[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Proposed Rules]
[Pages 75293-75304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29583]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2013-0687; FRL9903-99-Region 9]
Approval and Promulgation of Implementation Plans; State of
California; 2012 Los Angeles County State Implementation Plan for 2008
Lead Standard
AGENCY: U.S. Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State implementation plan
revision submitted by the State of California to provide for attainment
of the 2008 lead national ambient air quality standard in the Los
Angeles County nonattainment area. The submitted SIP revision is the
Final 2012 Lead State Implementation Plan--Los Angeles County.
Specifically, EPA is proposing to approve the emissions inventory,
attainment demonstration, the reasonably available control measures/
reasonably available control technology, reasonable further progress
demonstration, and contingency measures as meeting the requirements of
the Clean Air Act and EPA's implementing regulations for the lead
NAAQS.
DATES: Any comments must arrive by January 10, 2014.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0687, by one of the following methods:
[[Page 75294]]
Federal eRulemaking Portal: www.regulations.gov. Follow
the on-line instructions.
Email: [email protected].
Mail or deliver: Marty Robin, Office of Air Planning (AIR-
2), U.S. Environmental Protection Agency Region IX, 75 Hawthorne
Street, San Francisco, CA 94105.
Instructions: All comments 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 Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
The www.regulations.gov Web site is an ``anonymous access'' system, and
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send email directly to
EPA, your email address will be automatically captured and included as
part of the public comment. If EPA cannot read your comments due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment.
Docket: The index to the docket for this action is available
electronically on the www.regulations.gov Web site and in hard copy at
EPA Region IX, 75 Hawthorne Street, San Francisco, California, 94105.
While all documents in the docket are listed in the index, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material), and some may not be publicly available at
either location (e.g., CBI). To inspect the hard copy materials, please
schedule an appointment during normal business hours with the contact
listed in the FOR FURTHER INFORMATION CONTACT section below.
Copies of the SIP materials are also available for inspection at
the following locations:
California Air Resources Board, 1001 I Street, Sacramento,
California 95812, and
South Coast Air Quality Management District, 21865 E.
Copley Drive, Diamond Bar, California 91765.
The SIP materials are also electronically available at: http://www.aqmd.gov/aqmp/Lead_SIP/homepage.htm and http://www.arb.ca.gov/planning/sip/sip.htm.
FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 947-4192,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The Lead NAAQS and the Los Angeles County Lead Nonattainment Area
A. The Lead NAAQS
B. The Lead Nonattainment Problem in Los Angeles County
II. California's State Implementation Plan Submittal To Address Lead
Nonattainment in the Los Angeles County Nonattainment Area
A. California's SIP Submittal
B. CAA Procedural and Administrative Requirements for SIP
Submittals
III. CAA and Regulatory Requirements for Lead Attainment SIPs
A.CAA and EPA Guidance
B. Infrastructure SIPs
IV. Review of the 2012 Los Angeles County Lead SIP
A. Summary of EPA's Proposed Actions
B. Emission Inventories
1. Requirements for Emission Inventories
2. Base Year Emission Inventory in the 2012 Los Angeles County
Lead SIP
3. Proposed Action on the Emission Inventory
C. RACM/RACT Demonstration and Adopted Control Strategy
1. Requirements for RACM/RACT Demonstrations
2. RACM/RACT Demonstration in the 2012 Los Angeles County Lead
SIP
3. Proposed Actions on RACM/RACT Demonstration and Adopted
Control Strategy
D. Attainment Demonstration
1. Requirements for Attainment Demonstrations
2. Air Quality Modeling in the 2012 Los Angeles County Lead SIP
3. Attainment Demonstration
4. Proposed Action on the Attainment Demonstration
E. RFP Demonstration
1. Requirements for RFP
2. RFP Demonstration in the 2012 Los Angeles County Lead SIP
3. Proposed Action on the RFP Demonstration
F. Contingency Measures
1. Requirements for Contingency Measures
2. Contingency Measures in the 2012 Los Angeles County Lead SIP
3. Proposed Action on the Contingency Measures
V. EPA's Proposed Action and Request for Public Comments
A. EPA's Proposed Approvals
B. Request for Public Comments
VI. Statutory and Executive Order Reviews
I. The Lead NAAQS and the Los Angeles County Lead Nonattainment Area
A. The Lead NAAQS
Under the Clean Air Act (CAA), EPA must establish national ambient
air quality standards (NAAQS) for six criteria pollutants, including
lead. Lead is generally emitted in the form of particles, which end up
being deposited in water, soil, and dust. People may be exposed to lead
by inhaling it, or by ingesting lead-contaminated food, water, soil, or
dust. Once in the body, lead is quickly absorbed into the bloodstream
and can result in a broad range of adverse health effects. These
include damage to the central nervous system, cardiovascular function,
kidneys, immune system, and red blood cells. Children are particularly
vulnerable to lead exposure, in part because they are more likely to
ingest lead and in part because their still-developing bodies are more
sensitive to the effects of lead. Urban children are also of particular
risk if the mother is exposed to lead. The harmful effects to
children's developing nervous systems (including their brains) arising
from lead exposure may include IQ loss, poor academic achievement,
long-term learning disabilities, and an increased risk of delinquent
behavior.
EPA first established a lead standard in 1978 at 1.5 micrograms per
meter cubed ([micro]g/m\3\) as a quarterly average.\1\ Based on new
health and scientific data, EPA revised the federal lead standard to
0.15 [micro]g/m\3\ and revised the averaging time for the standard on
October 15, 2008 (see 73 FR 66964, November 12, 2008). A violation of
the standard occurs when ambient lead concentrations exceed 0.15
[micro]g/m\3\ averaged over a 3-month rolling period.
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\1\ See 43 FR 46246, October 5, 1978.
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The process for designating areas following promulgation of a new
or revised NAAQS is contained in section 107(d) of the CAA. The CAA
requires EPA to complete the initial area designations process within
two years of promulgating a new or revised NAAQS. Designations for the
2008 lead NAAQS were promulgated effective December 31, 2010 (see 75 FR
71033). Based on ambient air quality data for the years 2007-2009, a
portion of Los Angeles County (excluding the high desert areas, San
Clemente and Santa Catalina Islands) was identified as an area that did
not meet the 2008 lead NAAQS.\2\
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\2\ For an exact description of the Los Angeles County lead
nonattainment area, see 40 CFR 81.305.
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Areas are required to attain the revised lead standard as
expeditiously as practicable, but no later than five years from the
date the nonattainment designation became effective. For the Los
Angeles County lead nonattainment area, this date is December 31, 2015.
Attainment demonstration state implementation plans (SIPs) are due
18
[[Page 75295]]
months after the effective date of an area's designation. For the Los
Angeles County lead nonattainment area, the SIP was due June 30, 2012.
These SIPs should include emissions inventories, a reasonable further
progress (RFP) demonstration, reasonably available control measures/
reasonably available control technology (RACM/RACT) demonstration, an
attainment demonstration, and contingency measures. To demonstrate
attainment, control measures need to be in place by November 1,
2012.\3\
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\3\ See 73 FR 66964 (November 12, 2008).
