[Federal Register Volume 79, Number 85 (Friday, May 2, 2014)]
[Proposed Rules]
[Pages 25077-25084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10116]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R09-OAR-2014-0266; FRL-9910-31-Region-9]
Designation of Areas for Air Quality Planning Purposes; State of
Arizona; Pinal County and Gila County; Pb
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to section 107(d)(3) of the Clean Air Act, the
Environmental Protection Agency (EPA) is proposing to redesignate the
Hayden area in Arizona, which encompasses portions of southern Gila and
eastern Pinal counties, from ``unclassifiable'' to ``nonattainment''
for the 2008 national ambient air quality standards for lead (Pb).
EPA's proposal to redesignate the Hayden area is based on recorded
violations of the Pb standards at the Arizona Department of
Environmental Quality's (ADEQ's) Globe Highway monitoring site, located
near the towns of Hayden and Winkleman, Arizona, and additional
relevant air quality information. The effect of this action would be to
redesignate the Hayden area to nonattainment for the Pb standards and
thereby to impose certain planning requirements on the State of Arizona
to reduce Pb concentrations within this area, including, but not
limited to, the requirement to submit, within 18 months of
redesignation, a revision to the Arizona state implementation plan that
provides for attainment of the Pb standards as expeditiously as
practicable, but no later than five years after the date of
redesignation to nonattainment.
DATES: Any comments must arrive by June 2, 2014.
[[Page 25078]]
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0266, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: [email protected].
3. Mail or deliver: Ginger Vagenas (Air-2), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
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.
www.regulations.gov 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 comment 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 at www.regulations.gov and in hard copy at EPA Region
IX, 75 Hawthorne Street, San Francisco, California. While 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,
large format or voluminous documents), and some may not be publicly
available in 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.
FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, (415)
972-3964, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. Background
II. EPA's Decision To Address Pb Violations Monitored in the Hayden
Area Through Redesignation
III. State of Arizona's Recommendation and EPA's Analysis
IV. Proposed Action and Request for Public Comment
V. Statutory and Executive Order Reviews
I. Background
EPA revised the primary (health-based) Pb national ambient air
quality standard (NAAQS) on October 15, 2008, lowering it from the 1.5
micrograms per cubic meter ([mu]g/m\3\) level set in 1978 to a level of
0.15 [mu]g/m\3\. The secondary (welfare-based) standard was revised to
be identical in all respects to the primary standard. See 73 FR 66964,
November 12, 2008. An area violates the revised standards if any
arithmetic 3-month mean (hereafter referred to as ``average'')
concentration measured within the preceding three years is greater than
0.15 [mu]g/m\3\. EPA also expanded the Pb monitoring network by
requiring new monitors to be sited near sources emitting one ton or
more of Pb per year by January 1, 2010 and in certain non-source
oriented locations by January 1, 2011.
Section 107(d) of the Clean Air Act (CAA or ``Act'') establishes a
process for making initial area designations when a NAAQS is revised.
In general, states are required to submit designation recommendations
to EPA within one year of promulgation of a new or revised standard and
EPA is required to complete initial designations within two years of
promulgation. However, if EPA has insufficient information to
promulgate designations, it can extend the period for initial
designations for up to one year. For the initial designations for the
2008 Pb NAAQS, data from pre-existing monitors provided sufficient
information to make some designations within the two-year timeframe.
Because other areas would not have monitoring data until after the
newly required monitors were in place, EPA decided to promulgate
initial designations for the Pb NAAQS in two separate actions. The
first round of designations (promulgated November 16, 2010 (75 FR
71033, November 22, 2010)) included areas with sufficient monitoring
information at the time to determine nonattainment; the second round
(promulgated November 8, 2011 (76 FR 72097, November 22, 2011))
included all other areas.
On December 15, 2009, in accordance with the process set out in CAA
section 107(d)(1), Arizona submitted its recommended designations for
the revised standard to EPA. At that time, ambient air quality data
collected by EPA Region 9's Superfund Division from a monitor sited at
the Hayden Maintenance Building, located just west of the ASARCO copper
concentrate and smelting facility, indicated that the Hayden area was
violating the new standard.\1\ Arizona recommended that EPA promulgate
an unclassifiable/attainment designation for most of the State, but
recommended that EPA delay designating the Hayden area because the
Asarco Hayden copper smelter (ASARCO), the source of Pb emissions in
the area, had committed to improve its control of Pb emissions. Arizona
further recommended that if the Hayden area continued to violate the Pb
NAAQS on or after March 2010, it should be designated nonattainment.
