80_FR_59886 80 FR 59695 - Approval and Promulgation of Air Quality Implementation Plans; State of Iowa; 2015 Iowa State Implementation Plan for the 2008 Lead Standard

80 FR 59695 - Approval and Promulgation of Air Quality Implementation Plans; State of Iowa; 2015 Iowa State Implementation Plan for the 2008 Lead Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 191 (October 2, 2015)

Page Range59695-59703
FR Document2015-24995

The Environmental Protection Agency (EPA) proposes to grant full approval of Iowa's attainment demonstration State Implementation Plan (SIP) for the lead National Ambient Air Quality Standard (NAAQS) nonattainment area of Council Bluffs, Pottawattamie County, Iowa, received by EPA on February 9, 2015. The applicable standard addressed in this action is the lead NAAQS promulgated by EPA in 2008. EPA believes that the SIP submitted by the state satisfies the applicable requirements of the Clean Air Act, and will bring the designated portions of Council Bluffs, Iowa into attainment of the 0.15 microgram per cubic meter (ug/m\3\) lead NAAQS.

Federal Register, Volume 80 Issue 191 (Friday, October 2, 2015)
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Proposed Rules]
[Pages 59695-59703]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24995]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0582; FRL-9935-00-Region 7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Iowa; 2015 Iowa State Implementation Plan for the 2008 Lead 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) proposes to grant 
full approval of Iowa's attainment demonstration State Implementation 
Plan (SIP) for the lead National Ambient Air Quality Standard (NAAQS) 
nonattainment area of Council Bluffs, Pottawattamie County, Iowa, 
received by EPA on February 9, 2015. The applicable standard addressed 
in this action is the lead NAAQS promulgated by EPA in 2008. EPA 
believes that the SIP submitted by the state satisfies the applicable 
requirements of the Clean Air Act, and will bring the designated 
portions of Council Bluffs, Iowa into attainment of the 0.15 microgram 
per cubic meter (ug/m\3\) lead NAAQS.

DATES: Comments must be received on or before November 2, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0582, by one of the following methods:

SUPPLEMENTARY INFORMATION: 
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: doolan.stephanie@epa.gov.
    3. Mail or Hand Delivery: Stephanie Doolan, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0582. EPA may publish any comment received to its public docket. 
Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form

[[Page 59696]]

of encryption, and be free of any defects or viruses.
    Docket. All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219. EPA requests that you contact the person listed 
in the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The interested persons wanting to examine these documents 
should make an appointment with the office at least 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7719, or by email at 
doolan.stephanie@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for the approval of a SIP revision been 
met?
III. What action is EPA taking?
IV. Background
V. Technical Review of the Attainment Demonstration SIP Related to 
the 2008 Lead NAAQS
    A. Facility Description
    1. Griffin Pipe
    2. Alter Metal Recycling
    B. Model Selection, Meteorological and Emissions Inventory Input 
Data
    C. Control Strategy
    1. Griffin Pipe
    2. Alter Metal Recycling
    D. Modeling Results
    E. Reasonably Available Control Measures (RACM) Including 
Reasonably Available Control Technology (RACT) and Reasonable 
Further Progress (RFP)
    F. Attainment Demonstration
    G. New Source Review (NSR)
    H. Contingency Measures
    I. Enforceability
VI. Proposed Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    In this document, EPA is addressing Iowa's attainment demonstration 
State Implementation Plan (SIP) for the lead National Ambient Air 
Quality Standard (NAAQS) nonattainment area in portions of Council 
Bluffs, Pottawattamie County, Iowa. The applicable standard addressed 
in this action is the lead NAAQS promulgated by EPA in 2008. EPA 
believes that the SIP submitted by the state satisfies the applicable 
requirements of the Clean Air Act (CAA) identified in EPA's Final Rule 
(73 FR 66964, October 15, 2008), and will bring the area into 
attainment of the 0.15 microgram per cubic meter ([mu]g/m\3\) lead 
NAAQS.

II. Have the requirements for the approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submission also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, the revision meets the substantive SIP requirements of the 
CAA, including section 110 and implementing regulations.

III. What action is EPA taking?

    EPA is proposing to grant full approval of Iowa's attainment 
demonstration SIP for the 2008 lead NAAQS. EPA is proposing this action 
in order to solicit comments. Final rulemaking will occur after 
consideration of any comments received.