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A. The Lead Nonattainment Problem in Los Angeles County
Stationary sources of lead are generally from large industrial
sources, including metals processing, particularly primary and
secondary lead smelters. Lead can also be emitted by iron and steel
foundries; primary and secondary copper smelters; industrial,
commercial and institutional boilers; waste incinerators; glass
manufacturing; refineries; and cement manufacturing. The South Coast
Air Quality Management District (SCAQMD or ``District'') has determined
that the primary causes of the nonattainment status of Los Angeles
County are two large lead-acid battery recycling facilities, Exide
Technologies located in the city of Vernon, and Quemetco, Inc. located
in the City of Industry. These facilities receive used lead-acid
batteries and other lead-bearing materials and recycle them, recovering
the lead. Lead is recycled because of its value and to reduce toxic
waste, and it is primarily used to manufacture new batteries.
Because regional ambient air lead concentrations indicate low
ambient lead levels relative to the new lead NAAQS, and the only
ambient levels exceeding the NAAQS were at sites near the lead-acid
battery recyclers, SCAQMD's lead attainment strategy is focused on
reducing directly-emitted lead from these two sources.
II. California's State Implementation Plan Submittal To Address Lead
Nonattainment in the Los Angeles Nonattainment Area
A. California's SIP Submittal
Designation of an area as nonattainment starts the process for a
state to develop and submit to EPA a SIP under title 1, part D of the
CAA. This SIP must include, among other things, a demonstration of how
the NAAQS will be attained in the nonattainment area as expeditiously
as practicable, but no later than the date required by the CAA. Under
CAA section 191(a), a State has up to 18 months after an area's
designation to nonattainment to submit its SIP to EPA. For the 2008
lead NAAQS, these nonattainment SIPs were due no later than June 30,
2012.
The SCAQMD is the air quality agency that develops SIPs for the Los
Angeles area. The Final 2012 Lead State Implementation Plan--Los
Angeles County (2012 Los Angeles County Lead SIP) was adopted by the
SCAQMD Governing Board on May 4, 2012.\4\ The California Air Resources
Board (CARB) adopted the SIP on May 24, 2012 and submitted it to EPA on
June 20, 2012.\5\
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\4\ See SCAQMD Governing Board Resolution No. 12-11.
\5\ See CARB Board Resolution No. 12-20.
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B. CAA Procedural and Administrative Requirements for SIP Submittals
CAA sections 110(a)(1) and (2) and 110(l) require a state to
provide reasonable public notice and opportunity for public hearing
prior to the adoption and submittal of a SIP or SIP revision. To meet
this requirement, every SIP submittal should include evidence that
adequate public notice was given and a public hearing was held
consistent with EPA's implementing regulations in 40 CFR section
51.102.
Both the District and CARB have satisfied applicable statutory and
regulatory requirements for reasonable public notice and hearing prior
to adoption and submittal of the 2012 Los Angeles County Lead SIP. The
District provided a public comment period and held a public hearing
prior to the adoption of the 2012 Los Angeles County Lead SIP on May 4,
2012. CARB provided the required public notice and opportunity for
public comment prior to its May 24, 2012 public hearing on the plan.
The SIP submittal includes notices of the District and CARB public
hearings, as evidence that all hearings were properly noticed.\6\ We
therefore find that the submittals meet the procedural requirements of
CAA sections 110(a) and 110(l).
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\6\ See Enclosure 3, California Air Resources Board, ``Notice of
Public Meeting to Consider Approval of the Proposed State
Implementation Plan Revision for the Federal Lead Standard,'' and
Enclosure 6, Notice of Public Hearing, Adoption of 2012 Lead State
Implementation Plan--Los Angeles Count for the South Coast Air
Quality Management District in the 2012 Los Angeles County Lead SIP.
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CAA section 110(k)(1)(B) requires EPA to determine whether a SIP
submittal is complete within 60 days of receipt. This section also
provides that any plan that EPA has not affirmatively determined to be
complete or incomplete will become complete 6 months after the date of
submittal by operation of law. EPA's SIP completeness criteria are
found in 40 CFR part 51, Appendix V. The 2012 Los Angeles County Lead
SIP became complete by operation of law on December 20, 2012.
III. CAA and Regulatory Requirements for Lead Attainment SIPs
A. CAA and EPA Guidance
EPA is implementing the lead NAAQS under Title 1, Part D, subparts
1 and 5 of the CAA, which includes section 172, ``Nonattainment plan
provisions,'' and sections 191 and 192, ``Plan Submission Deadlines''
and ``Attainment Dates,'' respectively.
Section 192(a) establishes the attainment date for lead
nonattainment areas ``as expeditiously as practicable'' but no later
than five years from the date of the nonattainment designation for the
area. EPA designated most of Los Angeles County (except for the high
desert areas and San Clemente and Catalina Islands) as a nonattainment
area effective December 31, 2010, and thus the applicable attainment
date is no later than December 31, 2015. Under section 172(a)(2)(D),
the Administrator is precluded from granting an extension of this
attainment date where the statute separately establishes a specific
attainment date, such as the 5-year deadline established in section
192(a).
Section 172(c) contains the general statutory planning requirements
applicable to all nonattainment areas, including the requirements for
emissions inventories, RACM/RACT, attainment demonstrations, RFP
demonstrations, and contingency measures.
When EPA issued the NAAQS for lead on November 12, 2008 (``lead
NAAQS rule''), it included some implementation guidelines for the lead
NAAQS regarding planning requirements. See 73 FR 66964. EPA also issued
several guidance documents related to planning requirements for the
lead NAAQS. These include:
Memorandum from Scott Mathias, Interim Director, Air
Quality Policy Division, USEPA Office of Air Quality Planning and
Standards, to Regional Air Division Directors, Regions I-X, ``2008 Lead
(Pb) National Ambient Air Quality Standards (NAAQS) Implementation
Questions and Answers,'' July 8, 2011, (``Lead Q&A'') and
``Addendum to the 2008 Lead NAAQS Implementation Questions
and Answers Signed on July 11, 2011, by Scott Mathias,'' dated August
10, 2012. (``Lead Q&A Addendum''); and
[[Page 75296]]
Implementation of the 2008 Lead National Ambient Air
Quality Standards--Guide to Developing Reasonably Available Control
Measures (RACM) for Controlling Lead Emissions, USEPA Office of Air
Quality Planning and Standards, EPA-457/R-12-001, March 2012 (``Lead
RACM Guidance'').\7\
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\7\ All three of these guidance documents can be found in the
docket for today's action.
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The lead NAAQS rule and its preamble and the two guidance documents
address the statutory planning requirements for emissions inventories,
RACM/RACT, attainment demonstrations including air quality modeling
requirements, RFP demonstrations, and contingency measures. The lead
NAAQS rule also addresses other matters such as monitoring,
designations, lead infrastructure SIPs and exceptional events.
Control measures for the 2008 lead NAAQS need to be in place as
expeditiously as practicable. In order for control measures to result
in three years of monitored clean data by the attainment date, lead
nonattainment areas required to demonstrate attainment by December 31,
2015 would need to have all necessary controls in place no later than
November 1, 2012.\8\
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\8\ Lead Q&A, p. 4.
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We will discuss each of the CAA and regulatory requirements for
lead attainment plans in more detail below in our review of the 2012
Los Angeles County Lead SIP.
B. Infrastructure SIPs for Lead
Under section 110 of the CAA, all states (including those without
nonattainment areas) are required to submit infrastructure SIPs within
three years of the promulgation of a new or revised NAAQS. Because the
lead NAAQS was signed and widely disseminated on October 15, 2008, the
infrastructure SIPs were due by October 15, 2011. Section 110(a)(1) and
(2) require states to address basic program elements, including
requirements for emissions inventories, monitoring, and modeling, among
other things. Subsections (A) through (M) of section 110(a)(2) set
forth the elements that a states program must contain in the SIP.
