[Federal Register Volume 79, Number 142 (Thursday, July 24, 2014)]
[Proposed Rules]
[Pages 42991-42999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17480]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0448; FRL-9914-27-Region 7]
Approval and Promulgation of Implementation Plans; State of
Missouri; 2013 Missouri State Implementation Plan for the 2008 Lead
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to grant
full approval of Missouri's attainment demonstration State
Implementation Plan (SIP) for the lead National Ambient Air Quality
Standard (NAAQS) nonattainment area of Herculaneum, Missouri submitted
on April 18, 2013. 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 2008 Final Rule and will bring
the area into attainment of the 0.15 microgram per cubic meter (ug/
m\3\) lead NAAQS in the Herculaneum, Missouri area.
In this action, EPA also proposes approval of a revision to the
Missouri SIP related to the 2007 Consent Judgment which was previously
approved into the Missouri SIP as part of an attainment demonstration
for the 1978 lead NAAQS. This revision was submitted to EPA on November
21, 2011.
DATES: Comments must be received on or before August 25, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2014-0448, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Mail, Hand Delivery or Courier: Sara Hertz Wu, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2014-0448. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless
[[Page 42992]]
the comment includes information claimed to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Do not submit information that you consider to be CBI or
otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment.
If you send an email comment directly to EPA without going through
www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
Docket. All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas. EPA requests that you contact the person listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
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: Sara Hertz Wu at (913) 551-7316, or
email her 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 the approval of a SIP revision been
met?
III. What action is EPA taking?
IV. Background
V. Technical Review of the Attainment Demonstration SIP Related to
the 2008 Lead NAAQS
A. Facility Description
B. Model Selection, Meteorological and Emissions Inventory Input
Data
C. Modeling Analysis
1. Base Case Analysis
2. Future Case Analysis
D. Control Strategy
E. Reasonably Available Control Measures (RACM) Including
Reasonably Available Control Technology (RACT) and Reasonable
Further Progress (RFP)
F. Attainment Demonstration
G. New Source Review (NSR)
H. Contingency Measures
I. Enforceability
VI. Review of Submittal Related to the 1978 Lead NAAQS
VII. Proposed Action
VIII. Statutory and Executive Order Reviews
I. What is being addressed in this document?
In this document, EPA is addressing Missouri's attainment
demonstration SIP for the lead NAAQS nonattainment area of Herculaneum,
Missouri. 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 CAA
identified in EPA's Final Rule (73 FR 66964, October 15, 2008), and
demonstrates attainment of the 0.15 microgram per cubic meter (ug/m\3\)
lead NAAQS in the Herculaneum, Missouri area.
In this document, EPA is also addressing a revision to the Missouri
SIP related to the 2007 Consent Judgment which was previously approved
in the Missouri SIP as part of an attainment demonstration for the 1978
lead NAAQS (77 FR 9529, February 17, 2012).
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. What action is EPA taking?
EPA is proposing to grant full approval of Missouri's attainment
demonstration SIP for the 2008 lead NAAQS. We are also proposing to
approve a revision to the Missouri SIP related to the 1978 lead NAAQS.
We are processing this as a proposed action because we are soliciting
comments on this proposed action. Final rulemaking will occur after
consideration of any comments.
IV. Background
EPA established the NAAQS for lead on October 5, 1978 (43 FR
46246). The 1978 NAAQS for lead is set at a level of 1.5 ug/m\3\ of
air, averaged over a calendar quarter. The Herculaneum, Missouri area
is designated nonattainment for the 1978 lead NAAQS. EPA's most recent
approved revision to Missouri's State Implementation Plan to address
the 1978 lead NAAQS was on February 7, 2012 (77 FR 9529).\1\
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\1\ A complete history of EPA's approval of numerous Missouri
SIPs addressing the 1978 lead NAAQS can be found at 75 FR 52701.
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On October 15, 2008, EPA established a new lead NAAQS of 0.15 ug/
m\3\ of air, measured as a rolling three-month average. (73 FR 66964).
On November 22, 2010, EPA designated the City of Herculaneum as
nonattainment for the 2008 lead NAAQS. (75 FR 71033).\2\ Under Section
191(a) of the CAA, Missouri is required to submit to EPA an attainment
demonstration SIP revision for lead and to demonstrate the
nonattainment area will reach attainment of the 2008 lead NAAQS no
later than five years from the date of the nonattainment area
designation.
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\2\ EPA also designated portions of Iron, Dent, and Reynolds
Counties as nonattainment for the 2008 lead NAAQS. 75 FR 71033.
Those nonattainment areas will be addressed in a separate action.
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This rulemaking proposes approval of Missouri's SIP to bring the
Herculaneum area into attainment for the 2008 lead NAAQS. This
rulemaking also proposes approval of an amendment to the 2007 Consent
Judgment previously approved in Missouri's SIP related to the 1978 lead
NAAQS.
