[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Proposed Rules]
[Pages 54835-54841]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21781]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2013-0173; FRL-9900-62-Region 4]


Air Quality Implementation Plan; Alabama; Attainment Plan for the 
Troy Area 2008 Lead Nonattainment Area

AGENCY: Environmental Protection Agency (EPA or Agency).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a state implementation plan (SIP) 
revision, submitted by the State of Alabama through the Alabama 
Department of Environmental Management (ADEM), to EPA on November 9, 
2012, for the purpose of providing for attainment of the 2008 Lead 
National Ambient Air Quality Standards (NAAQS) in the Troy 2008 Lead 
nonattainment area (hereafter referred to as the ``Troy Area'' or 
``Area''). The Troy Area is comprised of a portion of Pike County in 
Alabama surrounding the Sanders Lead Company (hereafter referred to as 
``Sanders Lead''). EPA is proposing to approve Alabama's November 9, 
2012 SIP submittal regarding the attainment plan based on Alabama's 
attainment demonstration for the Troy Area. The attainment plan 
includes the base year emissions inventory requirements, an analysis of 
the reasonably available control technology (RACT) and reasonably 
available control measures (RACM) requirements, reasonable further 
progress (RFP) plan, modeling demonstration of lead attainment and 
contingency measures for the Troy Area. This action is being taken in 
accordance with Clean Air Act (CAA or Act) and EPA's guidance related 
to lead attainment planning.

[[Page 54836]]


DATES: Written comments must be received on or before October 7, 2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2013-0173 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: R4-RDS@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2013-0173, Regulatory Development Section, Air 
Planning Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2013-0173. 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 the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
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. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    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, 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 in www.regulations.gov or 
in hard copy at the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo of the Regulatory 
Development Section, in the Air Planning Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Mr. 
Farngalo may be reached by phone at (404) 562-9152, or via electronic 
mail at farngalo.zuri@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action Is EPA proposing to take?
II. What is the background for EPA's proposed action?
III. What is included in Alabama's attainment plan submittal for the 
Troy area?
IV. What Is EPA's analysis of Alabama's submittal for the Troy area?
    1. Pollutants Addressed
    2. Emissions Inventory Requirements
    3. Modeling
    4. RACM/RACT
    5. RFP Plan
    6. Contingency Measures
    7. Attainment Date
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What action is EPA proposing to take?

    EPA is proposing to approve Alabama's SIP submittal for the Troy 
Area, as submitted through ADEM to EPA on November 9, 2012, for the 
purpose of demonstrating attainment of the 2008 Lead NAAQS. Alabama's 
lead attainment plan for the Troy Area includes a base year emissions 
inventory, a modeling demonstration of lead attainment, an analysis of 
RACM/RACT, a RFP plan, and contingency measures.
    EPA has preliminarily determined that Alabama's attainment plan for 
the 2008 Lead NAAQS for the Troy Area meets the applicable requirements 
of the CAA and the ``SIP Toolkit--Attainment Demonstrations and Air 
Quality Modeling,'' hereafter referred to as the ``SIP Toolkit,'' dated 
April 12, 2012, located at http://www.epa.gov/air/lead/kitmodel.html. 
Thus, EPA is proposing to approve Alabama's attainment plan for the 
Troy Area. EPA's analysis for this proposed action is discussed in 
Section IV of this proposed rulemaking.

II. What is the background for EPA's proposed action?

    On November 12, 2008 (73 FR 66964), EPA revised the Lead NAAQS, 
lowering the level from 1.5 micrograms per cubic meter ([mu]g/m\3\) to 
0.15 [mu]g/m\3\ calculated over a three-month rolling average. EPA 
established the NAAQS based on significant evidence and numerous health 
studies demonstrating that serious health effects are associated with 
exposures to lead emissions.
    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the United States as attaining 
or not attaining the NAAQS; this designation process is described in 
section 107(d)(1) of the CAA. On November 22, 2010 (75 FR 71033), EPA 
promulgated initial air quality designations for the 2008 Lead NAAQS, 
which became effective on December 31, 2010, based on air quality 
monitoring data for calendar years 2007-2009, where there was 
sufficient data to support a nonattainment designation. Designations 
for all remaining areas were completed on November 22, 2011 (76 FR 
72097), which became effective on December 31, 2011, based on air 
quality monitoring data for calendar years 2008-2010.
    Effective December 31, 2010, the Troy Area was designated as 
nonattainment for the 2008 Lead NAAQS. This designation triggered a 
requirement for Alabama to submit a SIP revision with a plan for how 
the Area would attain the 2008 Lead NAAQS, as expeditiously as 
practicable but no later than December 31, 2015. ADEM submitted its SIP 
submittal for the Troy Area on November 9, 2012, which included the 
base year emissions inventory and the