California's lead infrastructure SIP was submitted on October 6, 2011
and will be acted on in a separate rulemaking action.
IV. Review of the 2012 Los Angeles County Lead SIP
A. Summary of EPA's Proposed Actions
EPA is proposing to approve the 2012 Los Angeles County Lead SIP
demonstrating attainment of the 2008 lead NAAQS in the Los Angeles
County lead nonattainment area. We are proposing to approve the base
year emissions inventory in this SIP revision as meeting the applicable
requirements of the CAA and EPA guidance. We are also proposing to
approve the attainment demonstration, RACM/RACT analysis, RFP
demonstration, and the contingency measures as meeting the applicable
requirements of the CAA and EPA guidance.
EPA's analysis and findings are discussed below for each applicable
requirement. The Technical Support Document (TSD) for today's proposed
action contains additional details on selected lead planning
requirements. We also discuss the SCAQMD lead monitoring network and
present recent ambient air quality monitoring data in the TSD.
B. Emission Inventories
1. Requirements for Emission Inventories
CAA section 172(c)(3) requires that states submit a
``comprehensive, accurate, current inventory of actual emissions from
all sources of the relevant pollutant.'' Therefore, all sources of lead
emissions in the nonattainment area must be included in the submitted
inventory. A base year emission inventory is required for the
attainment demonstration and for meeting RFP requirements. The base
year emissions inventory for 2010 or other suitable year should be used
for attainment planning and RFP plans for areas initially designated
nonattainment for the lead NAAQS in 2010.\9\
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\9\ 2008 Lead (Pb) National Ambient Air Quality Standards
(NAAQS) Implementation Questions and Answers, Memorandum from Scott
Mathias, Interim Director, Air Quality Policy Division, Office of
Air Quality Planning and Standards, USEPA to Air Quality Division
Directors, Regions I-X. July 8, 2011. Also see, Addendum to the 2008
Lead NAAQS Implementation Questions and Answers Signed on July 11,
2011, by Scott Mathias. August 10, 2012.
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In addition to inventory reporting requirements in CAA section
172(c)(3), 40 CFR 51.117(e)(1) requires that the inventory contain all
point sources that emit 0.5 tons of lead emissions per year (tpy).\10\
Based on annual emissions reporting for 2010, no point sources in the
Los Angeles County lead nonattainment area emit over 0.5 tpy of lead.
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\10\ Additional emissions inventory reporting requirements are
also found in EPA's Air Emissions Reporting Rule (AERR) (codified at
40 CFR part 51 subpart A) and 73 FR 76539. Although the AERR
requirements are separate from the SIP-related requirements in CAA
section 172(c)(3) and 40 CFR 51.117(e)(1), the AERR requirements are
intended to be compatible with the SIP-related requirements.
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2. Base Year Emissions Inventory in the 2012 Los Angeles County Lead
SIP
The 2010 base year inventory for the Los Angeles County lead
nonattainment area and additional documentation for the inventory are
described in Chapter 3 of the 2012 Los Angeles County Lead SIP. The
2010 base year lead inventory provides the basis for the control
measure analysis and the RFP and attainment demonstrations in the 2012
Los Angeles County Lead SIP.
Lead emissions are grouped into two general categories, stationary
sources and mobile sources. Stationary sources can be further divided
into ``point'' and ``area'' sources. Point sources are typically
emitted from permitted facilities and have one or more identified and
fixed pieces of equipment and emissions points. Facilities are required
to report their emissions to the SCAQMD Annual Emissions Reporting
Program. Conversely, area sources consist of widespread and numerous
smaller emission sources, such as small permitted facilities,
households, and road dust. The mobile sources category can be divided
into two major subcategories, ``on-road'' and ``off-road'' mobile
sources. On-road mobile sources include light-duty automobiles, light-,
medium-, and heavy-duty trucks, and motorcycles. Off-road mobile
sources include aircraft, locomotives, construction equipment, mobile
equipment, and recreational vehicles. The methodologies used to
calculate the emission inventories are described in Chapter 3 of the
2012 Los Angeles County Lead SIP.
Table 1 depicts the 2010 lead emissions inventory for the Los
Angeles County lead nonattainment area as presented in the 2012 Los
Angeles County Lead SIP. Emissions in Table 1 are broken down by the
major source categories described above. Table 2 provides a further
break down of the 2010 inventory into specific subcategories. Table 1
indicates that 4.2 tons per year (tpy) of lead emissions are from
mobile sources. This accounts for 23 percent of the total lead
inventory for Los Angeles County. Because lead is still used as an
additive in general aviation fuel, aircraft powered by piston-driven
engines comprise 4.0 tpy or 93 percent of the mobile source
inventory.\11\ Stationary and area sources
[[Page 75297]]
emit 14.0 tpy or 77 percent of the lead inventory. Two area sources,
construction and demolition and paved road dust, account for 12.6 tpy
or approximately 90 percent of the total stationary and area source
emissions.
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\11\ For a complete list of airports located in the Los Angeles
County lead nonattainment area and their lead emissions, see table
3-3 on page 3-11 of the South Coast Lead 2012 SIP or the Technical
Support Document for this action. For more information on EPA
efforts to monitor lead emissions at airports, see EPA Program
Update ``Airport Lead Monitoring,'' EPA-420-F-13-032, June 2013
found at http://www.epa.gov/otaq/regs/nonroad/aviation/420f13032.pdf.
Table 1--Summary of Los Angeles County Nonattainment Area 2010 Emissions
Inventory for Lead
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Lead emissions \a\
(tpy)
Source category ---------------------
2010
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Stationary and Area............................... 14.0
On-road Mobile.................................... 0.2
Off-road Mobile................................... 4.0
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Total......................................... 18.2
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\a\ Source: Table 3-1, 2012 Los Angeles County Lead SIP.
As indicated in Chapter 3, page 3-3 of the 2012 Los Angeles County
Lead SIP, Los Angeles County's lead nonattainment status is linked to
two large lead-acid battery-recycling facilities--Exide Technologies in
Vernon (``Exide'') and Quemetco Inc. in City of Industry
(``Quemetco''). These two sources fall within the Metal Processes
subcategory shown in Table 2.\12\ Even though the Metal Processes
category accounts for a small percentage of total emissions in the
nonattainment area, based on the historical lead measurements in Los
Angeles County, the vicinities near the Exide and Quemetco facilities
are areas where exceedances of the lead NAAQS have occurred in the past
and could potentially reoccur.