V. Technical Review of the Attainment Demonstration SIP for the 2008
Lead NAAQS
A. Facility Description
The Doe Run-Herculaneum facility opened in 1892 and, at the time of
the nonattainment designation, was the only primary lead smelter
operating in the United States. The primary lead smelting process
begins with lead concentrate. Doe Run-owned mining and milling
operations located in southeastern Missouri are the primary source of
Doe Run-Herculaneum's lead ore and lead concentrate. Lead concentrate,
typically 45 percent to 50 percent lead by weight, is mined from
underground ore deposits. The ore which contains about six percent lead
by weight, is crushed and then processed into lead concentrate at the
mills. Lead concentrate contains
[[Page 42993]]
approximately 75 percent lead by weight. Lead concentrate was
previously transported from the mines/mills to the Herculaneum smelter
by rail, but since 2002 has been transported exclusively by truck to
Herculaneum. Once delivered to the Herculaneum primary lead smelter,
the process of smelting the lead concentrate into high purity lead can
be divided into three main steps: Sintering, reducing (smelting), and
refining.
The Doe Run smelter was limited to the production of 130,000 tons
of refined lead per year based on a 12-month rolling average period
pursuant to the terms of a Consent Decree applicable to the Herculaneum
Facility entered into by Doe Run, Missouri, and EPA in the United
States District Court in the Eastern District of Missouri, Case No.
4:10-cv-01895-JCH on December 21, 2011 (2011 Consent Decree).
On December 31, 2013, pursuant to the terms of the 2011 Consent
Decree, Doe Run permanently ceased operations of the sintering plant.
On April 30, 2014, the 2011 Consent Decree also required Doe Run to
permanently cease smelting operations and retire the blast furnaces;
however, Doe Run ceased operation of the blast furnaces on December 31,
2013, concurrently with the cessation of operation of the sintering
plant. The only active lead-processing units that may remain after
shutdown are related to refining operations in the Refinery and Strip
Mill building.
The Refinery building is attached to the blast furnace building and
is currently used for refining, drossing, and casting operations. The
Strip Mill is a hot rolling mill used to turn cast refined lead into
long, continuous strips of flat rolled lead as required by certain
customers. These units are addressed in the state's SIP control
strategy and are discussed in more detail in section V.D. of this
document.
In order to maintain operational flexibility at the Refinery and
Strip Mill units, at Doe Run's request, Missouri has included two
possible operating scenarios for Doe Run in its SIP. These scenarios
are referred to as ``Scenario A'' and ``Scenario B'' and are described
in more detail in this document.
On February 24, 2011, Doe Run requested a permit from Missouri to
construct a pyrometallurgical technology that would have substantially
reduced lead emissions than the previous smelter, sintering, and blast
furnace operations. The 2007 Consent Judgment, approved as part of
Missouri's SIP for the 1978 lead NAAQS, prohibited construction of new
lead emitting processes within the Doe Run property fenceline. Doe Run
requested a revision to the 2007 Consent Judgment to allow for the
construction of this new low-lead emitting process next to the existing
smelter within the property fenceline. On November 14, 2011, Missouri
issued the construction permit, revised the 2007 Consent Judgment for
the new pyrometallurgical technology, and submitted a SIP revision to
EPA on November 21, 2011. This requested revision is addressed in
Section VI of this document. To date, Doe Run has not constructed this
new technology.
B. Model Selection, Meteorological and Emissions Inventory Input Data
Missouri conducted air dispersion modeling to evaluate the
effectiveness of the proposed control strategy. The model, AERMOD, was
utilized and is EPA's preferred model for demonstrating attainment of
the lead NAAQS. AERMOD estimates the combined ambient impact of sources
by simulating Gaussian dispersion of emissions plumes. Emission rates,
wind speed and direction, atmospheric mixing heights, terrain, plume
rise from stack emissions, initial dispersion characteristics of
fugitive sources, particle size and density are all factors considered
by the model when estimating ambient impacts. Missouri performed two
dispersion modeling analyses for the 2008 lead NAAQS for the
Herculaneum area. One was an analysis of current conditions to ensure
the model is performing adequately (base case). The second analysis
examined the effectiveness of proposed emission controls (future case).
The results of these analyses will be discussed in more detail in
section V.C. of this document.
Missouri used the meteorological data from the meteorological
monitoring network maintained by Doe Run pursuant to the 2007 Consent
Judgment that is part of the Missouri SIP for the 1978 lead NAAQS. Doe
Run collected site-specific wind speed and direction data for at least
five years. Missouri selected one year of representative meteorological
data for use in the model. The upper air station at Lincoln, Illinois
was used to gather upper level air data including information on the
vertical temperature, moisture and wind characteristics of the
atmosphere. This data set provided confidence that the controls
selected for the attainment demonstration will be effective over a
large variety of meteorological conditions. The meteorological data
were run through AERMOD's pre-processors to make the data usable by the
model.