Subsequently, ADEQ recommended that if EPA were to determine that
monitored concentrations in the Hayden area were exceeding the
standard, the EPA should follow the Governor's recommendation to
promulgate a lead nonattainment area with boundaries identical to the
Hayden sulfur dioxide nonattainment area boundaries with respect to
State lands.\2\
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\1\ Values from July, August, and September 2008 resulted in a
3-month average design value of 0.17 [mu]g/m\3\ at the Hayden
Maintenance Building monitor.
\2\ Letter (with enclosure) from Benjamin H. Grumbles, Director,
ADEQ, to Laura Yoshii, Acting Regional Administrator, U.S. EPA
Region 9, dated December 17, 2009.
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In 2010, in conjunction with the initial designations for the 2008
Pb NAAQS, EPA undertook a technical analysis for the Hayden, Arizona
area to evaluate the available air quality data and to determine
whether the boundary recommended by the State encompassed the area that
did not meet, or that contributed to ambient air quality in the area
that did not meet, the 2008 Pb standard, consistent with section
107(d)(1)(A). The analysis identified the monitor that was violating
the newly revised standard and evaluated nearby areas for contributions
to ambient lead concentrations in the area.\3\ EPA evaluated the
surrounding area based on the weight of evidence of the following
factors recommended in previous EPA guidance:
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\3\ See the 2010 draft technical support document entitled
``ARIZONA, Area Designations for the 2008 Lead National Ambient Air
Quality Standards.''
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Air quality in potentially included versus excluded areas;
Emissions and emissions-related data in areas potentially
included versus excluded from the nonattainment area, including
population data, growth rates and patterns and emissions controls;
Meteorology (weather and transport patterns);
Topography (surface features such as mountain ranges or
other air basin boundaries);
Jurisdictional boundaries (e.g., counties, air districts,
and reservations); and
Any other relevant information submitted to or collected
by EPA.
[[Page 25079]]
Based on our consideration of available air quality data and the
factors listed above, EPA determined that a designation of
nonattainment was appropriate and that the Hayden area boundaries
recommended by the State in 2009 encompassed the entire area that did
not meet (or that contributed to ambient air quality in a nearby area
that did not meet) the 2008 Pb NAAQS. Accordingly, in a letter dated
June 14, 2010, EPA notified Arizona that we intended to designate the
Hayden area nonattainment for the 2008 Pb NAAQS.\4\
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\4\ Letter from Jared Blumenfeld, Regional Administrator, U.S.
EPA, Region 9, to Janice K. Brewer, Governor of Arizona, dated June
14, 2010.
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EPA subsequently published a notice in the Federal Register
providing an opportunity for the public to comment on our intended
designations (75 FR 39254, July 8, 2010). Commenters challenged our
proposal to designate the Hayden area nonattainment and asserted that
the monitoring data we relied upon (i.e., the data collected at the
Superfund Divison's Hayden Maintenance Building site), was not
collected in accordance with applicable quality assurance and quality
control (``QA/QC'') requirements. Based on our evaluation of the
monitoring data issues raised in these comments, we determined that we
did not have sufficient information to promulgate a nonattainment
designation for the Hayden area at that time. Accordingly, we delayed
our designation for the Hayden area until the final round of
designations, slated for the following year.
On November 8, 2011, EPA completed its initial designations for the
revised Pb standard.\5\ Most of Arizona was designated unclassifiable/
attainment for the Pb NAAQS. We designated the Hayden area, with the
boundaries Arizona recommended,\6\ as unclassifiable rather than
nonattainment because there were available monitoring data recorded at
ADEQ's new Globe Highway monitoring site indicating a significant
likelihood that the area was violating the 2008 Pb NAAQS, but the
available information was insufficient at that time to make a
nonattainment designation.\7\ In our letter to Governor Brewer
notifying her of our action, EPA explained that, should we subsequently
determine that the lead standards were being violated, we would
initiate the process to redesignate the Hayden area to
nonattainment.\8\
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\5\ See 76 FR 72097, November 22, 2011.
\6\ See 40 CFR 81.303 for a legal description of the boundary of
the Hayden area.
\7\ Because of the form of the 2008 Pb NAAQS, one 3-month
average ambient air concentration over 0.15 [mu]g/m\3\ is enough to
cause a violation of the Pb NAAQS. ADEQ's Globe Highway monitor
registered four violations in 2011; however, at the time of
designation the data had not been quality assured and certified and
therefore could not be relied upon as the basis for a nonattainment
designation.
\8\ Letter from Lisa P. Jackson, Administrator, U.S. EPA, to
Janice K. Brewer, Governor of Arizona, dated November 8, 2011.