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\12\ Lead concentrations at all ambient monitoring network sites
in the Los Angeles County portion of the Basin are well below the
new 2008 standard for lead, with typical levels of about 0.01 [mu]g/
m\3\. The Los Angeles County lead nonattainment area's nonattainment
status has not been linked to any stationary sources other than
Exide and Quemetco; however, for additional information on point
sources that emit greater than one pound of lead per year and are
located in the nonattainment area, see Table 3-2 on page 3-9 of the
2012 Los Angeles County Lead SIP.
Table 2--Category-specific Los Angeles County Nonattainment Area 2010
Emissions Inventory for Lead
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2010 Lead emissions
Source category \a\ (tpy)
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Stationary and Area Sources
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Fuel Combustion:
Electric Utilities............................ 0.02
Cogeneration.................................. 0.01
Petroleum Refining (Combustion)............... 0.05
Manufacturing and Industrial.................. 0.08
Service and Commercial........................ 0.04
Waste Disposal:
Incinerators.................................. 0.01
Petroleum Production & Marketing:
Petroleum Refining............................ 0.03
Industrial Processes:
Mineral Processes............................. 0.06
Metal Processes............................... 0.42
Glass and Related Products.................... 0.02
Miscellaneous Processes:
Residential Fuel Combustion................... 0.02
Construction and Demolition................... 5.80
Paved Road Dust............................... 6.83
Unpaved Road Dust............................. 0.47
Fugitive Windblown Dust....................... 0.06
Fires......................................... 0.01
Waste Burning and Disposal.................... 0.03
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Total Stationary and Area Sources......... 13.96
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Mobile Sources
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On-Road Vehicles:
Light-Duty Passenger.......................... 0.09
Light & Medium Duty Trucks.................... 0.06
Heavy-Duty Gas Trucks......................... 0.0
Heavy-Duty Diesel Trucks...................... 0.07
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[[Page 75298]]
Total On-Road Vehicles.................... 0.22
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Off-road Mobile:
Aircraft...................................... 3.95
Trains........................................ 0.01
Ships & Commercial Boats...................... 0.0
Off-Road Equipment............................ 0.06
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Total Off-Road Mobile..................... 4.02
---------------------
Total All Sources......................... 18.20
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\a\ Source: 2012 Los Angeles County Lead SIP, Table 3-1.
3. Proposed Action on the Emission Inventory
We have reviewed the emissions inventories in the 2012 Los Angeles
County Lead SIP and the inventory methodologies used by the District
and CARB for consistency with CAA requirements, the lead NAAQS rule,
and EPA's guidance. We find that the 2010 base year inventory is a
comprehensive, accurate, and current inventory of actual or projected
emissions of lead in the Los Angeles County lead nonattainment area as
of the date of the submittal. We therefore propose to approve the 2010
base year inventory as meeting the requirements of CAA section
172(c)(3) and applicable EPA guidance.
C. RACM/RACT Demonstration and Adopted Control Strategy
1. Requirements for RACM/RACT Demonstrations
CAA section 172(c)(1) requires that each attainment plan ``provide
for the implementation of all reasonably available control measures as
expeditiously as practicable (including such reductions in emissions
from existing sources in the area as may be obtained through the
adoption, at a minimum, of reasonably available control technology),
and shall provide for attainment of the national primary ambient air
quality standards.'' EPA defines RACM as measures that a state finds
are both reasonably available and contribute to attainment as
expeditiously as practicable in its nonattainment area. Lead
nonattainment plans must contain RACM (including RACT) that address
sources of ambient lead concentrations. The EPA's historic definition
of RACT is the lowest emissions limitation that a particular source is
capable of meeting by the application of control technology that is
reasonably available considering technological and economic
feasibility.\13\ EPA recommends that, at a minimum, all stationary
sources emitting 0.5 tpy or more should undergo a RACT review. See 73
FR 67038. Based on annual emissions reporting for 2010, no point
sources in the Los Angeles County lead nonattainment area emit over 0.5
tpy of lead.\14\
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\13\ See for example, 44 FR 53761 (September 17, 1979) and
footnote 3 of that notice.
\14\ Exide is the largest stationary source emitter of lead in
Los Angeles County with 2010 emissions of 655.5 pounds or
approximately 0.3 tpy.
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2. RACM/RACT Demonstration in the 2012 Los Angeles County Lead SIP
CARB and the District have rulemaking processes for development,
adoption and implementation of RACM/RACT that have been in place for
decades.
Because of lead's dispersion characteristics (e.g., lack of
transport over a large geographic area), the highest ambient
concentrations of lead are expected to be near lead sources (e.g.,
Exide and Quemetco). The 2008 lead NAAQS is unique in that attainment
must be demonstrated at source-oriented monitors as well as ambient
monitors, and this RACM/RACT demonstration addresses specific
facilities that may cause a NAAQS exceedance. The RACM/RACT
demonstration for the 2012 Los Angeles County Lead SIP does not involve
or require a typical RACM evaluation as is done for other criteria
pollutants (e.g., ozone or fine particulate matter) which involves
looking at a broader set of source categories.
Based on lead monitoring data, SCAQMD identified two large lead-
acid battery recycling facilities (i.e., Exide and Quemetco) as the
only sources of lead in the Los Angeles County lead nonattainment area
that have caused or have the potential to cause exceedances of the 2008
lead NAAQS.\15\ The overall control strategy in the 2012 Los Angeles
County Lead SIP relies primarily on implementation of Rule 1420.1--
Emissions Standard for Lead from Large Lead-Acid Battery Recycling
Facilities, adopted by SCAQMD in November 2010. Thus EPA's evaluation
of RACM/RACT is based on an evaluation of Rule 1420.1. SCAQMD's RACM/
RACT evaluation is found in Section 6, pages 17-21 of the 2012 Los
Angeles County Lead SIP. A discussion of Rule 1420.1 is provided below.
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\15\ As previously stated, EPA recommends that, at a minimum,
all stationary sources emitting 0.5 tpy (1000 pounds) or more should
undergo a RACT review (See 73 FR 66964, at 67038). Based on annual
emissions reporting for 2010, no point sources in the Los Angeles
Lead nonattainment area emit over 0.5 tpy of lead.
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Control Measure
On January 25, 2013, EPA approved SCAQMD Rule 1420.1 into the
California SIP. See 78 FR 5305. Rule 1420.1 establishes facility-wide
and individual point source maximum allowable emission rates and
requires secondary lead control devices on dryers. Fugitive lead
emissions are addressed through housekeeping and maintenance activity
requirements, and total enclosures, vented to control devices, for all
areas where lead is being processed and where maintenance activities
are occurring. The rule also sets ambient standards for airborne lead
concentrations at monitors around the facility and requires facility-
operated monitors (a minimum of four) that collect samples on a once
every-three-days schedule. Source testing, recordkeeping, and reporting
requirements are included to ensure continuous compliance. The rule
also requires the submittal of a new compliance plan and emission
reduction feasibility study when a
[[Page 75299]]
source's monitoring indicates ambient levels have reached 0.12
[micro]g/m\3\, which is 80% of the rule limit.
EPA describes RACM/RACT nationally for secondary lead smelters in
guidance published in March 2012.\16\ Rule 1420.1 includes extensive
and comprehensive provisions for the control of lead point source and
fugitive emissions and contains all the necessary RACM/RACT elements
described in the EPA guidance. A summary of these minimum elements and
how they are addressed in Rule 1420.1 is provided in EPA's TSD for this
action and in the TSD for EPA's approval of Rule 1420.1.\17\
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\16\ Implementation of the 2008 Lead National Ambient Air
Quality Standards, Guide to Developing Reasonably Available Control
Measures (RACM) for Controlling Lead Emissions, EPA-457/R-12-001.
March 2012.
\17\ TSD for EPA's Proposed Rulemaking for the California SIP,
SCAQMD Rule 1420.1, Emissions Standard for Lead from Large Lead-acid
Battery Recycling Facilities. June 2012. The TSD is included in the
docket for today's action.