[[Page 54837]]

attainment demonstration. EPA's analysis of the submitted attainment 
demonstration includes a review of the pollutant addressed, emissions 
inventory requirements, modeling, RACT and RACM requirements, RFP plan, 
and contingency measures for the Troy Area.

III. What is included in Alabama's attainment plan submittal for the 
Troy area?

    In accordance with section 172(c) of the CAA and the SIP Toolkit, 
the Alabama attainment plan for the Troy Area includes: (1) An 
emissions inventory for the plan's base year (2010); and (2) an 
attainment demonstration. The attainment demonstration includes: 
technical analyses that locate, identify, and quantify sources of 
emissions contributing to violations of the 2008 Lead NAAQS; analyses 
of future-year emissions reductions and air quality improvements 
expected to result from national and local programs; adopted emission 
reduction measures with schedules for implementation; and contingency 
measures required under section 172(c)(9) of the CAA. See 73 FR 67035.

IV. What is EPA's analysis of Alabama's attainment plan submittal for 
the Troy area?

A. Attainment Demonstration

    Consistent with CAA requirements (see, e.g., section 172), and 40 
CFR 51.117, an attainment demonstration for a lead nonattainment area 
must include a showing that the area will attain the 2008 Lead NAAQS as 
expeditiously as practicable. The demonstration must also meet the 
requirements of 40 CFR 51.112 and Part 51, Appendix W, and include 
inventory data, modeling results, and emissions reduction analyses on 
which the state has based its projected attainment. In the case of the 
Troy Area, EPA is proposing that the attainment plan submitted by 
Alabama is sufficient, and EPA is proposing to approve individual 
components of the plan.
1. Pollutants Addressed
    Alabama's lead attainment plan evaluates lead emissions in the Troy 
Area within Pike County. There are no significant precursors to 
consider for the lead attainment plan.
2. Emissions Inventory Requirements
    States are required under section 172(c)(3) of the CAA to develop 
comprehensive, accurate and current emissions inventories of all 
sources of the relevant pollutant or pollutants in the area. These 
inventories provide a detailed accounting of all emissions and emission 
sources by precursor or pollutant. In the November 12, 2008 Lead 
Standard (PDF) (99pp, 665k) rulemaking, EPA finalized the guidance 
related to the emissions inventories requirements. The current 
regulations are located at 40 CFR 51.117(e), and include, but are not 
limited to, the following requirements:
     States must develop and periodically update a 
comprehensive, accurate, current inventory of actual emissions from all 
source affecting ambient lead concentrations;
     The SIP inventory must be approved by EPA as a SIP element 
and is subject to public hearing requirements; and
     The point source inventory upon which the summary of the 
baseline for lead emissions inventory is based must contain allsources 
that emit 0.5 or more tons of lead per year.
    For the base-year inventory of actual emissions, EPA recommends 
using either 2010 or 2011 as the base year for the contingency measure 
calculations, but does provide flexibility for using other inventory 
years if states can show another year is more appropriate.\1\ For lead 
SIPs, the CAA requires that all sources of lead emissions in the 
nonattainment area must be submitted with the base-year inventory. In 
today's action, EPA is proposing to approve the base year emissions 
inventory portion of the SIP revision submitted by Alabama on November 
9, 2012, as required by section 172(c)(3).
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    \1\ See EPA document titled ``Addendum to the 2008 Lead NAAQS 
Implementation Questions and Answers'' dated August 10, 2012, 
included in EPA's SIP Toolkit located at http://www.epa.gov/air/lead/kitmodel.html.
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    The State of Alabama followed EPA's recommendation by using the 
year of designation (2010) as the base year in the November 9, 2012 
Lead SIP. Actual emissions from all sources of lead were reviewed and 
compiled, as applicable and available, for the base year emissions 
inventory requirement. All applicable sources of lead emissions 
contained in the Troy nonattainment area were estimated and included in 
the inventory.
    The only source of lead emissions above 0.5 tons per year within 
the Troy Area is Sanders Lead, a secondary lead smelting and refining 
facility which processes scrap metal and lead bearing by-products into 
refined lead alloys. Pursuant to 40 CFR 51.117(e), the facility is the 
only point source evaluated as part of this emissions inventory 
requirement and is therefore, the only source that is required to be 
evaluated as part of this attainment demonstration. In addition to 
complying with the 2008 Lead NAAQS, the facility is also subject to the 
revised Secondary Lead MACT (40 CFR Part 63, Subpart X). The facility's 
emissions were calculated using data collected from stack tests with 
the application of AP-42 emissions factors for each source, and quality 
assured by ADEM. ADEM used the EPA 2008 National Emissions Inventory 
(NEI)\2\ to obtain estimates of the stationary area and nonroad and 
onroad mobile emissions for the Troy Area.
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    \2\ Area sources are only required to be submitted for the NEI 
every three years, in accordance with the Air Emissions Reporting 
Rule and the most recent release is in the 2008 NEI version 2.
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    Stationary area source emissions, shown below in Table 1, were 
obtained from the Emissions Inventory System maintained by EPA which 
has the most current information. The nonroad emissions are negligible 
and therefore assumed to be zero for the purpose of this SIP, and are 
consistent with the nonroad 2008 model. The emissions data for the 
nonroad category which includes aircraft (airports), rail and 
commercial marine vessels was obtained from the 2008 NEI version 2. 
Onroad lead emissions are negligible and therefore assumed to be zero, 
consistent with MOVES 2010b model and the 2008 NEI. A more detailed 
discussion of the emissions inventory development can be found in 
Alabama's November 9, 2012 submittal.
    Table 1 below shows the level of emissions calculated in pounds per 
year (lbs/year) in the Area for the 2010 base year, and by emissions 
source categories, as provided in Alabama's November 9, 2012 attainment 
plan.