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II. EPA's Decision To Address Pb Violations Monitored in the Hayden
Area Through Redesignation
The CAA grants EPA the authority to change the designation of, or
``redesignate,'' areas in light of changes in circumstances. More
specifically EPA has the authority under CAA section 107(d)(3) to
redesignate areas (or portions thereof) on the basis of air quality
data, planning and control considerations, or any other air quality-
related considerations.
Table 1, below, presents a summary of the latest available quality-
assured Pb monitoring data from the State-operated monitor (ADEQ's
Globe Highway monitor). A map showing the location of the monitor is
included in our Technical Support Document (EPA TSD), which is
contained in the docket for this rulemaking.
Table 1--2012 Pb Design Values (DVs, [mu]g/m\3\), ADEQ's Globe Highway
Monitor (AQS ID 04-007-1002)
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3-month period 2012 DVs
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Nov-Dec-Jan.................................................. 0.07
Dec-Jan-Feb.................................................. 0.14
Jan-Feb-Mar.................................................. 0.15
Feb-Mar-Apr.................................................. 0.20
Mar-Apr-May.................................................. 0.16
Apr-May-Jun.................................................. 0.20
May-Jun-Jul.................................................. 0.15
Jun-Jul-Aug.................................................. 0.14
Jul-Aug-Sep.................................................. 0.12
Aug-Sep-Oct.................................................. 0.11
Sept-Oct-Nov................................................. 0.09
Oct-Nov-Dec.................................................. 0.06
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* Data pulled from AQS on March 31, 2014.
As shown in Table 1, the ADEQ's Globe Highway monitor recorded
three violations in 2012. An area violates the revised standards if any
arithmetic 3-month average concentration is greater than 0.15 [mu]g/
m\3\. The NAAQS is met if an area does not measure any exceedances of
the standard for three consecutive calendar years.
On June 12, 2013, under CAA section 107(d)(3)(A), EPA notified the
Governor of Arizona that the designation for Hayden should be revised.
EPA's June 2013 decision to initiate the redesignation process for the
Hayden area stemmed from review of the quality assured, certified
monitoring data that indicate that three-month rolling average values
violated the Pb standards for February-April, March-May, and April-June
2012. In light of the violations of the Pb standard recorded in 2012 at
ADEQ's Globe Highway monitor, EPA concluded that the SIP planning and
control requirements that are triggered by redesignation of an area to
nonattainment for the Pb NAAQS would be the most appropriate means to
ensure that this air quality problem is remedied.
Section III of this document describes the State of Arizona's 2013
recommendation with respect to this proposed redesignation to
nonattainment and summarizes EPA's review of both the State's
recommendation and additional relevant information, and our conclusions
based on that review. Section IV describes our proposed action and the
corresponding CAA planning requirements that would thereby be
triggered.
III. State of Arizona's Recommendation and EPA's Analysis
Monitoring Data
Pursuant to section 107(d)(3)(B) of the Act, on September 25, 2013,
the Governor of Arizona responded to EPA's June 12, 2013 notification
that the Hayden area should be redesignated to nonattainment for the Pb
NAAQS. Governor Brewer recommended that the Hayden area not be
redesignated to nonattainment ``because there have been no lead [Pb]
standard violations since June 2012, when the ASARCO Hayden Copper
Smelter completed the addition of controls to reduce lead emissions.''
\9\ The Governor acknowledged that if additional violations of the 2008
Pb NAAQS occur, a designation to nonattainment for the Pb standard
would be appropriate and that in such a case, the Pb nonattainment area
boundaries should be identical to the Hayden sulfur dioxide
(SO2) nonattainment area boundaries, as recommended in her
December 15, 2009 letter.10 11
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\9\ Letter from Janice K. Brewer, Governor of Arizona, to Jared
Blumenfeld, Regional Administrator, U.S. EPA Region 9, dated
September 25, 2013.
\10\ The boundaries of the SO2 nonattainment area and
the Pb unclassifiable area are identical.
\11\ The Governor explicitly excludes Indian country, which is
appropriate given that the State of Arizona is not authorized to
administer programs under the CAA in the affected Indian country.