IV. Background

    EPA established the National Ambient Air Quality Standards (NAAQS) 
for lead on October 5, 1978 (43 FR 46246). On October 15, 2008, EPA 
established a new lead NAAQS of 0.15 [mu]g/m\3\ in air, measured as a 
rolling three-month average. (73 FR 66964). On November 22, 2011, 
portions of Councils Bluffs, Pottawattamie County, Iowa were designated 
as nonattainment for the 2008 lead NAAQS. (76 FR 72097). Under sections 
191(a) and 192(a)of the CAA, Iowa is required to submit to EPA an 
attainment demonstration SIP revision for lead and to demonstrate the 
nonattainment area will reach attainment of the 2008 lead NAAQS no 
later than five years from the date of the nonattainment area 
designation.

V. Technical Review of the Attainment Demonstration SIP for the 2008 
Lead NAAQS

A. Facility Description

    There are two lead-emitting sources contributing to the Council 
Bluffs lead nonattainment area: Griffin Pipe Products Company, L.L.C. 
(Griffin Pipe); and Alter Metal Recycling (Alter). A description of the 
operation of these two facilities is presented below.
1. Griffin Process Description
    Griffin Pipe manufactures ductile iron pressure pipe for potable 
water transmission and wastewater collection. The facility is 
classified as a gray iron foundry in accordance with the North American 
Industry Classification System (NAICS). Griffin Pipe is considered a 
major source for CAA Title V and Prevention of Significant 
Deterioration (PSD) permitting purposes.
    Griffin Pipe's Council Bluffs facility covers more than 105,000 
square feet and is located on a 19 acre site along the Missouri River 
bottoms. It produces ductile iron pressure pipe in 20 foot lengths and 
diameters ranging from six to 48 inches which are stored on the 
property until off-site shipment. There are paved haul routes on-site 
for the trucks that pick up the product for off-site transport. There 
is also a rail spur that traverses the south side of the property.
    The hot iron required in the pipe manufacturing process is produced 
in a cupola. The cupola is charged with raw materials including coke, 
scrap iron, scrap steel, and fluxes. The scrap metal primarily comes 
from Alter Recycling which is located to the south of Griffin Pipe and 
is part of the nonattainment area, as discussed in paragraph V.A.2 
below. After the molten iron leaves the cupola, it is treated in a 
desulfurization and magnesium inoculation processes. Desulfurization 
removes undesirable sulfur from the metal and magnesium inoculation 
uses magnesium to give the metal the physical properties needed to 
produce the ductile iron pipe. Lead present in the scrap metal is 
emitted as the metals are melted in the cupola, treated in the 
desulfurization and magnesium inoculation processes, and cast.
    On December 7, 2010, the state issued a Prevention of Significant 
Deterioration (PSD) air permit to the facility. As a part of this 
permit, the facility installed air pollution controls in order to 
demonstrate that the facility met the Best Available Control Technology 
(BACT) criteria. Controls implemented in 2011 included: Replacement of 
the existing wet scrubber system for the cupola furnace with a 
baghouse; addition of a second baghouse to control emissions from the 
magnesium inoculation and desulfurization processes; and installation 
of two new chemical storage silos, one for a chemical that will be 
added to the gas stream after exiting cupola and before the baghouse 
for sulfur dioxide control, and the other for a chemical to be added to 
the gas stream for the treatment of

[[Page 59697]]

heavy metals in the baghouse. The facility also began implementing a 
scrap management plan to control the amount of lead contained in the 
scrap metal it processes as a part of the PSD permit.
    On May 3, 2014, Griffin Pipe ceased operations. The facility has 
notified IDNR that it intends to restart operations in the future; 
thus, the attainment demonstration SIP contains an Administrative Order 
on Consent between Griffin Pipe and IDNR that requires written 
notification to be provided to IDNR at least 60 days prior to the date 
that the Facility resumes operation, and contains control requirements 
that apply upon resumption of Facility operations.
2. Alter Metal Recycling Process Description
    Alter Metal Recycling is one of several scrap material processing 
center associated with Alter Trading Corporation, a privately held 
company with offices and processing centers across the central U.S. The 
Alter Recycling property occupies approximately 29 acres to the south 
and east of Griffin Pipe. The processing center receives scrap metal 
from a variety of sources, including used cars, and operates a shredder 
(hammer mill) to reduce the size of the incoming material. The facility 
is considered a minor source with regard to the State of Iowa's air 
permitting program. Lead emissions from Alter Recycling occur 
predominantly from fugitive emissions associated with vehicle traffic 
on facility roadways when lead-containing silt on roadways becomes 
airborne.

