no authority
                                           VI.B.to the limits of Missouri regulation               not a ‘‘significant regulatory action’’ and           to disapprove a state submission for
                                           10–6.120 as ‘‘175,000 tons of refined                   therefore is not subject to review under              failure to use VCS. It would thus be
                                           lead per year.’’ Also, Doe Run comments                 Executive Orders 12866 and 13563 (76                  inconsistent with applicable law for
                                           that in section VI.B. the proposal should               FR 3821, January 21, 2011). This action               EPA when it reviews a state submission,
                                           consistently refer to ‘‘lead’’ rather than              is also not subject to Executive Order                to use VCS in place of a state
                                           ‘‘Pb.’’                                                 13211, ‘‘Actions Concerning Regulations               submission that otherwise satisfies the
                                              Response 18: With regard to 10 CSR                   That Significantly Affect Energy Supply,
                                                                                                                                                         provisions of the CAA. Thus, the
                                           10–6.120, please see Response 5. With                   Distribution, or Use’’ (66 FR 28355, May
                                                                                                                                                         requirements of section 12(d) of the
                                           regard to the use the words ‘‘lead’’ and                22, 2001). This action merely approves
                                                                                                                                                         National Technology Transfer and
                                           ‘‘Pb,’’ interchangeably, please see                     state law as meeting Federal
                                                                                                                                                         Advancement Act of 1995 (15 U.S.C.
                                           Response 1.                                             requirements and imposes no additional
                                                                                                                                                         272 note) do not apply. This action does
                                              Comment 19: In the third paragraph of                requirements beyond those imposed by
                                                                                                                                                         not impose an information collection
                                           section VI.B., EPA states that ‘‘The                    state law. Accordingly, the
                                                                                                                                                         burden under the provisions of the
                                           modeled total emissions in the                          Administrator certifies that this
                                                                                                                                                         Paperwork Reduction Act of 1995 (44
                                           attainment demonstration SIP are                        rulemaking will not have a significant
                                                                                                                                                         U.S.C. 3501 et seq.). Burden is defined
                                           176,482 tons of Pb produced per year.’’                 economic impact on a substantial
                                                                                                   number of small entities under the                    at 5 CFR 1320.3(b).
                                           Doe Run requests that this sentence be
                                                                                                   Regulatory Flexibility Act (5 U.S.C. 601                 The Congressional Review Act, 5
                                           revised to state ‘‘The modeled total
                                                                                                   et seq.). Because this rulemaking would               U.S.C. 801 et seq., as added by the Small
                                           emissions in the attainment
                                                                                                   approve pre-existing requirements                     Business Regulatory Enforcement
                                           demonstration SIP are based on 176,482
                                                                                                   under state law and does not impose                   Fairness Act of 1996, generally provides
                                           tons of refined lead produced per year.’’
                                              Response 19: EPA agrees that the                     any additional enforceable duty beyond                that before a rule may take effect, the
                                           sentence should indicate that the                       that required by state law, it does not               agency promulgating the rule must
                                           ‘‘modeled total emissions in the                        contain any unfunded mandate or                       submit a rule report, which includes a
                                           attainment demonstration SIP are based                  significantly or uniquely affect small                copy of the rule, to each House of the
                                           on 176,482 tons of lead produced per                    governments, as described in the                      Congress and to the Comptroller General
                                           year. As discussed above in Responses                   Unfunded Mandates Reform Act of 1995                  of the United States. EPA will submit a
                                           5 and 18, the language ‘‘refined’’ is not               (Pub. L. 104–4).                                      report containing this proposed rule and
                                           found in the Missouri regulation.                          The SIP is not approved to apply on                other required information to the U.S.
                                                                                                   any Indian reservation land or in any                 Senate, the U.S. House of
                                           IV. What action is EPA taking?                          other area where EPA or an Indian tribe               Representatives, and the Comptroller
                                              EPA is taking final action to amend                  has demonstrated that a tribe has                     General of the United States prior to
                                           the Missouri SIP to approve Missouri’s                  jurisdiction. In those areas of Indian                publication of the rule in the Federal
                                           SIP for the Buick/Viburnum Trend lead                   country, the rule does not have tribal                Register.
                                           NAAQS nonattainment area near Boss,                     implications and will not impose                         A major rule cannot take effect until
                                           Missouri. The applicable standard                       substantial direct costs on tribal                    60 days after it is published in the
                                           addressed in this action is the lead                    governments or preempt tribal law as                  Federal Register. This action is not a
                                           NAAQS promulgated by EPA in 2008                        specified by Executive Order 13175 (65                ‘‘major rule’’ as defined by 5 U.S.C.
                                           (73 FR 66964). EPA is also granting final               FR 67249, November 9, 2000).                          804(2).
                                           approval to portions of a revision to the                  This action also does not have                        Under section 307(b)(1) of the CAA,
                                           State of Missouri CSR 10–6.120,                         Federalism implications because it does               petitions for judicial review of this
                                           ‘‘Restriction of Emissions of Lead from                 not have substantial direct effects on the            action must be filed in the United States
                                           Specific Lead Smelter-Refinery                          States, on the relationship between the               Court of Appeals for the appropriate
                                           Installations’’.                                        national government and the States, or                circuit by October 27, 2015. Filing a
                                                                                                   on the distribution of power and                      petition for reconsideration by the
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                                           Incorporation by Reference                              responsibilities among the various                    Administrator of this proposed rule
                                             In this action, EPA is finalizing                     levels of government, as specified in                 does not affect the finality of this
                                           regulatory text that includes                           Executive Order 13132 (64 FR 43255,                   rulemaking for the purposes of judicial
                                           incorporation by reference. In                          August 10, 1999). Thus Executive Order                review nor does it extend the time
                                           accordance with the requirements of 1                   13132 does not apply to this action.                  within which a petition for judicial
                                           CFR 51.5, EPA is finalizing the                         This action merely approves a state rule              review may be filed, and shall not