As required by Section 172(c)(3) of the CAA, a revised emission
inventory was developed for this nonattainment area. The geographic
boundary of the nonattainment area is the city of Herculaneum, located
in Jefferson County, Missouri. The emission inventory data are
specifically for lead emissions. While lead particulate may be
estimated as a portion of PM10 emissions, only lead
emissions are presented in the inventory. A single point source (Doe
Run) drives the lead inventory for the nonattainment area, but other
sources, such as non-point and mobile sources were described in the
emissions inventory for completeness. Doe Run, as a Title V (Part 70)
source is required to submit its emissions inventory annually.
Therefore, the emissions inventory includes the 2011 inventory which
was the most recent inventory available for the facility at the time of
the development of the state's plan. Nonpoint and mobile source
emissions are from the 2008 National Emissions Inventory (NEI), a
dataset prepared triennially through state, tribal and EPA cooperation.
The 2011 lead emission totals for Doe Run Herculaneum are 21.11
tons per year. There are no other point sources in the Herculaneum
nonattainment area that have reported lead emissions to Missouri. The
2008 NEI for nonpoint and mobile source emissions show that these
sources combined comprise approximately 0.15 percent of point source
emissions total and therefore were not included in the modeling
exercise as discreet sources. Emissions from nonpoint and mobile
sources are included in the background concentration.
In accordance with 40 CFR Part 51, appendix W, background
concentrations must be considered when determining NAAQS compliance.
Background concentrations are intended to include impacts attributable
to natural sources, nearby sources (excluding the dominant source(s)),
and unidentified sources. The calculated background concentration
includes all sources of lead not already included in the model run
script. The background concentration includes distant sources of lead,
which may have originally derived from the plant, or reentreinment of
naturally occurring lead in the atmosphere.
In general, the background value is calculated by averaging the
monitored concentrations at monitor sites outside the area of immediate
dominant source impact and on days when the predominant wind direction
was not blowing from the dominant source to the monitors. Missouri
began with all
[[Page 42994]]
monitored days and identified days with no measured one-hour average
wind direction from the smelter. Each monitor was examined in
conjunction with an acceptable wind fan and the concentrations are
averaged on days with no predominant winds from the facility. The
resulting concentration from all the monitors in the evaluation is the
background concentration for the area.
The days selected for the calculation match the model study period.
Therefore, EPA agrees that the calculated value represents the best
estimate of background after all improvements from the 2007 SIP
revision for the 1978 lead NAAQS (2007 SIP Revision) were implemented.
Additional information can be found in the Missouri SIP, Section 4.3.
C. Modeling Analysis
1. Base Case Analysis
As discussed above, Missouri used the AERMOD dispersion model to
run two analyses, the base case and the future case. The base case
evaluated a reasonable estimate of maximum potential emissions to
account for contributing sources based on normal facility operations.
The base case model analysis used the modeling completed for the
attainment demonstration for the 1978 lead NAAQS. See 73 FR 58913.
Missouri, EPA, and Doe Run agreed that the modeling done in 2007 could
be used if the monitoring data verified the SIP attainment
demonstration for the 1978 lead NAAQS. Missouri compared the 2007
script used for the model and the current conditions at the Herculaneum
facility. Actual emissions data from the Missouri Emissions Inventory
System (MOEIS), monitoring data, and information from the smelter were
all reviewed and Missouri verified there were no changes to any
processes or controls at the facility that would invalidate the 2007
script.
The only changes that occurred between the SIP revision for the
1978 lead NAAQS and the current year were changes to the monitoring
network and the fenceline. These changes affected only the receptor
grid and did not have any effect on the current facility emission
points, rates or controls. Additional information regarding the model
used can be found in the docket for this action.
Results from the SIP revision's attainment demonstration for the
1978 lead NAAQS predicted that, after all control measures were
installed, the maximum 3-month rolling average would be 1.492 ug/m\3\.
Missouri found that the maximum 3-month rolling average measured at the
Main Street monitor was 1.160 ug/m\3\ in April 2009. Because the
attainment demonstration modeling was done with worst case scenario
emission rates, it is expected that the actual monitoring values would
be somewhat less than the predicted value. The monitoring data confirm
the accuracy and reliability of the model's inputs and results. EPA
agrees with Missouri's determination that a separate base case
performance run was not necessary for the SIP revision for the 2008
lead NAAQS because the results would be virtually identical to those
obtained in the attainment demonstration for the 1978 lead NAAQS.
2. Future Case Analysis
The future case analysis evaluated the control strategies of the
SIP revision for the 1978 lead NAAQS pursuant to the existing Federally
enforceable requirements that are applicable to the facility as well as
the enforceable 2013 Consent Judgment between Missouri and Doe Run. See
appendix O, Missouri SIP. The future case dispersion modeling is the
attainment demonstration used to verify that the proposed control
strategies will bring the Herculaneum Lead Nonattainment Area into
compliance with the 2008 lead NAAQS.
