81 FR 65897 - Approval of Air Quality Implementation Plans; Missouri State Implementation Plan for the 2008 Lead Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 186 (September 26, 2016)
Federal Register Volume 81, Issue 186 (September 26, 2016)
| Page Range | 65897-65899 | |
| FR Document | 2016-22981 |
[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)] [Rules and Regulations] [Pages 65897-65899] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22981] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2015-0835; FRL 9952-79-Region 7] Approval of Air Quality Implementation Plans; 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 approve a revision to the State Implementation Plan (SIP) for the State of Missouri. This final action will approve Missouri's SIP for the lead National Ambient Air Quality Standard (NAAQS) received by EPA on October 20, 2014. EPA proposed approval of this plan on February 29, 2016. The applicable standard addressed in this action is the lead NAAQS promulgated by EPA in 2008. EPA believes that the SIP submitted by the state satisfies the applicable requirements of the Clean Air Act (CAA) identified in EPA's Final Rule published in the Federal Register on October 15, 2008, and will bring the area surrounding the Exide Technologies Canon Hollow facility in Forest City, Missouri, into attainment of the 0.15 microgram per cubic meter (ug/m\3\) lead NAAQS. DATES: This final rule is effective on October 26, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R07-OAR-2015-0835. All documents in the docket are listed on the http://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 through www.regulations.gov or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional information. 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. Table of Contents 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 to address violations of the lead NAAQS near the Exide Technologies-- Canon Hollow facility in Holt County, Missouri. The applicable standard addressed in this action is the lead NAAQS promulgated by EPA in 2008. The applicable requirements of the CAA identified in EPA's Final Rule (73 FR 66964, October 15, 2008), and will bring the area into compliance with the 0.15 microgram per cubic meter (ug/m\3\) lead NAAQS. EPA's proposal containing the background information for this action can be found at 81 FR 10182, February 29, 2016. II. Have the requirements for the 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, 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 February 29, 2016, the date of its publication in the Federal Register, and closed on March 30, 2016. During this period, EPA received two comments posted anonymously to the Regulations.gov Web site. One comment pertains to mold in indoor air and not the subject of the proposed approval of the SIP revision to address lead in ambient air. Because the comment is anonymous, EPA is unable to contact the commenter directly to offer assistance. However, EPA offers that the commenter may contact Ms. Gina Grier of EPA Region 7 directly at (913) 551-7078 for more information and assistance on the commenter's concerns about mold. The second comment states that he/she is in agreement with EPA's proposed action to approve the revision to the SIP and the commenter offers two suggestions. The first suggestion is to estimate the cost of water washing to clean haul routes on the facility property and the second is a concern that limiting truck traffic on the facility property may reduce the resources purchased in the state of Missouri. EPA's response to the first suggestion regarding water washing to clean the on-site haul routes is that the use of water to remove lead from on-site roads was studied and determined to be a cost-effective and necessary strategy to control lead during the development of the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Secondary Lead Smelters, promulgated January 5, 2012 (77 FR 580). Because the Exide Canon Hollow facility is a secondary lead smelter, it must comply with the requirements of this rule, including, among other things, the requirement to conduct twice daily water washing of on-site haul routes. This cleaning is necessary to control lead-containing dust in order to meet the 2008 lead NAAQS. The NESHAP is related to the NAAQS in that the NESHAP requires attainment of the same 0.15 ug/m\3\ standard for lead at the fenceline. No change has been made to address this suggestion. Regarding the concern that limiting truck traffic may reduce the resources purchased in the state of Missouri, the state and facility arrived at the limitations on truck traffic using EPA's AERMOD computer-based modeling. Truck traffic along haul routes is known to increase the amount of lead-containing dust that becomes re-entrained in ambient air. Modeling was used to estimate the amount of truck traffic along facility haul routes that could be allowed without causing a NAAQS violation at the fenceline. Thus, the limitations are necessary to safeguard the NAAQS level which EPA has determined to be protective of human health and the environment. It also should be noted that the restrictions on truck traffic that are required by the SIP only pertain to traffic on the facility property; there are no limitations on the amount of truck traffic on public roads. No change has been made to address this concern. IV. What action is EPA taking? EPA is taking final action to amend the Missouri SIP to approve the SIP [[Page 65898]] revision for the 2008 lead NAAQS. The applicable standard addressed in this action is the lead NAAQS promulgated by EPA in 2008 (73 FR 66964). Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the EPA- Approved Kansas Source-Specific Requirements. Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully Federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 action 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 proposed 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 November 25, 2016. 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 postpone the effectiveness of such future rule or action. This proposed action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 13, 2016. Mark Hague, 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. Amend Sec. 52.1320 by adding paragraphs (d)(31) and (e)(71) to read as follows: Sec. 52.1320 Identification of Plan (d) * * * [[Page 65899]] EPA-Approved Missouri Source-Specific Permits and Orders ---------------------------------------------------------------------------------------------------------------- State Name of source Order/permit No. effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (31) Exide Technologies Canon Consent Judgment 10/10/14 9/26/16 and [Insert Hollow, MO. 14H0-CC00064. Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * EPA-Approved Missouri Nonregulatory SIP Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State Name of nonregulatory SIP geographic or submittal EPA approval date Explanation provision nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (71) Exide Technologies Forest City......... 10/15/14 9/26/16 and [Insert [EPA-R07-OAR-2015-08 Compliance Plan 2008 lead NAAQS. Federal Register 35; FRL 9952-79- citation]. Region 7]. ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-22981 Filed 9-23-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations 65897
provisions of the Cultural and Heritage CONTACT section for additional Gina Grier of EPA Region 7 directly at
Cooperation Authority (25 U.S.C. information. (913) 551–7078 for more information
3057(b)). FOR FURTHER INFORMATION CONTACT: and assistance on the commenter’s
Dated: July 29, 2016. Stephanie Doolan, Environmental concerns about mold.
Protection Agency, Air Planning and The second comment states that he/
Thomas L. Tidwell,
Development Branch, 11201 Renner she is in agreement with EPA’s
Chief, Forest Service. proposed action to approve the revision
[FR Doc. 2016–22929 Filed 9–23–16; 8:45 am] Boulevard, Lenexa, Kansas 66219 at
to the SIP and the commenter offers two
(913) 551–7719, or by email at
BILLING CODE 3411–15–P suggestions. The first suggestion is to
doolan.stephanie@epa.gov.
estimate the cost of water washing to
SUPPLEMENTARY INFORMATION:
clean haul routes on the facility
Throughout this document ‘‘we,’’ ‘‘us,’’ property and the second is a concern
ENVIRONMENTAL PROTECTION or ‘‘our’’ refer to EPA.
AGENCY that limiting truck traffic on the facility
Table of Contents property may reduce the resources
40 CFR Part 52 purchased in the state of Missouri.
I. What is being addressed in this document?
EPA’s response to the first suggestion
[EPA–R07–OAR–2015–0835; FRL 9952–79– II. Have the requirements for approval of a
SIP revision been met? regarding water washing to clean the on-
Region 7] site haul routes is that the use of water
III. EPA’s Response to Comments
IV. What action is EPA taking? to remove lead from on-site roads was
Approval of Air Quality Implementation studied and determined to be a cost-
Plans; Missouri State Implementation I. What is being addressed in this effective and necessary strategy to
Plan for the 2008 Lead Standard document? control lead during the development of
AGENCY: Environmental Protection In this document, EPA is granting the National Emissions Standards for
Agency (EPA). final approval of Missouri’s SIP to Hazardous Air Pollutants (NESHAP) for
address violations of the lead NAAQS Secondary Lead Smelters, promulgated
ACTION: Final rule.
near the Exide Technologies—Canon January 5, 2012 (77 FR 580). Because the
SUMMARY: The Environmental Protection Hollow facility in Holt County, Exide Canon Hollow facility is a
Agency (EPA) is taking final action to Missouri. The applicable standard secondary lead smelter, it must comply
approve a revision to the State addressed in this action is the lead with the requirements of this rule,
Implementation Plan (SIP) for the State NAAQS promulgated by EPA in 2008. including, among other things, the
of Missouri. This final action will The applicable requirements of the CAA requirement to conduct twice daily
approve Missouri’s SIP for the lead identified in EPA’s Final Rule (73 FR water washing of on-site haul routes.