[[Page 54838]]



                        Table 1--2010 and Projected 2015 Lead Emissions for the Troy Area
                                                [Pounds per year]
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                      Year                            Onroad          Nonroad          Area            Point
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2010............................................               0          205.94            0.56           7,162
2015............................................               0          205.94            0.56             946
                                                 ---------------------------------------------------------------
    Total Reduction.............................               0               0               0           6,216
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    EPA evaluated Alabama's 2010 base year emissions inventory for the 
Troy Area, and made the preliminary determination that this inventory 
was developed consistent with EPA's guidance for emissions inventory. 
Therefore, pursuant to section 172(c)(3), EPA is proposing to approve 
Alabama's 2010 base year emissions inventory for the Troy Area. The 
projected emissions for 2015 represent an 87 percent reduction from the 
base year lead emissions, and, as discussed in the modeling section 
below, provide sufficient emissions reductions for the Troy Area to 
attain the 2008 Lead NAAQS.
3. Modeling
    The lead attainment demonstration must include air quality 
dispersion modeling developed in accordance with EPA's Modeling 
Guidance.\3\ The Alabama modeling analysis was prepared using EPA's 
preferred dispersion modeling system, the American Meteorological 
Society/Environmental Protection Agency Regulatory Model (AERMOD) 
consisting of the AERMOD (version 12060) model and two data input 
preprocessors AERMET (version 11059) and AERMAP (version 11103). The 
non-regulatory AERMINUTE (version 11325) meteorological preprocessor 
and AERSURFACE (version 08009) were also used to develop inputs to 
AERMET. The Building Profile Input Program for Plume Rise Model 
Enhancements was also used in the downwash-modeling and incorporated 
good engineering practice, and technical procedures. More detailed 
information on the AERMOD Modeling system and other modeling tools and 
documents can be found on the EPA Technology Transfer Network Support 
Center for Regulatory Atmospheric Modeling (SCRAM) (http://www.epa.gov/ttn/scram/) and in Alabama's November 9, 2012 SIP submittal in the 
docket for this proposed action (EPA-R04-OAR-2013-0173) on the 
www.regulations.gov Web site. A brief description of the modeling used 
to support Alabama's attainment demonstration follows.
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    \3\ 40 CFR Part 51 Appendix W (EPA's Guideline on Air Quality 
Models) (November 2005) located at http://www.epa.gov/ttn/scram/guidance/guide/appw_05.pdf.
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a. Modeling Approach
    The following is an overview of the Sanders Lead modeling approach 
used in Alabama's November 9, 2012 SIP submittal. This approach was 
developed by the URS Corporation, on behalf of Sanders Lead, and 
revised based on comments received from ADEM and EPA. The basic 
procedures are outlined as follows:
     Start with the most recent 2010 emissions estimates for 