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EPA also published the final residual risk and technology review
revisions to the National Emission Standard for Hazardous Air
Pollutants from Secondary Lead Smelting on January 5, 2012 (NESHAP from
Secondary Lead Smelting). 77 FR 556. The revised NESHAP requirements
represent maximum achievable control technology (MACT) under CAA
section 112. MACT requirements apply nationwide, regardless of whether
an area attains the lead NAAQS. EPA considered the MACT requirements as
part of our evaluation of RACM/RACT. A summary of the MACT requirements
and how they are addressed by Rule 1420.1 is also in the TSD for EPA's
approval of Rule 1420.1, which can be found in the docket for today's
proposed action.
In its January 25, 2013 approval of Rule 1420.1, EPA determined
that, based on comparison of Rule 1420.1 to the national RACM guidance
and MACT, and additional analysis provided in SCAQMD's staff
report,\18\ Rule 1420.1 adequately fulfills CAA RACM/RACT requirements.
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\18\ Staff Report, Proposed Rule 1420.1--Emissions Standard for
Lead from Large Lead-Acid Battery Recycling Facilities, November,
2010.
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The following provides a detailed description of Rule 1420.1
requirements.
[ssquf] Ambient Air Lead Concentrations: Facilities are not allowed
to discharge into the atmosphere emissions which contribute to ambient
air concentrations of lead that exceed 0.15 [mu]g/m\3\ averaged over
any 30 consecutive days. The averaging time is shorter than that of the
lead NAAQS (rolling 3-month average of monthly averages) with a more
frequent sampling requirement of one sample in three days versus the
NAAQS which requires one sample in six days. Ambient air samples are
collected close to the facility's fenceline. Thus, potential rule
violations in the form of exceedances of the ambient limits in Rule
1420.1 will likely occur before exceedances of the federal NAAQS and
allow for corrective action to take place to avoid such federal NAAQS
exceedances.
[ssquf] Ambient Air Monitoring and Sampling Requirements: Each
facility is required to collect and analyze ambient air lead samples to
determine compliance with the ambient air quality lead concentration
standard of Rule 1420.1. The rule requires a minimum of four monitors
at facility locations approved by the District. Federal regulations
require only one source-oriented monitor at all facilities emitting
more than 0.5 tons of lead per year. Facilities are required to collect
samples at least once every three days, more frequently than the
federal requirement of once every six days.
Facilities that exceed an ambient air lead concentration of 0.15
[mu]g/m\3\ averaged over any 30 consecutive days, measured at any fence
line monitor, will be in violation of the rule and be required to
increase ambient air monitoring and sampling to a daily frequency.
Daily monitoring and sampling will be required to be conducted for a
period of at least 60 consecutive days at each sampling site that
measured an exceedance until no 30-day average exceedances are
recorded. Sampling sites at the property line may be located just
inside the fence line on facility property if logistical constraints
preclude placement outside the fence line. As a result, monitors
required under Rule 1420.1 will be located closer to fugitive lead
sources, in most cases, when compared to monitors required by federal
monitoring requirements, which must be in publicly accessible areas.
Along with the shorter averaging time described previously, all of the
ambient air monitoring and sampling requirements of Rule 1420.1 are
more stringent than the federal requirements, such that potential rule
violations will likely occur before exceedances of the lead NAAQS.
[ssquf] Total Enclosures: All areas used in the lead-acid battery
recycling operation for processing or storage of lead-containing
material, and all areas where maintenance is being performed, are
required to install total enclosures vented to a lead control device.
This requirement provides maximum containment and will minimize
fugitive lead-dust emissions generated in areas where processing,
handling and storage of lead-containing materials occur. Rule 1420.1
also establishes requirements for monitoring and maintaining negative
pressure and in-draft velocity at the openings of these enclosed areas.
[ssquf] Lead Point Source Emission Controls: All lead emissions
from lead point sources are required to be vented to an emissions
collection system that transports the entire gas stream to a lead
control device. The total facility mass lead emission rate for all lead
point sources shall not exceed 0.045 pounds of lead per hour (lbs/hr),
with a maximum emission rate for any single lead point source not to
exceed 0.010 lbs/hr. The maximum emission rates of 0.045 and 0.010 lb/
hr were established to adequately provide a protective limit for
exposure to lead emissions and achieve the ambient federal standard of
0.15 [mu]g/m\3\.
[ssquf] Housekeeping Requirements: The housekeeping requirements in
Rule 1420.1 include: Prescribed requirements for cleaning frequencies
of specific areas; maintenance activity; encapsulation of all facility
grounds; removal of weather caps on any lead emissions source stacks;
building structural integrity inspections; storage and transport of
lead-containing materials; onsite mobile vacuum sweeping; and surface
impoundment pond or reservoir cleanings.
[ssquf] Annual Source Testing: Annual source tests are required for
all lead control devices to demonstrate compliance with the facility
total lead mass emission rate standard of 0.045 lb/hr, and the maximum
individual stack lead emission rate standard of 0.010 lb/hr. If the
most recent source test for a lead point source demonstrates emissions
of 0.0025 lb/hr or less, the facility may alternatively elect to
conduct the next source test for that device within 24 months.
[ssquf] Recordkeeping and Reporting Requirements: Requires
recordkeeping and reporting, including public notifications, for
specific maintenance activity, turnarounds and shutdowns for all lead-
containing materials processed at the facility. Records for all
housekeeping, maintenance activity, ambient air lead monitoring, lead
control device inspection and maintenance, and unplanned shutdowns of
any smelting furnaces must be maintained. Facilities are required to
submit reports for monthly ambient air monitoring results for lead and
wind data measured at each sampling location on a monthly basis. The
rule also requires notifications of
[[Page 75300]]
planned and unplanned shutdowns, and turnarounds.
[ssquf] Compliance Plan: As an additional safeguard against the
facilities exceeding the lead NAAQS or Rule 1420.1 limits, the
requirement to prepare and submit a compliance plan is triggered if the
facility exceeds 0.12 [mu]g/m\3\ as measured on a 30-day rolling
average. The compliance plan must be implemented if the facility's lead
emissions contribute to an exceedance of the Rule 1420.1 ambient lead
standard of 0.15 [mu]g/m\3\ as measured on a 30-day rolling average.
The compliance plan provision is intended to ensure that measures can
be identified prior to exceedances of the 0.15 [mu]g/m\3\ NAAQS (which
is measured on a 90-day rolling average) and are ready for fast
implementation if the 0.15 [mu]g/m\3\ standard NAAQS is exceeded.
[ssquf] On January 27, 2012, SCAQMD approved a Compliance Plan for
Exide. The approved Compliance Plan requires Exide to implement various
measures and install various controls to reduce lead emissions.
Condition 8 of the Compliance Plan states that if, after March 31,
2012, monitored ambient lead concentrations exceed 0.15 [mu]g/m\3\,
Exide must submit to SCAQMD for approval, within 15 days of any such
occurrence, the mitigation measures it will implement. Such mitigation
measures include installation of second stage high efficient
particulate air (HEPA) filters at specified locations.
[ssquf] We discuss below how Rule 1420.1's compliance plan
provisions meet EPA criteria for contingency measures.