National Ambient Air Quality Standard 66964, October 15, 2008), and will bring This cleaning is necessary to control
(NAAQS) received by EPA on October the area into compliance with the 0.15 lead-containing dust in order to meet
20, 2014. EPA proposed approval of this microgram per cubic meter (ug/m3) lead the 2008 lead NAAQS. The NESHAP is
plan on February 29, 2016. The NAAQS. EPA’s proposal containing the related to the NAAQS in that the
applicable standard addressed in this background information for this action NESHAP requires attainment of the
action is the lead NAAQS promulgated can be found at 81 FR 10182, February same 0.15 ug/m3 standard for lead at the
by EPA in 2008. EPA believes that the 29, 2016. fenceline. No change has been made to
SIP submitted by the state satisfies the address this suggestion.
II. Have the requirements for the Regarding the concern that limiting
applicable requirements of the Clean Air approval of a SIP revision been met?
Act (CAA) identified in EPA’s Final truck traffic may reduce the resources
Rule published in the Federal Register The state submission has met the purchased in the state of Missouri, the
on October 15, 2008, and will bring the public notice requirements for SIP state and facility arrived at the
area surrounding the Exide submissions in accordance with 40 CFR limitations on truck traffic using EPA’s
Technologies Canon Hollow facility in 51.102. The submission also satisfied AERMOD computer-based modeling.
Forest City, Missouri, into attainment of the completeness criteria of 40 CFR part Truck traffic along haul routes is known
the 0.15 microgram per cubic meter 51, appendix V. In addition, the revision to increase the amount of lead-
(ug/m3) lead NAAQS. meets the substantive SIP requirements containing dust that becomes re-
of the CAA, including section 110 and entrained in ambient air. Modeling was
DATES: This final rule is effective on
implementing regulations. used to estimate the amount of truck
October 26, 2016. traffic along facility haul routes that
ADDRESSES: EPA has established a III. EPA’s Response to Comments could be allowed without causing a
docket for this action under Docket ID The public comment period on EPA’s NAAQS violation at the fenceline. Thus,
No. EPA–R07–OAR–2015–0835. All proposed rule opened February 29, the limitations are necessary to
documents in the docket are listed on 2016, the date of its publication in the safeguard the NAAQS level which EPA
the http://www.regulations.gov Web Federal Register, and closed on March has determined to be protective of
site. Although listed in the index, some 30, 2016. During this period, EPA human health and the environment. It
information is not publicly available, received two comments posted also should be noted that the
i.e., CBI or other information whose anonymously to the Regulations.gov restrictions on truck traffic that are
disclosure is restricted by statute. Web site. required by the SIP only pertain to
Certain other material, such as One comment pertains to mold in traffic on the facility property; there are
mstockstill on DSK3G9T082PROD with RULES
copyrighted material, is not placed on indoor air and not the subject of the no limitations on the amount of truck
the Internet and will be publicly proposed approval of the SIP revision to traffic on public roads. No change has
available only in hard copy form. address lead in ambient air. Because the been made to address this concern.
Publicly available docket materials are comment is anonymous, EPA is unable
available through www.regulations.gov to contact the commenter directly to IV. What action is EPA taking?
or please contact the person identified offer assistance. However, EPA offers EPA is taking final action to amend
in the FOR FURTHER INFORMATION that the commenter may contact Ms. the Missouri SIP to approve the SIP
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EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS
State
Order/permit
Name of source effective EPA approval date Explanation
No. date
* * * * * * *
(31) Exide Technologies Consent Judgment 14H0– 10/10/14 9/26/16 and [Insert Federal
Canon Hollow, MO. CC00064. Register citation].
* * * * * (e) * * *
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Applicable
Name of State
geographic or EPA approval
nonregulatory submittal Explanation
nonattainment date
SIP provision date
area
* * * * * * *
(71) Exide Technologies Com- Forest City .............................. 10/15/14 9/26/16 and [Insert Federal [EPA–R07–OAR–2015–0835;
pliance Plan 2008 lead Register citation]. FRL 9952–79–Region 7].
NAAQS.