point, area, volume and mobile sources at Sanders Lead;
     Develop model inputs using the AERMOD modeling system 
including the:
    [cir] AERMOD pre-processors AERMET and AERMINUTE to process five 
years' (i.e., 2006-2010) 1-minute meteorological data from the National 
Weather Service (NWS) Montgomery, Alabama, surface level site 
(identified as KMGM) (the closest weather station to Sanders Lead), 
based on ADEM's land use classifications, in combination with upper-air 
meteorological data from the Birmingham, Alabama, NWS upper-air 
sounding site (KBMX);
    [cir] AERMOD pre-processor AERMAP to generate terrain inputs for 
the receptors, based on a digital elevation mapping database from the 
National Elevation Dataset developed by the U.S. Geological Survey;
    [cir] AERMOD pre-processor AERSURFACE to generate direction 
specific land use based surface characteristics for the modeling;
    [cir] Define a Cartesian receptor grid across the nonattainment 
boundary (approximately 0.8 miles around the Sanders Lead facility), 
with 100 meter spacing in ambient air to ensure maximum concentrations 
are captured; and
    [cir] Develop all other input options commensurate with the 
Regulatory Modeling Guidance.
     Perform current and post control dispersion modeling using 
the EPA approved AERMOD modeling system;
     Process AERMOD output through EPA's LEADPOST post 
processor (version 12114) deriving the maximum 3 month average rolling 
design value across the 5 year meteorological data period; and
     Document the results in a report suitable for inclusion as 
an appendix for the Troy Area Lead SIP.
b. Modeling Results
    The Lead NAAQS compliance results of the attainment modeling are 
summarized in Table 2 below. Table 2 presents the results from the two 
sets of AERMOD modeling runs that were performed. The two modeling runs 
were the result of using two different five-year (2006-2010) 
meteorological datasets based on AERSURFACE-developed surface 
characteristics representative of the NWS site in Montgomery, Alabama 
(NWS MET Data). The first and second rows of Table 2 present the 
surface characteristics representative of the Sanders Lead facility 
site (Facility MET Data). This procedure was used since on-site 
meteorological data was not available. Modeling with the two sets of 
data was also used since on-site meteorological data are not available 
at the Sanders Lead facility.
    A background ambient air quality concentration is required to be 
added to the modeled concentrations for the purpose of developing a 
lead design value, such that attainment of the control strategy is 
demonstrated. The background concentration for the SIP was based on 
speciated air quality data from the Montgomery, Alabama airport monitor 
(site number 01-101-1002) from the last two months of 2005 and the 
years 2006-2010. The data is recorded and collected once every 6th day. 
Monthly averages of the data from this period were obtained and used to 
develop the 3-month rolling averaged concentrations. The highest of the 
3-month averaged concentrations (i.e., 0.009 [micro]g/m\3\) was used in 
the modeled compliance test (see column 3 of Table 2).
    As can be seen in Table 2, the maximum 3-month rolling average 
across all five years of meteorological data (2006-2010) is less than 
or equal to the 2008 Lead NAAQS of 0.15 [mu]g/m\3\ for both sets of 
AERMOD modeling runs.