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[[Page 25080]]
In support of the Governor's recommendation, ADEQ submitted to EPA
a technical support document entitled, ``Relationship Between Ambient
Sulfur Dioxide and Lead Concentrations'' \12\ (ADEQ 2013 TSD). The ADEQ
2013 TSD examines the relationship between ambient concentrations of
SO2 and Pb over time. ADEQ asserts that there is a very
strong relationship between the two pollutants, but that the separation
between the SO2 concentrations and Pb concentrations
increased after July 2012, which they attribute to a decrease in Pb
emissions due to new controls. The document states that ambient
SO2 concentrations were approximately 263 times that of Pb
during the period of January 15, 2011 to June 30, 2012. From July 1,
2012 to June 30, 2013, the average SO2/Pb ratio changed to
approximately 719. ADEQ points to this ``abrupt change'' in the ratio
of SO2 to Pb concentrations that occurred around July 2012
as evidence that the Pb emissions controls installed at that time have
reduced the ambient concentrations of Pb. ADEQ concludes that,
``[w]hile it is believed that the installed control devices were
effective in reducing the ambient Pb concentrations in Hayden, AZ,
additional data would be needed to verify that the Globe Highway Pb
monitor continues to attain the Pb NAAQS.'' \13\
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\12\ Letter (with enclosure) from Eric C. Massey, Director, Air
Quality, ADEQ, to Jared Blumenfeld, Regional Administrator, U.S. EPA
Region 9, dated October 4, 2013.
\13\ ADEQ 2013 TSD, page 4.
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EPA has reviewed the Governor's recommendation and ADEQ's 2013 TSD
and concurs with the statement that ADEQ's Globe Highway monitor has
not measured a violation since July of 2012. However, given the form of
the Pb NAAQS, in order to be considered to be attaining the standard an
area must have three years of valid air quality data without any
violations of the 2008 Pb NAAQS.\14\ As shown in Table 1, the most
recent certified monitoring data collected at ADEQ's Globe Highway
monitor near the ASARCO facility show three violations of the 2008 Pb
NAAQS in 2012. Accordingly, we also concur with ADEQ's conclusion that
the data gathered thus far by the ADEQ Globe Highway monitor are not
sufficient to determine that the area has attained the NAAQS.
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\14\ Data from calendar year 2013 have not yet been certified as
being complete and accurate, and are therefore considered to be
supplemental data for this action. This certification is due by May
1, 2014 pursuant to 40 CFR 58.15.
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Other Air Quality-Related Considerations
In addition to certified data from 2012 collected at the ADEQ Globe
Highway Monitor, EPA has evaluated monitoring data collected in
calendar year 2013. Because these data have not yet been certified as
being completely submitted and accurate, we present data from 2013 as
supplemental information for this action.
As of March 31, 2014, data through December 31, 2013 from ADEQ's
Globe Highway monitor (04-007-1002) are available in EPA's Air Quality
System (AQS) database. According to the preliminary data from the ADEQ
Globe Highway monitor, no three-month rolling averages from 2013 have
violated the Pb NAAQS, although two monthly averages from 2013 (March
and June) were above the 0.15 [micro]g/m\3\ level of the Pb NAAQS. See
Table 2.
Table 2--Preliminary 2013 Data From ASARCO's Monitoring Network and ADEQ's Globe Highway Monitor
[Pb Concentrations ([micro]g/m \3\)]
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ASARCO monitors ADEQ monitor
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Hillcrest Parking Lot Post Office Winkelman Globe Globe
Ave. --------------------------------------- HS Highway Highway--ADEQ
------------- ST-26 co- ----------------------------------------
ST-23 ST-14 ST-26 located ST-02 ST-05 (04-007-1002)
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January 2013 monthly average............................... ........... ........... ........... ........... ........... ........... 0.063
Nov 2012-Jan 2013 3 month average.......................... ........... ........... ........... ........... ........... ........... 0.04
February 2013 monthly average.............................. ........... ........... ........... ........... ........... ........... 0.049
Dec 2012-Feb 2013 3 month average.......................... ........... ........... ........... ........... ........... ........... 0.04
March 2013 monthly average................................. ........... ........... ........... ........... ........... ........... 0.170
Jan-March 2013 3 month average............................. ........... ........... ........... ........... ........... ........... 0.09
April 2013 monthly average................................. ........... ........... ........... ........... ........... ........... 0.112
Feb-Apr 2013 3 month average............................... ........... ........... ........... ........... ........... ........... 0.11
May 2013 monthly average................................... ........... ........... ........... ........... ........... ........... 0.062
Mar-May 2013 3 month average............................... ........... ........... ........... ........... ........... ........... 0.11
June 2013 monthly average.................................. ........... ........... ........... ........... ........... ........... 0.183
Apr-Jun 2013 3 month average............................... ........... ........... ........... ........... ........... ........... 0.12
July 2013 monthly average.................................. 0.096 ........... ........... ........... ........... ........... 0.081
May-Jul 2013 3 month average............................... ........... ........... ........... ........... ........... ........... 0.11
Aug 2013 monthly average................................... 0.185 0.664 0.183 ........... ........... ........... 0.069
Jun-Aug 2013 3 month average............................... ........... ........... ........... ........... ........... ........... 0.11
Sept 2013 monthly average.................................. 0.115 0.289 0.096 ........... 0.015 0.063 0.045
Jul-Sep 2013 3 month average............................... 0.13 ........... ........... ........... ........... ........... 0.06
Oct 2013 monthly average................................... 0.115 0.257 0.069 ........... 0.016 0.078 0.055
Aug-Oct 2013 3 month average............................... 0.14 0.40 ........... ........... ........... ........... 0.06
Nov 2013 monthly average................................... 0.346 1.396 0.124 0.118 0.015 0.019 0.021
Sep-Nov 2013 3 month average............................... 0.19 0.65 0.10 ........... 0.02 0.05 0.04
Dec 2013 monthly average................................... ........... ........... ........... ........... ........... ........... 0.01
Oct-Dec 2013 3 month average............................... ........... ........... ........... ........... ........... ........... 0.03
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[[Page 25081]]
In July 2013, ASARCO installed and began collecting monitoring data
from a new network of ambient monitors surrounding the facility.\15\
Because the ASARCO data are preliminary, EPA has evaluated the use of
this set of secondary data by considering trends, gradients, and the
magnitude of measured concentrations relative to the standard.