Missouri selected January 2009 to December 2009 as the base year
because all emission reduction projects required by the SIP revision
for the 1978 lead NAAQS had been completed. That base year inventory
utilizes the emission rates that relate to specific emission activities
at the Doe Run facility. Emission points in the model reflect the
release points for these emissions (for example, a stack), not the
location of the process unit that emitted the pollutant. An emission
rate for each point source was obtained from the best available
information.
For the stack, emissions were validated by stack test data, which
measure actual lead emissions released from the stack. For other
emission rates, such as fugitive emissions, sampling information was
used, if available. If sampling information was not available, emission
rates were calculated based on known factors such as soil lead content,
best available estimates such as traffic counts, or AP-42
guidelines.\3\ For truck haul road emissions, truck traffic counts were
used.
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\3\ AP-42, Compilation of Air Pollutant Emission Factors, Fifth
Edition, http://www.epa.gov/ttnchie1/ap42.
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Based on the good engineering practice (GEP) requirements for stack
heights (40 CFR 51.1(ii)), the main stack at Doe Run was modeled at
100.75 meters in the base case model run. For the attainment year
demonstration, no emissions will be vented to the main stack,
therefore, none of the stacks contained within the attainment year
model input files exceed 65 meters. All of the proposed stacks meet the
GEP stack height requirements. Additional information regarding the
future case year model inputs can be found in Section 4.2 of the
Missouri SIP and Appendices H-M. EPA agrees with the modeling conducted
by Missouri for its future case analysis.
D. Control Strategy
In order to bring Herculaneum back into attainment of the 2008 Lead
NAAQS, Missouri developed a control strategy for Doe Run-Herculaneum.
One element of the control strategy is the shutdown of the blast
furnaces and sinter plant, which has already occurred and part of the
Federally enforceable 2011 Consent Decree, and requires no additional
action by Missouri to implement into the attainment demonstration. The
significant reductions from the shutdowns are expected to be the
greatest source of emission reductions for the nonattainment area.
Missouri's control strategy addresses the remaining lead emissions from
the Strip Mill and Refinery and fugitive lead emissions generated from
sources such as trucks transporting the material into the facility
using haul roads.
Despite not being able to produce refined lead from ore
concentrates after the shutdown at Herculaneum, Doe Run told Missouri
that it may continue to operate some processes at the Strip Mill and
Refinery. Missouri worked with Doe Run to develop two potential
operating scenarios, ``Scenario A'' and ``Scenario B.'' To address
operation under Scenarios A and B, Missouri and Doe Run-Herculaneum
developed a Consent Judgment (hereinafter referred to as the 2013
Consent Judgment; found at Missouri SIP, Appendix O) as a means to
establish enforceable emission and production limits, controls,
operating parameters, and contingency measures to reduce lead emissions
from point, area, and fugitive lead dust sources in support of
achieving attainment of the 2008 lead NAAQS as soon as practicable
following the shutdown of the blast furnaces and sinter plant. The 2013
Consent Judgment was submitted as part of Missouri's attainment
demonstration SIP for the 2008 lead NAAQS.
Following the shutdown of the sinter plant and blast furnace under
the 2011 Consent Decree, the Strip Mill is subject
[[Page 42995]]
to a production limit of a three-month rolling average of 3,750 tons of
lead produced.
The Refinery is subject to a production limit of a three month
rolling average of 21,250 tons of lead produced after the shutdown of
the sinter plant and blast furnace under the 2011 Consent Decree. The
process at the Refinery building, if retained, will be more
appropriately re-characterized as a re-melter. The building would
consist of re-melting, casting and alloy-mixing to meet end-user demand
from refined lead brought to the facility from elsewhere.
Scenario A requires that unless superseded in the 2013 Consent
Judgment, all applicable provisions from previous SIP revisions shall
remain in effect. Therefore, operations at the current Refinery
building shall continue to comply with the building ventilation/
particle containment, capture and control campaign outlined in the 2007
SIP Revision and 2009 SIP Supplement for the 1978 lead NAAQS See 73 FR
58913; 75 FR 52701; and 77 FR 9529.
Additionally, if operations at the Refinery building are retained
after the 2011 Consent Decree shutdown date, the 2013 Consent Judgment
provides that Baghouses 8 and 9 shall be subject to
an emission limit of 3.5 lb of lead/24 hours. The shutdown under the
2011 Consent Decree eliminates Baghouse 7. The new emission
limit represents a significant reduction from previous emissions.
The 2013 Consent Judgment prescribes a stack testing regimen to
demonstrate compliance with the emission limits under conditions of
representative production. Further, if Doe Run chooses to operate under
Scenario A, the Refinery production limit of a three-month rolling
average of 21,250 tons of lead produced remains in effect.