Expeditious Implementation of RACM/RACT. We find that expeditious
implementation of RACM/RACT at affected sources within the
nonattainment area is an appropriate approach to assure attainment of
the lead NAAQS in an expeditious manner.\19\ Rule 1420.1 establishes
various deadlines for affected sources. Specifically, Rule 1420.1
requires affected sources to: (1) Submit a complete permit application
for all construction and necessary equipment within 30 days of November
5, 2010; (2) complete all construction within 180 days of receiving
permit to construct approvals from the District, or by July 1, 2011,
whichever was earlier; and (3) install, maintain, and operate total
enclosures and lead point source emission control devices) by July 1,
2011. In addition, Rule 1420.1 requires expeditious installation of
additional controls in the event monitored ambient lead concentrations
exceed 0.15 [mu]g/m\3\ on a rolling 30 day average. EPA believes the
measures and schedule in Rule 1420.1 are both reasonably available and
provide for attainment as expeditiously as practicable in the Los
Angeles County lead nonattainment area.
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\19\ See Lead NAAQS Rule, 73 FR 66964 (November 12, 2008) at
67038-67039.
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Adopted Control Strategies
As described above, the primary control strategy in the 2012 Los
Angeles County Lead SIP relies on emission reductions achieved through
the implementation of SCAQMD Rule 1420.1--Emissions Standard for Lead
from Large Lead-Acid Battery Recycling Facilities. Full implementation
of Rule 1420.1 began on January 1, 2012, and EPA approved the rule into
the SIP on January 25, 2013. See 78 FR 5305.
3. Proposed Actions on RACM/RACT Demonstration and Adopted Control
Strategy
We propose to find that there are, at this time, no additional RACM
that individually or collectively would advance attainment of the lead
NAAQS by one year or more in the Los Angeles County lead nonattainment
area. We also propose to find that the RACM/RACT measure is both
reasonably available and provides for attainment as expeditiously as
practicable in the Los Angeles County lead nonattainment area. This
proposal is based on our review of the 2012 Los Angeles County Lead
SIP, the sources contributing to nonattainment of the lead NAAQS, the
District's adopted control strategy and EPA guidance. Therefore, we
propose to find that the 2012 Los Angeles County Lead SIP provides for
the implementation of RACM/RACT as required by CAA section 172(c)(1).
D. Attainment Demonstration
1. Requirements for Attainment Demonstrations
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.
2. Air Quality Modeling in the 2012 Los Angeles County Lead SIP
The lead attainment demonstration must include air quality
dispersion modeling developed in accordance with EPA's Modeling
Guidance.\20\ The SCAQMD 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).
AERSURFACE (version 08009) was 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. 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) \21\ and in the 2012 Los Angeles County Lead SIP in
the docket for today's proposed action.
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\20\ 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.
\21\ http://www.epa.gov/ttn/scram/.
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a. Modeling Approach
The following is an overview of the lead modeling approach used in
2012 Los Angeles County Lead SIP. This approach was developed by the
SCAQMD and revised based on comments received from the EPA.
Model inputs were developed using the AERMOD modeling system.
AERMET was used to develop the necessary 5-year meteorological data set
for each facility using the meteorological data from the most
representative monitoring station. For
[[Page 75301]]
the Exide facility modeling application, the SCAQMD Central LA
monitoring station was determined to be the most representative
meteorological site. SCAQMD's rationale for the use of these data is
described in the TSD for today's action. Only four years of
meteorological data were available for this station (2006 to 2009). The
La Habra monitoring station was determined to be the most
representative site for the Quemetco facility, and five years (2005 to
2009) of meteorological data were available. The National Weather
Service San Diego Miramar Naval Air Station were determined to be the
most representative upper air meteorological monitoring site for Exide
and Quemetco.
A Cartesian receptor grid with 50-meter by 50-meter spacing was
used at each facility, in addition to fence-line receptors placed at
25-meter intervals. Receptor elevations and hill heights were assigned
using AERMAP and terrain data, available from the United States
Geological Survey. AERMOD output was processed through EPA's LEADPOST
post processor (version 12114) deriving the maximum 3-month average
rolling design value across the 5-year meteorological data period for
Quemetco, and the 4-year period for Exide.
b. Modeling Results
Rule 1420.1 requirements were modeled to provide the assurance that
emissions will not cause a NAAQS violation in 2015. The modeling
results for total emissions (stack and fugitive emissions) are provided
in the SIP for each facility, and are discussed below. The lead NAAQS
compliance results of the attainment modeling are summarized below in
Table 3, 2008 Lead NAAQS Attainment Demonstration Modeling Results for
Exide and Quemetco Lead-Acid Battery Acid Recycling Facilities.
Stack Emissions
The Rule 1420.1 emission stack limits for 2015 were modeled for
Exide and Quemetco. For each facility, the 0.045 lb/hr total stack
emissions were evenly distributed throughout the stacks, and emissions
from any individual stack were kept below the 0.010 lb/hr per stack
limit. The modeled maximum 3-month rolling average lead concentration
from stack emissions alone for Exide is 0.115 [mu]g/m\3\. For Quemetco,
the modeled maximum 3-month rolling average lead concentration from
stack emissions is 0.083 [mu]g/m\3\. The 2015 modeled lead
concentrations for the Quemetco facility are a conservative estimate of
the impact because the modeling assumes the allowable stack emission
limits set by Rule 1420.1, which are significantly higher than
Quemetco's current stack emissions. No significant increases in actual
emissions are expected beyond the modest growth factors used in the
emission projection.
Fugitive Emissions
According to Chapter 6 of the 2012 Los Angeles County Lead SIP,
Exide identified fugitive lead emissions as resulting from its raw
materials processing system (RMPS) and from roadways. Quemetco did not
identify fugitive lead emission to SCAQMD, so SCAQMD assumed fugitive
emissions from Quemetco's battery wrecking area (which SCAQMD assumed
to be approximately equivalent to Exide's RMPS) and from roadways. For
2015, for both Exide and Quemetco, SCAQMD relied on Rule 1420.1
emission standards (in particular, a requirement to use an onsite
mobile vacuum sweeper or equivalent), and applied an 80% reduction to
the roadway fugitive emissions (based on an assumed efficiency of 80%
or greater for certified street sweepers). SCAQMD assumed that fugitive
emissions for Exide's RMPS and Quemetco's battery wrecker area would
not change between the current year and 2015 and therefore applied the
same emissions values to the current year and year 2015 for these
areas.
The modeling takes a number of relevant factors into consideration,
including emissions, receptor proximity, and wind direction. The
modeled maximum 3-month rolling average lead concentration from all
emissions (stack and fugitive emissions combined) is 0.135 [mu]g/m\3\
for the Exide facility, and 0.140 [mu]g/m\3\ for Quemetco.
3. Attainment Demonstration
The AERMOD modeling results are presented in Table 3 below. A
background ambient air quality concentration of 0.01 [mu]g/m\3\, based
on air quality monitoring data from the South Coast AQMD network,\22\
is included in the modeling results. The maximum modeled 3-month
rolling average, including background data, for each of the facilities
is less than or equal to the 2008 Lead NAAQS of 0.15 [mu]g/m\3\. Based
on these modeled attainment demonstration results, the SCAQMD concludes
that the proposed controls should be sufficient to attain the 2008 lead
NAAQS. A more detailed discussion of the modeling is included in the
TSD for today's action and in Chapter 5 of the 2012 Los Angeles County
Lead SIP.
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\22\ SCAQMD's monitoring network lead design values for 2012,
based on data from 2010, 2011 and 2012.