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\15\ ASARCO's monitors were sited in accordance with 40 CFR 58.
See Figure 8 of EPA's TSD for a map showing the locations of the
ASARCO-operated monitors.
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The new monitoring network includes a monitor (Globe Highway-
ASARCO) located 14 meters southwest of ADEQ's Globe Highway monitor.
Preliminary, uncertified data from both the ADEQ Globe Highway monitor
and the Globe Highway-ASARCO monitor are available for September-
November 2013. The Globe Highway-ASARCO monitor measured approximately
0.017 [micro]g/m\3\ higher on average than ADEQ's Globe Highway
monitor. While the two monitors measured slightly different values,
they trend well with one another. See Figure 9 of EPA's TSD. Given the
complex terrain in the ravine where these monitors are located, winds
may be affecting these monitors differently. The different values
measured at the two monitors may also be a result of minor differences
in approved analytical procedures that result in lower values from the
ADEQ monitor.\16\
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\16\ In reviewing the analytical procedures employed by the
laboratory performing analysis on the ADEQ filters (Pima County
Regional Wastewater Reclamation Department Compliance & Regulatory
Affairs Office (CRAO) Laboratory) and the laboratory performing
analysis on the ASARCO filters (Inter-Mountain Laboratories (IML)),
EPA found that the sample preparation step differed between the two
laboratories. While both laboratories followed approved Federal
Equivalent Methods (FEMs), EPA recommended that CRAO review its
sample preparation method to determine if additional best practices
may be appropriate. Initial analyses by CRAO indicate employing
additional best practices may yield results of approximately 11%
more lead per sample. The laboratory analytical procedures were
otherwise found to be comparable. See Memorandum ``Review of
Laboratory Procedures to Address Accuracy Concerns for Inter-
Laboratory Bias for the Asarco Superfund Site,'' from Joe Eidelberg
and Mathew Plate, to Gwen Yoshimura and John Hillenbrand, U.S. EPA
Region 9. March 31, 2014.
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Of the five new ASARCO Pb monitors, the three monitors sited to the
west and to the southwest of the facility show higher averages than the
Globe Highway-ASARCO monitor during the period of overlap. In
September, the monthly averages for the Post Office, Hillcrest Avenue,
and Parking Lot monitors were 1.5 to 4.5 times higher than the monthly
average for the Globe Highway-ASARCO monitor. The two complete three-
month averages reported to date at the Parking Lot monitor are well
over the standard, at 0.40 [micro]g/m\3\ for August-October 2013, and
0.65 [micro]g/m\3\ (more than four times over the standard) for
September-November 2013. The three-month average from September-
November 2013 at the Hillcrest Avenue monitor was also over the
standard, at 0.19 [micro]g/m\3\. These elevated levels indicate that
while ADEQ's Globe Highway monitor appears to be recording levels below
the standard, other locations around the smelter that the public has
access to are experiencing higher concentrations. See Table 2.