Doe Run will operate under Scenario B if it becomes cost effective
to increase production at the current Refinery building. In Scenario B,
all operating parameters used in Scenario A will remain in effect,
except that the production limit at the Refinery will be increased to a
three-month rolling average of 62,500 tons of lead produced. All the
kettle heat stack emissions must be routed to Baghouse 9 with
an accompanying increase in baghouse capacity. As described below, an
increase in capacity at Baghouse 9 is also listed as a
contingency measure. If Doe Run chooses to operate under Scenario B,
the modification to the baghouse must occur before implementation as a
contingency measure and the remaining contingency measures will be
triggered in a different order, as discussed in Section V.H., below and
as outlined in the Missouri SIP, Section 8 and Appendix O. Baghouse
9 will be subject to an emission limit of 3.5 pounds of lead
per day under Scenario B.
The 2013 Consent Judgment specifies that under either operating
scenario Doe Run could shrink the current fenceline to a minimum
distance outlined by the modeled attainment concentration isopleths
\4\/ambient air quality boundary or ``zone of public access
preclusion,'' surrounding the remaining process building as outlined in
the Missouri SIP. See section V.H. of this document. Pursuant to the
2013 Consent Judgment, Doe Run must notify Missouri of any proposed
changes to the fenceline, but if the changes to the fenceline are not
less than the ``zone of public access preclustion,'' the changes to do
not require a formal SIP revision.
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\4\ Isopleths are lines connection receptor points of the same
value, in this case: The same maximum lead air concentration equal
to the standard.
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Missouri determined that allowing Doe Run the flexibility to modify
or establish a new fenceline within a modeled attainment boundary will
benefit the community by expediting any future redevelopment/land reuse
plans.
Although the main smelting operations are shutdown under the 2011
Consent Decree, Missouri expects some emissions to be generated by the
trucks transporting refined lead products to and from the facility via
haul roads. Doe Run continues to be subject to any terms of the
previously approved SIP for the 1978 lead NAAQS standard that are not
specifically superseded by the 2013 Consent Judgment, including
provisions related to the control of fugitive emissions. Two of the
contingency measures discussed in section V.H., below, also address
fugitive emissions.
Further, under the 2013 Consent Judgment, Missouri will continue to
utilize its lead monitoring site network in accordance with the 2013
Missouri Ambient Air Quality Monitoring Plan, which was approved by EPA
on November 22, 2013. Doe Run will continue to collect data from all of
these monitors until EPA has formally designated the Herculaneum
nonattainment area as attainment for lead, until Doe Run no longer owns
or operates the property, when Doe Run ceases operations of air
emission units pursuant to the 2011 Consent Decree, or upon approval by
Missouri that continued monitoring is not necessary.
Doe Run will also continue operation of two continuous particulate
samplers located at the Broad Street monitoring site and the ``City
Hall'' monitoring site. The 2013 Consent Judgment requires Doe Run to
report quarterly to Missouri (1) any day that exceeds a reported
concentration of 0.5 ug/m\3\ of lead; or (2) any day that exceeds a
reported concentration of 0.15 ug/m\3\ of lead and that falls on every
sixth day national monitoring schedule. The analysis shall include a
review of the continuous particulate monitoring, the daily ambient
concentrations, wind speed and direction data, precipitation data, a
summary of process throughputs, an identification of malfunctions,
process upsets or other conditions that may be expected to contribute
to ambient impact, and a summary of the analyses as described above.
Doe Run will continue to collect data from all of these monitors
until EPA has formally designated the Herculaneum nonattainment area as
attainment for lead, until Doe Run no longer owns or operates the
property, when Doe Run ceases operations of air emission units pursuant
to the 2011 Consent Decree, or upon approve by Missouri that continued
monitoring is not necessary.
Doe Run has been collecting meteorological monitoring under its
previously approved SIP. Following the shutdown of the sinter plant and
blast furnace pursuant to the 2011 Consent Decree, Doe Run will no
longer be required to collect data at the forty (40) meter station,
provided a year of additional data has been collected and no future
emissions units will vent to the main stack. Doe Run will only be
required to operate one ten (10) meter meteorological station, the
location of which must be approved by Missouri. Meteorological
monitoring will be conducted pursuant to a quality assurance project
plan, which must be approved by Missouri. Doe Run will continue to
conduct meteorological monitoring until EPA has formally designated the
Herculaneum nonattainment area as attainment for lead, until Doe Run no
longer owns or operates the property, when Doe Run ceases operations of
air emission units pursuant to the 2011 Consent Decree, or upon
approval by Missouri that continued monitoring is not necessary.
EPA believes that Missouri's control strategy implemented through
the 2013 Consent Judgment will bring the area into attainment of the
2008 Lead NAAQS.
[[Page 42996]]
E. Reasonably Available Control Measures (RACM) Including Reasonably
Available Control Technology (RACT) and Reasonable Further Progress
(RFP)
Section 172(c)(1) of the CAA requires nonattainment areas to
implement all RACM, including emissions reductions through the adoption
of RACT, as expeditiously as practicable. EPA interprets this as
requiring all nonattainment areas to consider all available controls
and to implement all measures that are determined to be reasonably
available, except that measures which will not assist the area to more
expeditiously attain the standard are not required to be
implemented.\5\ In March 2012, EPA issued guidance titled,
``Implementation of Reasonably Available Control Measures (RACM) for
Controlling Lead Emissions'' (RACM Guidance).\6\
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\5\ See 58 FR 67751, Dec. 22 1993, for a discussion of this
interpretation as it relates to lead.