Table 3--2008 Lead NAAQS Attainment Demonstration Modeling Results for
Exide and Quemetco Lead-Acid Battery Acid Recycling Facilities \23\
------------------------------------------------------------------------
Lead concentration (maximum
3-month rolling
Facility average),\24\ stack and
fugitive emission
------------------------------------------------------------------------
Exide..................................... 0.135 [mu]g/m \3\
Quemetco.................................. 0.140 [mu]g/m \3\
------------------------------------------------------------------------
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\23\ Final results listed in Table 3 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.
\24\ The maximum modeled 3-month rolling average across all
years of meteorological data (Exide 2006-2009, and Quemetco 2005-
2009).
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4. Proposed Action on Attainment Demonstration
EPA has reviewed the modeling that SCAQMD submitted to support the
attainment demonstration for 2012 Los Angeles County Lead SIP and has
preliminarily determined that this modeling is consistent with CAA
requirements, Appendix W, and EPA guidance for lead attainment
demonstration modeling. We therefore propose to approve the modeling
and attainment demonstration in the 2012 Los Angeles County Lead SIP.
E. RFP Demonstration
1. Requirements for RFP
CAA section 172(c)(2) requires that attainment plans shall provide
for RFP. RFP is defined in section 171(1) as ``such annual incremental
reductions in emissions of the relevant air pollutant as are required
by this part or may reasonably be required by the Administrator for the
purpose of ensuring attainment of the applicable national ambient air
quality standard by the applicable date.'' While for some pollutants,
historically, RFP has been met through generally linear incremental
progress toward attainment by the applicable attainment date, EPA
believes that RFP for lead nonattainment areas should be met by
``adherence to an ambitious compliance schedule'' which is expected to
periodically yield significant emission reductions, and as appropriate,
linear progress.\25\
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\25\ 73 FR 66964, at p. 67038.
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EPA recommends that SIPs for lead nonattainment areas provide a
detailed schedule for compliance of RACM
[[Page 75302]]
(including RACT) in the affected areas and accurately indicate the
corresponding annual emission reductions to be achieved.\26\ EPA
expects that a detailed schedule would provide for periodic yields in
significant emissions reductions.\27\ In reviewing the SIP, EPA
believes that it is appropriate to expect early implementation of less
technology-intensive control measures (e.g., controlling fugitive dust
emissions at the stationary source, as well as required controls on
area sources) while phasing in the more technology-intensive control
measures, such as those involving the purchase and installation of new
hardware. We believe the expeditious implementation of RACM/RACT at
affected sources within the nonattainment area is an appropriate
approach to assure attainment of the lead NAAQS in an expeditious
manner.\28\
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\26\ Lead Q&A, p. 2.
\27\ Ibid.
\28\ See 73 FR 66964 (November 12, 2008) at 67038-67039.
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2. RFP Demonstration in the 2012 Los Angeles County Lead SIP
The RFP demonstration is contained in Chapter 6 of the 2012 Los
Angeles County Lead SIP. The demonstration uses the 2010 actual
emissions inventory as the base year inventory and 2012-2015 projected
emissions based on Rule 1420.1 allowable emissions limits. Below we
summarize the RFP demonstration in the 2012 Los Angeles County Lead SIP
for both the Exide and Quemetco facilities.\29\
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\29\ See 2012 Los Angeles County Lead SIP, pages 6-14 to 6-17.
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To demonstrate the emissions reductions associated with adherence
to an ambitious compliance schedule and expeditious implementation of
control measures, SCAQMD has addressed this requirement through the
schedules in Rule 1420.1. Rule 1420.1 contains compliance deadlines of
July 1, 2011 for implementation of all requisite control measures and
emissions limits, and January 1, 2012 for the ambient monitoring limit
of 0.15 [mu]g/m\3\. The emissions reductions associated with Rule
1420.1 are presented in Table 4 below. By the time the 2012 Los Angeles
County Lead SIP was submitted to EPA in June of 2012, most compliance
deadlines in South Coast Rule 1420.1 were already in effect.
Table 4--2012 Los Angeles County Lead SIP RFP Demonstration
[Emissions in lb/yr]
----------------------------------------------------------------------------------------------------------------
2012 Emissions
(after
Facility 2010 Emissions implementation of 2015 Emissions
(actual emissions) south coast rule
1420.1)
----------------------------------------------------------------------------------------------------------------
Exide........................................ 655.5 \a\ 437.4 <=437.4
Quemetco..................................... 96.2 a b 98.1 a b 107.7
----------------------------------------------------------------------------------------------------------------
\a\ Total emissions based on requirements in South Coast Rule 1420.1.
\b\ 2010 emissions were grown based on the growth factor in the South Coast 2007 Air Quality Management Plan.
RFP for Exide is demonstrated through the achievement of a 30
percent emissions reduction (i.e., 655.5 tpy - 437.4 tpy = 218.1 lbs/
yr) resulting from implementation of South Coast Rule 1420.1.
Quemetco's actual emissions in 2010 were 96.21 lbs/year, well below the
422.3 lbs/yr allowed based on requirements in Rule 1420.1.\30\ With
continued implementation of Quemetco's control measures, emissions are
expected to stay well below 422.3 lbs/yr, as indicated in Table 4.
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\30\ Between 2006 and 2008, Quemetco significantly reduced
actual emissions at their facility. In response to requirements
under California Assembly Bill 2588 (The Air Toxics ``Hot Spots''
Information and Assessment Act), Quemetco submitted a Health Risk
Assessment (HRA) to SCAQMD in December 2005. To reduce toxic
emissions of metals (including lead) and particles identified in the
HRA, Quemetco installed a wet electrostatic precipitator (WESP) that
became fully operational and approved by SCAQMD in October 2008. The
WESP, combined with other facility changes, significantly reduced
lead emissions compared to prior years (e.g., 643 lbs reported by
Quemetco for 2006).
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Rule 1420.1 was determined to meet RACM (see 78 FR 5305, January
25, 2013 and that determination is affirmed in today's action), and the
emissions reductions resulting from implementation of Rule 1420.1 serve
to meet the RFP requirements of the lead NAAQS.
3. Proposed Action on the RFP Demonstration
We propose to find that the State has demonstrated that the 2012
Los Angeles County Lead SIP meets the requirements of section 172(c)(2)
and relevant EPA guidance for meeting RFP.
F. Contingency Measures
1. Requirements for Contingency Measures
Under CAA section 172(c)(9), all lead attainment plans must include
contingency measures to be implemented if an area fails to meet RFP
(``RFP contingency measures'') and contingency measures to be
implemented if an area fails to attain the lead NAAQS by the applicable
attainment date (``attainment contingency measures''). These
contingency measures must be fully adopted rules or control measures
that are ready to be implemented quickly without significant additional
action by the State or EPA if the area fails to meet RFP requirements
or fails to meet its attainment date. They must also be measures not
relied on to demonstrate RFP or attainment in the plan and should
provide SIP-creditable emissions reductions generally equivalent to
about one year's worth of RFP. Finally, the SIP should contain a
trigger mechanism for the contingency measures and specify a schedule
for their implementation. See CAA section 172(c)(9).
Contingency measures can include federal measures and local
measures already scheduled for implementation that provide emissions
reductions in excess of those needed to provide for RFP or expeditious
attainment. EPA has approved numerous SIPs under this interpretation.
See, e.g., 62 FR 15844, April 3, 1997; 62 FR 66279, December 18, 1997;
66 FR 30811, June 8, 2001; 66 FR 586 and 66 FR 634, January 3, 2001.
EPA recognizes that certain actions, such as the notification of
sources, modification of permits, etc., may be needed before a measure
could be implemented. However, states must show that their contingency
measures can be implemented with only minimal further action on their
part and with no additional rulemaking actions such as public hearings
or legislative review.