Given that lead is heavy and expected to fall out of the air
quickly, lead concentrations would generally be highest next to the
facility and near specific facility operations that produce point or
fugitive source emissions. An exception to this would be if the main
emission point was through a tall stack at high temperatures, resulting
in the air mass remaining buoyant for a time before falling out to
breathing-level heights. The data collected by the ASARCO monitors show
concentrations decreasing as one moves from the monitors closest to the
facility (i.e., the Parking Lot, Hillcrest Avenue, and Post Office
monitors) to those farther away (i.e., the Globe Highway and Winkelman
High School monitors), indicating that fugitives or other non-stack
emissions might have more significant air quality impacts on the
neighborhood surrounding the facility than stack emissions.\17\ The
Hillcrest Avenue and Parking Lot monitors, both to the southwest of the
facility and close to materials handling activities, also trend well
with one another (see Figure 10 of the EPA TSD).
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\17\ See Table 7 of the TSD.
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EPA and ADEQ have discussed the challenge of siting a single,
source-specific monitor that will capture the maximum ambient
concentration of Pb, given the complex meteorology and topography found
in the Hayden area. While the ADEQ Globe Highway site was chosen to
capture the maximum concentration using the information available at
the time,\18\ this recent information gathered by ASARCO's more
extensive monitoring network indicates that higher ambient
concentrations of Pb exist elsewhere in the Hayden area. Given the
strong trends and gradient apparent from the available preliminary
data, and that preliminary data collected after the controls on anode
furnaces were installed indicate two of the ASARCO monitors are
measuring violations of the Pb standard (the parking lot monitor is
over four times the standard), the secondary data support our decision
to redesignate the area to nonattainment.
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\18\ Quality Assurance Program Plan for the Lead (Pb) Ambient
Air Monitoring Network, Attachment A. Arizona Department of
Environmental Quality, October 2011.
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Boundary of the Hayden Area
In conjunction with the initial designations for the 2008 Pb NAAQS,
states submitted recommendations to EPA regarding the status (i.e.,
attainment, unclassifiable, or nonattainment) and boundaries for areas
within each state. CAA section 107(d)(1)(A) generally defines a
nonattainment area as any area that does not meet, or that contributes
to ambient air quality in a nearby area that does not meet, the
national primary or secondary ambient air quality standard for the
relevant pollutant. For areas with a violating monitor, the county
boundary was the default boundary of the nonattainment area. States
could, however, recommend an alternative as long as the proposed
nonattainment area boundaries encompassed the entire area that did not
meet, and any nearby area that contributed to ambient air quality in
the area that did not meet, the 2008 Pb NAAQS. In general, factors such
as emissions, air quality, and meteorology were particularly relevant
in determining appropriate boundaries. States also were able to take
into account jurisdictional considerations when establishing an area's
boundaries.\19\
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\19\ See 76 FR 72097 at 72102.
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As noted in the Background section above, in 2009 Arizona
recommended that EPA defer designation of the Hayden area, and stated
that if EPA were to determine monitored concentrations were exceeding
the Pb NAAQS, EPA should promulgate a Pb nonattainment area with
boundaries identical to the Hayden SO2 nonattainment
area.\20\ In 2010, we undertook a technical analysis of the State's
recommended boundary, and determined it encompassed all areas that
appeared to be violating or contributing to violations of the Pb NAAQS
in the Hayden area. In 2011, we designated the Hayden area, with the
boundaries the Governor recommended, as unclassifiable because data
indicating violations of the 2008 Pb NAAQS were preliminary at the time
final designations were due under the CAA.
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\20\ The basis for Arizona's recommended boundary is discussed
in ADEQ's 2009 boundary recommendation technical support document.
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For this action, we have reviewed and, where appropriate, updated
our
[[Page 25082]]
2010 analysis of relevant factors related to establishing an
appropriate nonattainment area boundary. A brief summary of the key
factors in the Hayden Area boundary analysis is included below.
Air Quality Data
For this factor, we considered the Pb design values for air quality
monitors in the Hayden area and the surrounding area based on certified
2010-2012 data. Of the five State-operated Pb monitors located
throughout Arizona that collected data within this time period, only
the ADEQ Globe Highway monitor, located near the ASARCO Hayden copper
smelter, measured violations of the Pb NAAQS. The design values for the
remaining monitors, which are located outside the Hayden area, are well
below the standard.
Emissions and Emissions-Related Data
Sources of Pb emissions located in areas surrounding the violating
monitor were evaluated to determine whether a nearby area is
contributing to monitored violations. Because of the significant
distance, and in most cases, relatively low levels of emissions, we do
not believe sources outside the Hayden area boundary are causing or
contributing to Pb NAAQS violations in Hayden.
Topography
This factor takes into account the physical features of the land
that might have an effect on the air shed, and therefore on the
distribution of Pb in the Hayden area. The ASARCO Hayden copper smelter
is located in very complex terrain, which forms natural boundaries.