\6\ http://www.epa.gov/oar/lead/pdfs/2012ImplementationGuide.pdf.
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Section 172(c)(2) of the CAA requires areas designated as
nonattainment for criteria pollutants to include a demonstration of
Reasonable Further Progress (RFP) in attainment demonstrations. Section
171(1) of the CAA defines RFP as annual incremental reductions in
emissions of the relevant air pollutants as required by Part D, or
emission reductions that may reasonably be required by EPA to ensure
attainment of the applicable NAAQS by the applicable date. Part D does
not include specific RFP requirements for lead.
Missouri performed a RACM analysis in compliance with the RACM
Guidance. As stated in the final lead NAAQS rule, RFP is satisfied by
the strict adherence to a compliance schedule which is expected to
periodically yield significant emission reductions. Missouri has
determined that the shutdown of the sinter plant by December 31, 2013,
and the blast furnace by April 30, 2014, addresses both RACM and RFP
based on the significant decrease in emissions that will result from
these shutdowns. In addition, Scenarios A and B, which include
production limits, emission limits for the remaining processes, and an
optional scenario of re-routing kettle heat stacks to a baghouse will
further reduce the potential emissions from the facility. Scenarios A
and B have been modeled and meet the lead NAAQS and also comply with
RACM and RFP.
The shutdown of the sinter and blast furnace are discrete control
measures that have already occurred. All known significant sources of
lead emissions have been eliminated, controlled, or ruled out as being
ineffective or not viable, consistent with EPA's RACT Guidance.
The control strategy is not staggered or phased, therefore, ambient
air quality concentrations are expected to drop at or below attainment
levels immediately after implementation of the control strategy. RFP is
addressed by the control strategy occurring in a timeframe consistent
with the CAA and the 2011 Consent Decree. Further, as a result of the
shutdown of the sintering plant and blast furnace, all of the
nonattainment area's ambient air quality monitors are reporting Pb
concentrations below the 2008 lead NAAQS for the three-month rolling
average for January through March 2014. See http://www.dnr.mo.gov/env/apcp/docs/leadmonitordata.pdf.
EPA proposes to approve Missouri's SIP as meeting sections
172(c)(1) and (c)(2) of the CAA.
F. Attainment Demonstration
CAA Section 172 requires a state to submit a plan for each of its
nonattainment areas that demonstrates attainment of the applicable
ambient air quality standard as expeditiously as practicable, but no
later than the specified attainment date. This demonstration should
consist of four parts: (1) Technical analyses that locate, identify,
and quantify sources of emissions that are contributing to violations
of the lead NAAQS; (2) analyses of future year emissions reductions and
air quality improvement resulting from already-adopted national, state,
and local programs and from potential new state and local measures to
meet the RACT, RACM, and RFP requirements in the area; (3) adopted
emissions reduction measures with schedules for implementation and (4)
contingency measures required under section 172(c)(9) of the CAA.
The requirements for the first two parts are described in the
sections on emissions inventories and RACM/RACT, above and in the
sections on air quality modeling and the attainment demonstration that
follows immediately below. Requirements for the third and fourth parts
are described in the sections on the control strategy and the
contingency measures, respectively.
As stated in section V.C.2, above the future case dispersion
modeling is the attainment demonstration used to verify that the
proposed control strategies will bring the area into attainment. In
order to determine whether the planned emission reduction strategies
will result in attainment of the NAAQS, the modeled maximum lead air
concentration (based on a rolling three-month average) is added to the
calculated background lead concentration of 0.032 ug/m\3\ for each
scenario. See section V.B. The sum is the predicted maximum three-month
rolling average lead air concentration.
During the attainment model run, with receptors spaced 50-meters
apart at the current fenceline, Scenario A (as described in section
V.D.) resulted in a modeled maxmimum three-month rolling average lead
concentration of 0.117 ug/m\3\. Scenario B (as described in section
V.D.) modeled a maximum three-month rolling average lead concentration
of 0.098 ug/m\3\.
The model successfully demonstrates attainment of the 2008 Lead
NAAQS (0.15 ug/m\3\) for both operating scenarios based on the
implementation of the required control measures as described above. The
differences between the attainment year and base year emissions rates
are based on changes to the plant operations and what operations will
remain in the future. All of the process points associated with the
sintering and blast furnaces will be removed. Fugitive emissions from
these buildings will be greatly reduced by the removal of these
processes. Several haul roads were eliminated and re-routed due to the
changes.