[[Page 54839]]

Output from the LEADPOST processor which details all of the 
concentrations can be found in Appendix G of Alabama's November 9, 2012 
SIP submittal.

                                   Table 2--Post-Control Modeling Results \4\
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    Sanders lead facility        Max 3-mth        Background         Total                         Year maximum
           impacts            rolling average   concentration    concentration        NAAQS          occurred
----------------------------------------------------------------------------------------------------------------
Post-Construction ([NWS] MET  0.144 [mu]g/     0.009 [mu]g/     0.15 [mu]g/m\3\  0.15 [mu]g/m\3\            2010
 Data).                        m\3\.            m\3\.
Post-Construction (Facility   0.139 [mu]g/     0.009 [mu]g/     0.15 [mu]g/m\3\  0.15 [mu]g/m\3\            2010
 MET Data).                    m\3\.            m\3\.
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    The pre-control analysis resulted in a predicted impact of 5.30 
[mu]g/m\3\ (NWS MET data) and 3.64 [mu]g/m\3\ (Facility MET data). The 
post-control analysis resulted in a predicted impact of 0.15 [mu]g/m\3\ 
(NWS MET data) and 0.15 [mu]g/m\3\ (Facility MET data). This data 
indicates significant reductions in air quality impact with the future 
implementation of the post-construction control plan for the Sanders 
Lead facility. This data also supports that the controls represent RACM 
and RACT for the SIP. The control strategy for the facility as 
reflected in its Air Permit No. 210-0005 includes enclosure of the 
furnace building and installation of canopy hoods over each blast 
furnace and compliance with the Secondary Lead MACT (40 CFR Part 63, 
Subpart X). More details on the pre- and post-construction operations 
at the facility are included in the Alabama SIP. Therefore, on this 
basis, ADEM asserted that the proposed controls are RACM/RACT and 
should be sufficient to attain 2008 Lead NAAQS.
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    \4\ Final results listed in Table 2 are rounded according to 40 
CFR part 50, Appendix R; specifically subsection 4(a) which 
addresses comparison with the Lead NAAQS, as well as 5(a), (b), and 
(c) which addresses rounding conventions.
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    EPA has reviewed the modeling that Alabama submitted to support the 
attainment demonstration for the Troy Area and has preliminarily 
determined that this modeling is consistent with CAA requirements, 
Appendix W and EPA guidance for lead attainment demonstration modeling.
4. RACM/RACT
a. Requirements for RACM/RACT
    CAA section 172(c)(1) requires that each attainment plan provides 
for the implementation of all reasonably available control measures as 
expeditiously as practicable and attainment of the NAAQS. EPA 
interprets RACM, including RACT, under section 172, as measures that a 
state determines to be both reasonably available and contribute to 
attainment as expeditiously as practicable in the nonattainment area. A 
comprehensive discussion of the RACM/RACT requirement for lead 
attainment plans and EPA's guidance can be found in the SIP Toolkit.
b. Alabama's Analysis of Pollutants and Sources for the Troy Area
    Alabama's analysis is found in Chapter 6 of the November 9, 2012 
SIP submittal. The State determined that controls for lead emissions at 
Sanders Lead are appropriate in the Troy Area for purposes of attaining 
the 2008 Lead NAAQS. EPA preliminarily agrees that Alabama's 
determination is supported by its analysis.
c. Alabama's Evaluation of RACM/RACT Control Measures for the Troy Area
    On November 9, 2012, Air Permit No. 210-0005 was issued to Sanders 
Lead for additional proposed control measures to reduce lead emissions. 
The Title V permit reflecting RACT controls is included in Appendix F 
of the November 9, 2012 SIP submittal. In accordance with the schedule 
in the Title V permit, Sanders Lead was required to implement the 
controls on or before July 1, 2013. ADEM represented to EPA that 
Sanders Lead has completed implementation of the RACT controls listed 
in the permit and summarized in Table 3 below:

                  Table 3--Summary of RACT Controls \5\
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    Description of measure                    Explanation
------------------------------------------------------------------------
Control and Enclose Furnace    Sanders Lead is proposing to install
 Operations.                    canopy hoods over each blast furnace
                                with supply air to reduce worker lead
                                exposures. Additionally, the furnace
                                building will be enclosed. A new 318,000
                                cubic feet per minute (CFM) baghouse
                                followed by high-efficiency particulate
                                air (HEPA) filters will be installed to
                                control emissions captured by the new
                                hoods and building enclosure (including
                                the kettle basement ventilation).
Control and Enclose Refining   Sanders Lead is proposing to enclose the
 Operations.                    refining building, including the
                                elimination of sidewall fans. Area
                                ventilation will be provided by the new
                                318,000 CFM baghouse discussed above.
Combustion gases and Refining  Sanders Lead is proposing to control the
 Kettle Hoods.                  combustion gases and kettle hoods with a
                                new 60,000 actual cubic feet per minute
                                (ACFM) baghouse (with HEPAs).
Relocate Industrial Battery    Sanders Lead is proposing to relocate the
 Decasing and Enclose Raw       industrial battery decasing operations
 Material Handling Operations.  to the inside of the existing raw
                                material storage building. A new 60,000
                                ACFM collector with HEPA filters will be
                                installed to control industrial battery
                                decasing and raw material storage area.
Battery Breaker/Shredder       Sanders Lead is proposing to enclose the
 Operations.                    Shredder Building and install a new
                                12,000 ACFM wet scrubber to control acid
                                emissions from specific point locations
                                within the Shredder Building. The
                                exhaust from this scrubber along with
                                building exhaust will be exhausted
                                through a new 60,000 ACFM bag collector
                                (with HEPAs).
Enclose Baghouse Hoppers and   Sanders Lead is proposing to enclose the
 Transport of Dust.             base of baghouses 1 and 5, including the access doors and
                                removable panels on the units.
                                Ventilation will be provided by ducting
                                to existing baghouses.

[[Page 54840]]

 
Improve Process Material       In order to eliminate leaded outdoor
 Transport to Eliminate         traffic, Sanders Lead is proposing to
 Leaded Outdoor Traffic.        install building connection tunnel for
                                the transport of material from shredder
                                to the raw material storage building.
Relocate and Contain Leaded    Sanders Lead is proposing to install
 Vehicle Maintenance.           transfer points at the refining,
                                smelting and raw material storage
                                vehicle exits to maintain ``leaded''
                                vehicles inside the building. Sanders
                                Lead is proposing to relocate leaded
                                vehicle maintenance to a newly enclosed
                                constructed area.
Improved Watering............  Sanders Lead is proposing to develop an
                                updated watering plan based on the new
                                vehicle patterns and facility layout.
                                The watering plan will include an
                                improved floor wetting system inside and
                                outside the building, as well as
                                purchasing new wet sweepers for the
                                outside buildings.
------------------------------------------------------------------------