Mountainsides limit the extent of the area exceeding the Pb standard to
a relatively small area around the smelter, which is the main source of
Pb emissions. For the same reason, locations outside the area do not
contribute to NAAQS exceedances within it.\21\ The topography of the
area supports retention of the existing area boundary.
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\21\ Because of the constraints imposed by the terrain,
meteorology does not play a significant role in determining the
boundary for this area.
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Based on our technical analysis and currently available
information, EPA concurs with the State's recommendation that the
area's existing boundary remain unchanged. For a more detailed
discussion, see the TSD for this action, which is included in the
docket.
Conclusion
EPA has considered the information provided by ADEQ and agrees that
preliminary data suggest that the installation of pollution control
equipment on the anode furnaces at the ASARCO facility might have
resulted in a reduction of ambient Pb concentrations, as measured at
ADEQ's Globe Highway monitor. However, because three years without a
violation are required to attain the Pb standard, the ADEQ Globe
Highway monitor continues to have a design value that violates the
standard and we concur with ADEQ's conclusion that ongoing monitoring
will be needed to determine if the improvement in air quality as
measured at the Globe Highway monitor will persist. Further, the more
extensive monitoring network now in place provides preliminary data
that show ambient concentrations above the standard are occurring even
after ASARCO installed controls in June of 2012. Therefore, based on
our review of ADEQ's Globe Highway monitoring data and our analysis of
additional relevant, available information, including data collected by
ASARCO's ambient air quality Pb monitors, EPA concludes it is
appropriate to redesignate the Hayden area to nonattainment for the
2008 Pb NAAQS. Consistent with Arizona's recommendation, we are not
proposing any changes to the area's existing boundaries.
Under CAA section 107(d)(3)(C), EPA must notify the State whenever
EPA intends to modify State recommendations concerning areas to be
redesignated, at least 60 days prior to EPA promulgation of final
redesignations. While EPA and Arizona are in agreement with respect to
the boundaries of the Hayden area, the Governor recommended against
redesignating the area to nonattainment unless additional violations of
the Pb NAAQS were to occur. As noted above, based on our review of
available air quality data, we have determined that redesignating the
Hayden area to nonattainment for the Pb NAAQS is appropriate. EPA
intends to notify the State of Arizona of our proposed action when this
notice is signed.
IV. Proposed Action and Request for Public Comment
Pursuant to section 107(d)(3) of the Clean Air Act and based on our
evaluation of air quality data, our review of the Governor's
recommendation, and our consideration of additional relevant
information, EPA is proposing to redesignate from ``unclassifiable'' to
``nonattainment'' the Hayden area, located in southern Gila County and
eastern Pinal County, Arizona, for the 2008 Pb NAAQS. EPA's proposal to
redesignate the Hayden area is based on recorded violations of the Pb
standard at ADEQ's Globe Highway monitor, and on additional air quality
considerations as set forth in this document and in the TSD.
Areas redesignated to nonattainment, as proposed herein, are
subject to the applicable requirements of part D, title I of the Act
(see section 191 of the Act). Within 18 months of the redesignation,
the State is required to submit to EPA an implementation plan for the
area containing, among other things: (1) Provisions to assure that
reasonably available control measures (including reasonably available
control technology) are implemented; (2) a demonstration, including
modeling, that the plan will provide for attainment of the Pb NAAQS as
expeditiously as practicable, but no later than five years after the
area's designation as nonattainment; (3) provisions that result in
reasonable further progress toward timely attainment by adherence to an
ambitious compliance schedule; (4) contingency measures that are to be
implemented if the area fails to achieve and maintain reasonable
further progress or fails to attain the NAAQS by the applicable
attainment date; and (5) a permit program meeting the requirements of
section 173 governing the construction and operation of new and
modified major stationary sources of Pb.\22\ Any Pb nonattainment area
would also be subject to EPA's general conformity regulations (40 CFR
part 93, subpart B) upon the effective date of redesignation. See
section 176(c) of the Act.
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\22\ EPA has issued guidance on the statutory requirements
applicable to Pb nonattainment areas. See 57 FR 13498 (April 16,
1992), 58 FR 67752 (December 22, 1993), 73 FR 66964 (November 12,
2008), and the memorandum signed by Scott Mathias, Interim Director,
Air Quality Policy Division, Office of Air Quality Planning and
Standards, U.S. EPA, entitled ``2008 Lead (Pb) National Ambient Air
Quality Standards (NAAQS) Implementation Questions and Answers''
dated July 8, 2011.
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We will accept comments from the public on this proposal for thirty
days from the date of publication of this notice, and will consider any
relevant comments in taking final action on today's proposal.