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                                           52194                 Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Rules and Regulations

                                           postpone the effectiveness of such                               Dated: August 18, 2015.                                      Authority: 42 U.S.C. 7401 et seq.
                                           future rule or action.                                          Mark Hague,
                                                                                                           Acting Regional Administrator, Region 7.                  Subpart AA—Missouri
                                           List of Subjects in 40 CFR Part 52
                                                                                                             For the reasons stated in the                           ■ 2. In § 52. 1320 amend the table in
                                             Environmental protection, Air                                 preamble, EPA amends 40 CFR part 52                       paragraph (c) by revising the entry for
                                           pollution control, Carbon monoxide,                             as set forth below:                                       Missouri Rule 10 CSR 10–6.120 and the
                                           Incorporation by reference,                                                                                               table in paragraph (d) by adding entry
                                           Intergovernmental relations, Nitrogen                           PART 52—APPROVAL AND
                                                                                                           PROMULGATION OF                                           (29) to read as follows:
                                           dioxide, Ozone, Particulate matter,
                                           Reporting and recordkeeping                                     IMPLEMENTATION PLANS                                      § 52.1320    Identification of plan.
                                           requirements, Sulfur oxides, Volatile                           ■ 1. The authority citation for part 52                   *       *    *         *     *
                                           organic compounds.                                              continues to read as follows:                                 (c) * * *

                                                                                                          EPA-APPROVED MISSOURI REGULATIONS
                                                                                                                   State effective
                                                Missouri citation                            Title                                        EPA approval date                                Explanation
                                                                                                                        date

                                                                                                           Missouri Department of Natural Resources


                                                       *                             *                         *                      *                         *                      *                     *

                                            Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
                                                                                                         Missouri


                                                   *                                 *                     *                          *                    *                         *                   *
                                           10–6.120 ........................       Restriction of Emissions           3/30/09        8/28/15 and [Insert            Paragraph (3)(B)1 and Table, Provision Per-
                                                                                    of Lead from Specific                               Federal Register ci-          taining to Limitations of Lead Emissions from
                                                                                    Lead Smelter-Refin-                                 tation].                      Specific Installations, have not been ap-
                                                                                    ery Installations.                                                                proved as a part of the SIP.
                                                                                                                                                                    The requirement to limit main stack lead emis-
                                                                                                                                                                      sions at BRRF to 0.00087 gr/dscf lead in
                                                                                                                                                                      Paragraph (3)(B)2 has not been approved as
                                                                                                                                                                      a part of the SIP.

                                                       *                             *                         *                      *                         *                      *                     *



                                           *       *       *       *           *                               (d) * * *

                                                                                         EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS
                                                                                                                                            State effective
                                                       Name of source                                  Order/permit number                                               EPA approval date               Explanation
                                                                                                                                                 date

                                                                                                           Missouri Department of Natural Resources


                                                     *               *                                   *                *                                     *                  *                         *
                                           (29) Doe Run Buick Resource Re-                    Consent Judgment 13IR–CC00016                           7/29/13   8/28/15 [Insert Federal Register
                                             cycling Facility.                                                                                                    citation]



                                           *       *       *       *           *                           ENVIRONMENTAL PROTECTION                                  SUMMARY:   Michigan applied to the
                                           [FR Doc. 2015–21199 Filed 8–27–15; 8:45 am]                     AGENCY                                                    Environmental Protection Agency (EPA)
                                           BILLING CODE 6560–50–P                                                                                                    for final authorization of certain changes
                                                                                                           40 CFR Part 271                                           to its hazardous waste program under
                                                                                                                                                                     the Resource Conservation and
                                                                                                           [EPA–R05–RCRA–2014–0689; FRL–9933–                        Recovery Act (RCRA). On March 31,
                                                                                                           29—Region 5]                                              2015, EPA published a proposed rule to
                                                                                                                                                                     authorize the changes and opened a
                                                                                                           Michigan: Final Authorization of State                    public comment period under Docket ID
                                                                                                           Hazardous Waste Management                                No. EPA–R05–RCRA–2014–0689. The
Lhorne on DSK5TPTVN1PROD with RULES




                                                                                                           Program Revision                                          comment period closed on June 1, 2015.
                                                                                                                                                                     EPA received no comments on the
                                                                                                           AGENCY: Environmental Protection                          proposed rule. EPA has decided that the
                                                                                                           Agency (EPA).                                             changes to Michigan’s program satisfy
                                                                                                                                                                     all requirements necessary to qualify for
                                                                                                           ACTION:     Final rule.
                                                                                                                                                                     final authorization, and EPA is


                                      VerDate Sep<11>2014      12:56 Aug 27, 2015        Jkt 235001   PO 00000     Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\28AUR1.SGM     28AUR1



Document Created: 2015-12-15 11:04:24
Document Modified: 2015-12-15 11:04:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on September 28, 2015.
ContactStephanie Doolan, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7719, or by email at [email protected]
FR Citation80 FR 52190 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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