The haul roads will no longer go through the old city center, but
enter from the south over a new bridge on Joachim Creek. In addition,
the remaining emission points and rates for the Strip Mill, Refinery
and Kettle Heat Stacks will be changed to reflect the emission and
production limits at the facility for both scenarios, as well as the
elimination of the kettle heat stack stream in modeled Scenario B.
In response to public comment, Missouri refined the same attainment
model run by placing receptors inside the current fenceline at 10-meter
spacing to determine the modeled attainment concentration isopleths and
to establish new non-ambient zones for both scenarios. When conducting
this refined modeling, the non-ambient zone for Scenario A includes the
entire non-ambient zone for Scenario B and is slightly larger.
Therefore, the non-ambient zone for Scenario A established the
attainment boundary/zone of public access preclusion at the Strip Mill
and Refinery buildings. These minimum distances are enforceable through
the 2013 Consent Judgment.
The modeling results demonstrate a margin of safety through
conservative background model input assumptions. See Missouri SIP,
section 6, appendices H-M, O.
[[Page 42997]]
EPA conducted an independent review of Missouri's modeling and
proposes to approve Missouri's SIP as meeting section 172 of the CAA.
G. New Source Review (NSR)
Within the CAA, Part D of Title I requires SIP submittals to
include a permit program for the construction and operation of new and
modified major stationary sources. The current definition of
nonattainment areas in Missouri, which for lead includes the city of
Herculaneum, Missouri, is provided in Missouri rule 10 CSR 10-6.020.
For installations in a nonattainment area, Missouri rule 10 CSR 10-
6.060 requires a permit for construction of, or major modification to,
an installation with potential to annually emit one hundred (100) tons
or more of a nonattainment pollutant, or a permit for a modification at
a major source with potential to annually emit one thousand two hundred
(1,200) pounds of lead. Both rules have previously been approved by EPA
as part of the SIP, as meeting the requirements of section 173 of the
CAA, and EPA implementing rules at 40 CFR 51.165. See 78 FR 19602; 78
FR 37457.
H. Contingency Measures
As required by CAA section 172(c)(9), the SIP submittal includes
contingency measures to be implemented if EPA determines that the area
has failed to make reasonable further progress or if the area fails to
attain the NAAQS by December 2015. If the air quality data for any
three-month rolling period after the implementation of the production
and emission limits identified in the 2013 Consent Judgment exceeds the
0.15 ug/m\3\ three-month rolling average lead standard, Doe Run shall
implement the contingency measures set forth in the 2013 Consent
Judgment. Missouri may also require implementation of contingency
measures if Doe Run fails to implement the control strategy projects in
accordance with the 2013 Consent Judgment.
The 2013 Consent Judgment contains the following contingency
measures: Project 1: Increased in-plant road cleaning; Project 2:
Fugitive Emission Reduction Study; Project 3: Route emissions from
Refinery kettle heat stacks to Baghouse 9; Project 4: Route
Baghouse 9 emissions to the main stack; Project 5: Additional
filtered ventilation to the Strip Mill building.
The contingency measures will be completed on an as-needed basis in
the order listed. For example, Project 1 would be implemented after
notification from Missouri of a first NAAQS violation that is monitored
for three calendar months after the implementation of the control
measures identified in the 2013 Consent Judgment. Project 2 would be
implemented after notification from Missouri of a violation that is
monitored three rolling calendar months after the completion of the
first contingency project in the time frame set forth for that project.
Project 3 would be implemented after notification from Missouri of a
violation that is monitored three rolling calendar months after the
completion of the second contingency project in the time frame set
forth for that project. Project 3 is the same as the control measure
for Scenario B so if this project is implemented as a control measure,
Project 4 would be triggered in its place. Project 3 would be
implemented after notification from Missouri of a violation that is
monitored three rolling calendar months after the completion of the
third contingency project in the time frame set forth for that project.
Project 5 would be implemented after notification from Missouri of a
violation that is monitored three rolling calendar months after the
completion of the fourth contingency project in the time frame set
forth for that project. The 2013 Consent Judgment contains a procedure
for submitting additional new contingency measures when they are
completed.
Additional information, including emissions reductions expected
from the proposed contingency measures, can be found in the Missouri
SIP, Section 8.
Doe Run must notify Missouri within ten days of completion of any
contingency measure. Sixty days after completion, Doe Run will propose
an additional qualified contingency measures to be added to the 2013
Consent Judgment, which will become part of the 2013 Consent Judgment
and fully enforceable upon approval by Missouri. These additional
contingency measures will also be subject to EPA approval as part of
the SIP. Doe Run may also substitute new control(s) for the identified
contingency measure(s) if Doe Run identifies and demonstrates to
Missouri and EPA's satisfaction that the alternative control measure(s)
would achieve attainment with the 2008 Lead NAAQS. The 2013 Consent
Judgment also allows Doe Run to change the order of implementation for
contingency measures and time frames for completion upon approval by
Missouri.
