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lotter on DSK11XQN23PROD with PROPOSALS1

Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Proposed Rules requirement to submit an emissions inventory for the Jefferson County SO2
nonattainment area.20 On February 13, 2019, the EPA published a final rulemaking in the Federal Register approving the States emissions inventory for the Jefferson County SO2
nonattainment area.21
Section 172c4 requires the identification and quantification of allowable emissions for major new and modified stationary sources to be allowed in an area, and section 172c5
requires source permits for the construction and operation of new and modified major stationary sources anywhere in the nonattainment area.
The State has an approved nonattainment NSR program.22
Regardless, the State has demonstrated that the Jefferson County SO2
nonattainment area will be able to maintain the NAAQS without part D
NSR in effect. Missouris PSD program will be in effect in the Jefferson County SO2 nonattainment area upon redesignation to attainment.
Section 172c7 requires the SIP to meet the applicable provisions of section 110a2. As noted above, the EPA believes the Missouri SIP meets the requirements of section 110a2
applicable for purposes of redesignation.
Section 176 conformity requirements.
Section 176c of the CAA requires States to establish criteria and procedures to ensure that federally supported or funded projects conform to the air quality planning goals in the applicable SIP. The requirement to determine conformity applies to transportation plans, programs, and projects that are developed, funded, or approved under title 23 of the United States Code U.S.C. and the Federal Transit Act transportation conformity as well as to all other federally supported or funded projects general conformity. State transportation conformity SIP revisions must be consistent with federal conformity regulations relating to consultation, enforcement, and enforceability that the EPA promulgated pursuant to its authority under the CAA.
Missouri has an approved general conformity SIP.23 Moreover, the EPA
interprets the conformity SIP
requirements as not applying for purposes of evaluating a redesignation request under section 107d because, like other requirements listed above, State conformity rules are still required 83 FR 59348.
84 FR 3703.
22 See 80 FR 31844.
23 See 78 FR 57267.
21 See
16:40 Jun 28, 2021

b. The Jefferson County SO2
Nonattainment Area Has a Fully Approved Applicable SIP Under Section 110k of the CAA
The EPA has fully approved the applicable Missouri SIP for the Jefferson County SO2 nonattainment area under section 110k of the CAA for all requirements applicable for purposes of redesignation. As indicated above, the EPA believes that the section 110
elements that are neither connected with nonattainment plan submissions nor linked to an areas attainment status are not applicable requirements for purposes of redesignation. The EPA has approved all part D requirements applicable under the 2010 SO2 NAAQS, as identified above, for purposes of this redesignation.
24 See Wall v. EPA, 265 F.3d 426 6th Cir. 2001
upholding this interpretation; see also 60 FR
62748 December 7, 1995 redesignation of Tampa, Florida.
25 See 40 CFR 93.102b1, 2v.

20 See
VerDate Sep<11>2014

after redesignation and federal conformity rules apply where State rules have not been approved.24
As noted in the 2014 SO2 Guidance, transportation conformity is required under CAA section 176c to ensure that federally supported highway and transit project activities are consistent with conform to the purpose of the SIP.
Transportation conformity applies to areas that are designated nonattainment, and those areas redesignated to attainment maintenance areas with plans developed under CAA section 175A for transportation-related criteria pollutants. Due to the relatively small, and decreasing, amounts of sulfur in gasoline and on-road diesel fuel, the EPAs conformity rules provide that they do not apply to SO2 unless either the EPA Regional Administrator or the director of the State air agency has found that transportation-related emissions of SO2 as a precursor are a significant contributor to a PM2.5
nonattainment problem, or if the SIP has established an approved or adequate budget for such emissions as part of the RFP, attainment or maintenance strategy.25 Neither the EPA nor Missouri has made such a finding for transportation related emissions of SO2
for the Jefferson County SO2
nonattainment area.
For these reasons, the EPA proposes to find that Missouri has satisfied all applicable requirements for purposes of redesignation of the Jefferson County SO2 nonattainment area under section 110 and part D of title I of the CAA.

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Criterion 3The Air Quality Improvement in the Jefferson County SO2 Nonattainment Area Is Due to Permanent and Enforceable Reductions in Emissions For redesignating a nonattainment area to attainment, the CAA requires the EPA to determine that the air quality improvement in the area is due to permanent and enforceable reductions in emissions resulting from implementation of the SIP, applicable federal air pollution control regulations, and other permanent and enforceable reductions CAA section 107d3Eiii. The EPA proposes to find that Missouri has demonstrated that the observed air quality improvement in the Jefferson County SO2 nonattainment area is due to permanent and enforceable reductions in emissions. Specifically, the EPA
considers the shutdown of the Doe Run Herculaneum primary lead smelter lead smelter, identified as the key contributor to the SO2 NAAQS
violations at the Mott Street monitor, to be both permanent and enforceable.26
As stated on page 10 of the Calcagni Memo, Emission reductions from source shutdowns can be considered permanent and enforceable to the extent that those shutdowns have been reflected in the SIP and all applicable permits have been modified accordingly. The lead smelter was limited to the terms of a consent decree entered by Doe Run, Missouri, and the EPA in the United States District Court in the Eastern District of Missouri 2011
Consent Decree.27 On December 31, 2013, pursuant to the terms of the 2011
Consent Decree, the lead smelter permanently ceased operations of the sintering plant. The 2011 Consent Decree also required the lead smelter to permanently cease smelting operations and retire the blast furnaces by April 30, 2014; the lead smelter ceased operation of the blast furnaces on December 31, 2013, concurrently with the cessation of operation of the sintering plant. In addition, the Consent Decree required Doe Run to surrender air permits for the emission units required to be permanently shut down by the Consent Decree. Given the well-established correlation of much lower SO2
emissions at the Mott Street monitor during periods when the lead smelter has been shut down, the EPA
26 See EPAs final Technical Support Document TSD for the Jefferson County SO2 Nonattainment Area, in the docket for EPAs initial round of 2010
SO2 designations at EPAHQOAR20120233
0318.
27 Case No. 4:10cv01895JCH on December 21, 2011.

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