* * * * * Georgia’s March 6, 2012, 8-hour Ozone Office’s official hours of business are
[FR Doc. 2016–22981 Filed 9–23–16; 8:45 am] infrastructure SIP submission; March Monday through Friday 8:30 a.m. to
BILLING CODE 6560–50–P 25, 2013, 2010 1-hour NO2 4:30 p.m., excluding federal holidays.
infrastructure SIP submission; October FOR FURTHER INFORMATION CONTACT:
22, 2013, 2010 1-hour SO2 infrastructure Sean Lakeman of the Air Regulatory
ENVIRONMENTAL PROTECTION SIP submission; and December 14, 2015, Management Section, Air Planning and
AGENCY 2012 annual PM2.5 infrastructure SIP Implementation Branch, Air, Pesticides
submission. All other applicable and Toxics Management Division, U.S.
40 CFR Part 52 infrastructure requirements for these SIP Environmental Protection Agency,
[EPA–R04–OAR–2016–0315; FRL–9952–72- submissions have been or will be Region 4, 61 Forsyth Street SW.,
Region 4] addressed in separate rulemakings. Atlanta, Georgia 30303–8960. Mr.
DATES: This rule will be effective [insert Lakeman can be reached by telephone at
Air Plan Approval; Georgia; Prong 4— date 30 days after date of publication in (404) 562–9043 or via electronic mail at
2008 Ozone, 2010 NO2, SO2, and 2012 the Federal Register]. lakeman.sean@epa.gov.
PM2.5 ADDRESSES: EPA has established a SUPPLEMENTARY INFORMATION:
AGENCY: Environmental Protection docket for this action under Docket
Identification No EPA–R04–OAR–2016– I. Background
Agency.
ACTION: Final rule. 0315. All documents in the docket are By statute, SIPs meeting the
listed on the www.regulations.gov Web requirements of sections 110(a)(1) and
SUMMARY: The Environmental Protection site. Although listed in the index, some (2) of the CAA are to be submitted by
Agency (EPA) is conditionally information may not be publicly states within three years after
approving the portions of revisions to available, i.e., Confidential Business promulgation of a new or revised
the Georgia State Implementation Plan Information or other information whose NAAQS to provide for the
(SIP), submitted by the Georgia disclosure is restricted by statute. implementation, maintenance, and
Department of Natural Resources (DNR), Certain other material, such as enforcement of the new or revised
Environmental Protection Division copyrighted material, is not placed on NAAQS. EPA has historically referred to
(GAEPD), addressing the Clean Air Act the Internet and will be publicly these SIP submissions made for the
(CAA or Act) visibility transport (prong available only in hard copy form. purpose of satisfying the requirements
4) infrastructure SIP requirements for Publicly available docket materials are of sections 110(a)(1) and 110(a)(2) as
the 2008 8-hour Ozone, 2010 1-hour available either electronically through ‘‘infrastructure SIP’’ submissions.
Nitrogen Dioxide (NO2), 2010 1-hour www.regulations.gov or in hard copy at Sections 110(a)(1) and (2) require states
Sulfur Dioxide (SO2), and 2012 annual the Air Regulatory Management Section, to address basic SIP elements such as
Fine Particulate Matter (PM2.5) National Air Planning and Implementation the requirements for monitoring, basic
Ambient Air Quality Standards Branch, Air, Pesticides and Toxics program requirements, and legal
(NAAQS). The CAA requires that each Management Division, U.S. authority that are designed to assure
mstockstill on DSK3G9T082PROD with RULES
state adopt and submit a SIP for the Environmental Protection Agency, attainment and maintenance of the
implementation, maintenance, and Region 4, 61 Forsyth Street SW., newly established or revised NAAQS.
enforcement of each NAAQS Atlanta, Georgia 30303–8960. EPA More specifically, section 110(a)(1)
promulgated by EPA, commonly requests that if at all possible, you provides the procedural and timing
referred to as an ‘‘infrastructure SIP.’’ contact the person listed in the FOR requirements for infrastructure SIPs.
Specifically, EPA is conditionally FURTHER INFORMATION CONTACT section to Section 110(a)(2) lists specific elements
approving the prong 4 portions of schedule your inspection. The Regional that states must meet for the
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Document Created: 2018-02-09 13:22:58
Document Modified: 2018-02-09 13:22:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on October 26, 2016. | |
| 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] | |
| FR Citation | 81 FR 65897 |
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