V. Statutory and Executive Order Reviews
A. Executive Order 12866, Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA has
determined that the redesignation to nonattainment proposed today, as
well as the establishment of SIP submittal schedules, would result in
none of the effects identified in Executive Order
[[Page 25083]]
12866, section 3(f). Under section 107(d)(3) of the Act, redesignations
to nonattainment are based upon air quality considerations. The
proposed redesignation, based upon air quality data showing that the
Hayden area is not attaining the Pb standard and upon other air-
quality-related considerations, does not, in and of itself, impose any
new requirements on any sectors of the economy. Similarly, the
establishment of new SIP submittal schedules would merely establish the
dates by which SIPs must be submitted, and would not adversely affect
entities.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).
C. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., a
redesignation to nonattainment under section 107(d)(3), and the
establishment of a SIP submittal schedule for a redesignated area, do
not, in and of themselves, directly impose any new requirements on
small entities. See Mid-Tex Electric Cooperative, Inc. v. FERC, 773
F.2d 327 (D.C. Cir. 1985) (agency's certification need only consider
the rule's impact on entities subject to the requirements of the rule).
Instead, this rulemaking simply proposes to make a factual
determination and to establish a schedule to require the State to
submit SIP revisions, and does not propose to directly regulate any
entities. Therefore, pursuant to 5 U.S.C. 605(b), EPA certifies that
today's proposed action does not have a significant impact on a
substantial number of small entities within the meaning of those terms
for RFA purposes.
D. Unfunded Mandates Reform Act
Under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA),
Public Law 104-4, EPA has concluded that this proposed rule is not
likely to result in the promulgation of any Federal mandate that may
result in expenditures of $100 million or more for State, local or
tribal governments in the aggregate, or for the private sector, in any
one year. It is questionable whether a redesignation would constitute a
federal mandate in any case. The obligation for the state to revise its
State Implementation Plan that arises out of a redesignation is not
legally enforceable and at most is a condition for continued receipt of
federal highway funds. Therefore, it does not appear that such an
action creates any enforceable duty within the meaning of section
421(5)(a)(i) of UMRA (2 U.S.C. 658(5)(a)(i)), and if it does the duty
would appear to fall within the exception for a condition of Federal
assistance under section 421(5)(a)(i)(I) of UMRA (2 U.S.C.
658(5)(a)(i)(I).
Even if a redesignation were considered a Federal mandate, the
anticipated costs resulting from the mandate would not exceed $100
million to either the private sector or state, local and tribal
governments. Redesignation of an area to nonattainment does not, in
itself, impose any mandates or costs on the private sector, and thus,
there is no private sector mandate within the meaning of section 421(7)
of UMRA (2 U.S.C. 658(7)). The only cost resulting from the
redesignation itself is the cost to the State of Arizona of developing,
adopting, and submitting any necessary SIP revision. Because that cost
will not exceed $100 million, this proposal (if it is a federal mandate
at all) is not subject to the requirements of sections 202 and 205 of
UMRA (2 U.S.C. 1532 and 1535). EPA has also determined that this
proposal would not result in regulatory requirements that might
significantly or uniquely affect small governments because only the
State would take any action as result of today's rule, and thus the
requirements of section 203 (2 U.S.C. 1533) do not apply.
E. Executive Order 13132, Federalism
Executive Order 13132 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' This rule will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132, because it merely proposes to redesignate an
area for Clean Air Act planning purposes and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. Thus, the requirements of section 6
of the Executive Order do not apply to this rule.
F. Executive Order 13175, Coordination With Indian Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' The area proposed for
redesignation does not include any tribal lands, but is adjacent to the
San Carlos Apache Tribe's reservation. EPA has been communicating with
and plans to continue to consult with representatives of the San Carlos
Apache Tribe, as provided in Executive Order 13175. Accordingly, EPA
has addressed Executive Order 13175 to the extent that it applies to
this action.
G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
This proposed rule is not subject to Executive Order 13045
(``Protection of Children from Environmental Health Risks'') (62 FR
19885, April 23, 1997), because it is not an economically significant
regulatory action based on health or safety risks.
H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. The EPA believes
that the requirements of NTTAA are inapplicable to this action because
they would be inconsistent with the Clean Air Act.
J. Executive Order 12898, Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Today's action proposes to redesignate an area to nonattainment for
an ambient air quality standard. It will not have disproportionately
high and adverse effects on any communities in the area, including
minority and low-income communities.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Intergovernmental
relations, Lead.
Authority: 42 U.S.C. 7401 et seq.
[[Page 25084]]
Dated: April 21, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014-10116 Filed 5-1-14; 8:45 am]
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