After EPA determines that a lead nonattainment area has failed to
[[Page 75303]]
maintain RFP or timely attain the lead NAAQS, EPA generally expects all
actions needed to affect full implementation of the contingency
measures to occur within 60 days after EPA notifies the state of such
failure.\31\ The state should ensure that the measures are fully
implemented as expeditiously as practicable after the requirement takes
effect.
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\31\ 73 FR 66964, at p. 67039.
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If a State chooses to implement contingency measures earlier than
would be triggered by a failure to demonstrate RFP or to attain, EPA
does not believe the State needs to adopt additional contingency
measures as a backfill for the early activation of those contingency
measures.\32\ However, if the area fails to demonstrate RFP or to
attain, then the State will need to adopt additional contingency
measures.\33\
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\32\ See Memorandum, G.T. Helms, EPA Office of Air Quality
Planning and Standards, USEPA, to Air Branch Chiefs, EPA Regions I-
X, ``Early Implementation of Contingency Measures for Ozone and
Carbon Monoxide (CO) Nonattainment Areas,'' dated August 13, 1993.
http://www.epa.gov/ttn/oarpg/t1/memoranda/19930813_helms_contingency_measures_early_implementation.pdf and EPA's Lead Q&A.
\33\ Ibid.
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2. Contingency Measures in the 2012 Los Angeles County Lead SIP
The attainment plan for the Los Angeles County lead nonattainment
area includes contingency measures to be implemented if the area fails
to meet RFP requirements or to attain by its attainment date. The
contingency measures for the Los Angeles County lead nonattainment area
can be found in Chapter 6 of the 2012 Los Angeles County Lead SIP.\34\
They are described below.
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\34\ See 2012 Los Angeles County Lead SIP, pp. 6-3 to 6-14.
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SCAQMD included facility-specific contingency measures for Exide
and Quemetco in the 2012 Los Angeles County Lead SIP.\35\ This is
appropriate, given that these sources have historically been the major
cause of NAAQS violations in the Los Angeles County lead nonattainment
area.
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\35\ See 2012 Los Angeles County Lead SIP, Chapter 6, pages 6-10
through 6-13.
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Exide
For the Exide facility, SCAQMD has submitted conditions 8A and 8B
of the Exide compliance plan that was submitted to SCAQMD on December
20, 2011, and approved by SCAQMD on January 27, 2012 to EPA for
inclusion in the SIP.\36\ These measures state that as of March 31,
2012, if monitored ambient lead concentrations exceed 0.15 [mu]g/m\3\
on a rolling 30-day average at any SCAQMD or SCAQMD-approved ambient
monitor, Exide shall implement, individually or in combination,
mitigation measures to address the specific problem causing the ambient
value to exceed 0.15 [mu]g/m\3\ on a rolling 30-day average.
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\36\ See letter, Jay Chen, P.E., Senior Engineering Manager,
Engineering and Compliance, SCAQMD, to Corey Vodvarka, Plant
Manager, Exide Technologies, dated January 27, 2012 and Exide
compliance plan dated December 15, 2011, as modified January 20,
2012 in the docket for today's action.
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The specific mitigation measures are described below. The
mitigation measures can be implemented individually or in combination
based on the specific situation surrounding the exceedance of the
trigger concentration.
Condition 8A: Install an additional room ventilation baghouse or
dust collector, equipped with a second stage high efficiency
particulate air (HEPA) filter, with sufficient blower capacity to move
a minimum of 50,000 cubic feet per minute (CFM) of air from one or more
of the following locations:
a. The battery crusher room in the north end of the RMPS building.
b. The truck loading and unloading dock on the south end of the
RMPS building.
c. The furnace room in the smelter building.
d. The cupola feed room in the south end of the smelter building.
As an alternative to adding additional ventilation with individual
baghouses or dust collectors, Exide may install a single larger air
pollution control system with at least 200,000 CFM of blower capacity
to cover all four of these locations.
Condition 8B: Install second stage HEPA filters on one or more of
the following air pollution control systems:
a. The hard lead refinery baghouse (device C47).
b. The soft lead refinery baghouse (device C46).
c. The MAC baghouses venting the RMPS building (devices C156 and
C157).
d. The cupola furnace feed room baghouse (device C48).
According to the requirements of South Coast Rule 1420.1, Exide
must submit these measures to SCAQMD for approval within 15 days of a
triggering occurrence.\37\
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\37\ Chen, p. 3.
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These measures are in addition to the measures specified in South
Coast Rule 1420.1. The trigger mechanism is an ambient lead
concentration exceeding 0.15 [mu]g/m\3\ on a rolling 30-day average,
which is more stringent than a NAAQS violation of 0.15 [mu]g/m\3\ on a
rolling 3-month average.\38\
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\38\ For current information about recent controls that have
been installed or will be installed at Exide see www.aqmd.gov/prdas/AB2588/Exide/Exide.html.
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Quemetco
In accordance with the Helms memo on early implementation of
contingency measures, Quemetco's contingency measure is a control
measure that is not needed for RFP or attainment.\39\ Quemetco has
installed a wet electrostatic precipitator (WESP) device as a secondary
control device for air contaminants such as lead present in the gas
stream as condensable particulates. For Quemetco, the proper design and
operation of the WESP serves as the contingency measure. The WESP has
already been implemented, thus no trigger or implementation schedule is
needed. The WESP goes beyond what is required under South Coast Rule
1420.1, and the reductions provided by the measure are not included in
or needed for the RFP or attainment demonstrations.
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\39\ See footnote 21.
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3. Proposed Action on the Contingency Measures
We propose to find that the State has demonstrated that the 2012
Los Angeles County Lead SIP meets the requirements of section 172(c)(9)
and relevant EPA guidance for contingency measures that would be
triggered for failure to make RFP and for failure to attain.
V. EPA's Proposed Action and Request for Public Comments
A. EPA's Proposed Approvals
For the reasons discussed above, EPA is proposing to approve
California's attainment SIP for the Los Angeles County lead
nonattainment area for the 2008 lead NAAQS. This SIP submittal
addresses CAA requirements and EPA regulations for expeditious
attainment of the 2008 lead NAAQS for the Los Angeles County lead
nonattainment area.
For the reasons discussed in this proposed rulemaking, EPA is
proposing to approve under CAA section 110(k)(3) the following elements
of the South Coast lead attainment SIP:
1. The SIP's base year emissions inventory as meeting the
requirements of CAA section 172(c)(3) and 40 CFR 51.117(e)(1);
2. the attainment demonstration, including air quality modeling,
that demonstrates attainment as expeditiously as practicable, as
meeting
[[Page 75304]]
the requirements of CAA section 172(c)(1);
3. the RACM/RACT demonstration, as meeting the requirements of CAA
section 172(c)(1);
4. the RFP demonstration, as meeting the requirements of CAA
section 172(c)(2);
5. and contingency measures as meeting the requirements of the CAA
section 172(c)(9).
B. Request for Public Comments
We are taking public comments for thirty days following the
publication of this proposed rule in the Federal Register. We will take
all comments into consideration in our final rule.
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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 26, 2013.
Jared Blumenfeld,
Regional Administrator, EPA Region IX.
[FR Doc. 2013-29583 Filed 12-10-13; 8:45 am]
BILLING CODE 6560-50-P