d. Proposed Action on RACM/RACT Demonstration and Control Strategy
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    \5\ Table found in the Title V permit.
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    EPA is proposing to approve Alabama's determination that the 
proposed controls for lead emissions at Sanders Lead constitute RACM/
RACT for that source in the Troy Area based on our analysis described 
above. Further, as summarized above, EPA proposes that no further 
controls would be required at Sanders Lead and that the proposed 
controls are sufficient for RACM/RACT purposes for the Troy Area, at 
this time.
    Since the Troy Area is projected to attain the 2008 Lead NAAQS by 
the 2015 attainment date, and at this time, no additional measures 
could be adopted to attain one year sooner, EPA proposes to approve 
Alabama's November 9, 2012 SIP submission as meeting the RACM/RACT 
requirements of the SIP Toolkit and that the level of control in the 
State's submission constitutes RACM/RACT for purposes of the 2008 Lead 
NAAQS. By approving these control measures as RACM/RACT for Sanders 
Lead for purposes of Alabama's attainment planning, these control 
measures will become permanent and enforceable SIP measures to meet the 
requirements of the CAA and 2008 Lead NAAQS.
5. RFP Plan
    Section 172(c)(2) of the CAA requires that an attainment plan 
includes a demonstration that shows reasonable further progress for 
meeting air quality standards will be achieved through generally linear 
incremental improvement in air quality. As stated in the final Lead 
Rule (73 FR 67039), EPA concluded that it was appropriate that RFP 
requirements be satisfied by the strict adherence to an ambitious 
compliance schedule, which is expected to periodically yield 
significant emission reductions. The control measures for attainment of 
the 2008 Lead NAAQS included in Chapter 6 of the State's submittal have 
been modeled to achieve attainment of the 2008 Lead NAAQS. The 
stipulations require these control measures and resulting emissions 
reductions to be achieved as expeditiously as practicable. As a result 
of an ambitious compliance schedule, yielding a significant reduction 
in lead emissions from the Sanders Lead facility and resulting in 
modeled attainment of the NAAQS, EPA has preliminarily determined that 
ADEM's lead attainment plan for the 2008 Lead NAAQS fulfills the RFP 
requirements for the Troy Area. EPA, therefore, proposes to approve the 
State's attainment plan with respect to the RFP requirements.
6. Contingency Measures
    In accordance with section 172(c)(9) of the CAA, contingency 
measures are required as additional measures to be implemented in the 
event that an area fails to meet the RFP requirements or fails to 
attain a standard by its attainment date. These measures must be fully 
adopted rules or control measures that can be implemented quickly and 
without additional EPA or state action if the area fails to meet RFP 
requirements or fails to meet its attainment date and should contain 
trigger mechanisms and an implementation schedule. In addition, they 
should be measures not already included in the SIP control strategy for 
attaining the standard and should provide for emission reductions 
equivalent to one year of RFP.
    Based on all the improvements that are planned for Sanders Lead, 
ADEM believes that the 2008 Lead NAAQS can be achieved on a consistent 
basis. However, if an exceedance of the NAAQS occurs during any three 
month period after July 2013 (the deadline for full implementation of 
the control strategy), within 180 days, Sanders Lead will submit an 
investigative study identifying the source(s) of excessive emissions 
contributing to the exceedance and will develop and prepare a strategy 
to eliminate the likelihood of another exceedance. This strategy will 
contain a plan identifying which stack or stacks will be raised and to 
what extent. Within 18 months of the NAAQS violation(s), these measures 
will be fully implemented. Potential controls which may provide some 
additional reductions include:
    (1) Adding a second gate on the south end of the property in order 
to direct significant traffic flow to an area further away from the 
maximum lead impact areas;
    (2) planting vegetation in specific areas to help control dust flow 
patterns and scavenge fugitive lead emissions;
    (3) re-evaluating material handling procedures, patterns, etc., to 
determine if improvements can be made;
    (4) re-evaluating housekeeping procedures, including dust sweeping 
and collection equipment; and
    (5) implementing other improvements that may become evident based 
on potential source(s) of lead emissions identified during 
investigation.
    EPA proposes that the contingency measures submitted by Alabama 
meet the section 172(c)(9) requirements for the 2008 Lead NAAQS.
7. Attainment Date
    Alabama provided a demonstration attainment of the 2008 Lead NAAQS 
for the Troy Area by no later than five years after the Area was 
designated nonattainment. The modeling indicates that the Troy Area 
will attain the 2008 Lead NAAQS by December 31, 2015, and therefore, 
EPA is proposing to approve the State's attainment date.

V. Proposed Action

    EPA is proposing to approve Alabama's lead attainment plan for the 
Troy Area. EPA has preliminarily determined that the SIP meets the 
applicable requirements of the CAA. Specifically, EPA is proposing to 
approve Alabama's November 9, 2012 SIP submission, which includes the 
attainment demonstration, base year emissions inventory, RACM/RACT

[[Page 54841]]

analysis, contingency measures and RFP plan. The requirement for a RFP 
plan is satisfied because Alabama demonstrated that the Area will 
attain the 2008 Lead NAAQS by the proposed attainment date of December 
31, 2015.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submittal 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 
proposed 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 proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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, October 7, 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 CAA; 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).
    In addition, this proposed rule does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Reporting and 
recordkeeping requirements.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: August 22, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2013-21781 Filed 9-5-13; 8:45 am]
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