Changes to contingency measures would require a public hearing at
the state level and EPA approval as a formal SIP revision. Until such
time as EPA approves any substitute measure, the measures included in
the approved SIP will be the enforceable measure. EPA does not intend
to approve any substitutions that cannot be implemented in the same
timeframe as the original measure. These measures will help ensure
compliance with the 2008 Lead NAAQS as well as meet the requirements of
Section 172(c)(9) of the CAA.
EPA proposes to approve Missouri's SIP as meeting section 172(c)(9)
of the CAA.
I. Enforceability
As specified in section 172(c)(6) and section 110(a)(2)(A) of the
CAA, and 57 FR 13556, all measures and other elements in the SIP must
be enforceable by the state and EPA. The enforceable document included
in Missouri's SIP submittal is the 2013 Consent Judgment. The 2013
Consent Judgment contains all control and contingency measures with
enforceable dates for implementation. The only exception relates to the
Federally enforceable dates found in the 2011 Consent Decree. The 2013
Consent Judgment also includes monitoring, recordkeeping, and reporting
requirements to ensure that the control and contingency measures are
met. The state adopted the 2013 Consent Judgment into Missouri's state
regulations on June 19, 2013, making it state-enforceable. Upon EPA
approval of the SIP submission, the 2013 Consent Judgment will become
state and Federally enforceable, and enforceable by citizens under
section 304 of the CAA.
We note that the 2013 Consent Judgment also contains provisions for
stipulated penalties should Doe Run fail to comply with provisions of
the 2013 Consent Judgment. The 2011 Consent Decree also contains
stipulated penalty provisions. EPA is not bound by the state's 2013
Consent Judgment penalties, and would enforce against violations of
this document under section 113 of the CAA or other Federal
authorities, rather than the 2013 Consent Judgment, if EPA approves the
2013 Consent Judgment, as proposed today, into the SIP.
EPA proposes to approve Missouri's SIP as meeting sections
172(c)(6) and 110(a)(2)(A) of the CAA, and 57 FR 13556.
VI. Review of Submittal Related to the 1978 Lead NAAQS
On November 21, 2011, Missouri submitted a SIP revision related to
a Consent Judgment that was previously approved by EPA as part of
Missouri's SIP for the 1978 lead NAAQS. (77 FR 9529). The Missouri SIP
related to the 1978 lead NAAQS, which includes the 2007 Consent
Judgment, currently
[[Page 42998]]
prohibits construction of new lead emission processes within the Doe
Run property fenceline. Missouri is requesting that EPA approve a
revision to that 2007 Consent Judgment. In order to allow Doe Run to
construct a new low-lead emitting technology at the site, the 2007
Consent Judgment must be revised.
Missouri has submitted for approval a revision to Section 2.B.1. of
the 2007 Consent Judgment to state that Doe Run shall not relocate any
existing pyrometallurgical lead smelting, sintering, or blast furnace
operations or construct any new pyrometallurgical lead smelting,
sintering, or blast furnace operations in the fenceline. The other
provisions of the 2007 Consent Judgment would remain in effect unless
superseded by the 2013 Consent Judgment. Missouri has appropriately
modeled all potential operating scenarios for compliance with the 1978
and 2008 lead NAAQS. This revision to the 2007 Consent Judgment does
not impact the modeling analyses to show attainment of the 1978 or 2008
lead NAAQS.
The 2007 Consent Judgment was previously approved in Missouri's
SIP. The revision to the 2007 Consent Judgment, if approved by EPA,
will be Federally enforceable under section 172(c)(6) and section
110(a)(2)(A) of the CAA.
The revision meets the requirements of section 110 of the CAA,
therefore, EPA proposes to approve this revision of the Missouri SIP.
VII. Proposed Action
EPA is proposing to grant full approval of Missouri's attainment
demonstration SIP for the 2008 Lead National Ambient NAAQS
nonattainment area of Herculaneum, Missouri. EPA believes that the SIP
submitted by the state satisfies the applicable requirements of the CAA
identified in EPA's Final Rule (73 FR 66964 October 15, 2008), and will
result in attainment of the 0.15 ug/m\3\ lead NAAQS in the Herculaneum,
Missouri area. In this action, EPA also proposes to approve a revision
to the Missouri SIP related to the 2007 Consent Judgment which was
previously approved into the Missouri SIP as part of an attainment
demonstration for the 1978 lead NAAQS (77 FR 9529).
VIII. 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 rule 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 rule approves 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, 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
rule 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 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 September 22, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
Parties with objections to this direct final rule are encouraged to
file a comment in response to the parallel notice of proposed
rulemaking for this action published in the proposed rules section of
today's Federal Register, rather than file an immediate petition for
judicial review of this direct final rule, so that EPA can withdraw
this direct final rule and address the comment in the final rulemaking.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
[[Page 42999]]
Dated: July 14, 2014.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2014-17480 Filed 7-23-14; 8:45 am]
BILLING CODE 6560-50-P