B. Model Selection, Meteorological and Emissions Inventory Input Data

    Iowa conducted air dispersion modeling to evaluate the 
effectiveness of the proposed control strategy. The model, AERMOD, was 
utilized and is EPA's preferred model for demonstrating attainment of 
the lead NAAQS. AERMOD estimates the combined ambient impact of sources 
by simulating Gaussian dispersion of emissions plumes. Emission rates, 
wind speed and direction, atmospheric mixing heights, terrain, plume 
rise from stack emissions, initial dispersion characteristics of 
fugitive sources, particle size and density are all factors considered 
by the model when estimating ambient impacts. Iowa performed five 
different dispersion modeling analyses for the 2008 lead NAAQS for the 
Council Bluffs nonattainment area. Two analyses were conducted to 
determine the cumulative impacts of both facilities under two 
operational configurations at Griffin Pipe, Options A and B, which are 
described below in greater detail. Three additional analyses were 
conducted to determine the impacts of Griffin Pipe under both Options A 
and B on Alter Recycling, and the impact of Alter Recycling on Griffin 
Pipe. The results of the analyses will be discussed in more detail in 
Section V.C. of this document.
    Iowa used the surface and upper air meteorological data from the 
Omaha airport (KOMA) for years 2008 through 2012. EPA recommends the 
use of five years of meteorological data for the model (40 CFR part 51, 
appendix W, section 8.3.1.2). EPA conducted a review of the 
meteorological data used for the modeling and agreed with Iowa's 
determination that it is representative of meteorological conditions in 
the area of Griffin Pipe and Alter Recycling. The meteorological data 
were run through AERMOD's pre-processors to make the data usable by the 
model.
    As required by Section 172(c)(3) of the CAA, a revised emission 
inventory was developed for this nonattainment area. Potential 
emissions rates for the point sources were developed from stack test 
data, process information, engineering assessment, and evaluation of 
the levels necessary to achieve attainment of the 2008 Pb NAAQS.
    Iowa selected 2010 as the base year for lead emissions inputs to 
the model. As stated above, Griffin Pipe completed the installation of 
its emissions control projects under the PSD permit in 2011, so 
emissions estimates before these projects were completed are more 
representative of base case conditions. Emissions from 2010 also 
correlate with the meteorological data used to input the model. 
Emissions for the haul routes were based on calculated emission rates 
from silt data collected by sampling haul routes at both Griffin Pipe 
and Alter Recycling. The haul route emissions were based on 
conservative assumptions regarding haul route traffic and hours of 
operation over a one-year period. The emissions calculations for haul 
route traffic are provided in appendix A of the Attainment SIP which is 
available in the docket.
    Point source emissions from Griffin Pipe occur primarily from 
melting metal, a hot iron desulfurization process, a magnesium 
inoculation process and metal casting. The melting process uses a 
cupola furnace that is charged with coke, scrap iron and steel, and 
fluxes (inert materials) as raw materials. As the materials are heated, 
melted and moved through the casting process, lead in the scrap is 
released and vented through stacks and roof vents. Emissions 
represented in the model are from release points, stack emissions 
validated by stack test data, and fugitive emissions calculated using 
field measurements wherever possible or estimated based on EPA's AP-42 
guidelines.\1\
---------------------------------------------------------------------------

    \1\ AP-42, Compilation of Air Pollutant Emission Factors, Fifth 
Edition, http://www.epa.gov/ttnchie1/ap42/.
---------------------------------------------------------------------------

    Alter Recycling lead emissions were calculated by estimating the 
inbound and outbound truck traffic on haul routes on the facility's 
property. Other activities conducted by the facility that could 
potentially result in lead emissions, such as torch cutting and 
operation of the hammer mill, are estimated to be de minimis and 
therefore were not included in the modeling and development of control 
measures.
    Lead emissions estimates for base year 2010 are provided in Table 1 
below. Note that haul route emissions provided are based on worst-case 
estimates and as such are likely overestimates.

                    Table 1--Lead Emissions Estimates
             [Pottawattamie County Lead Nonattainment Area]
------------------------------------------------------------------------
                                                         2010 Emissions
          Facility name               Source type        tons per year
                                                           (tpy) \a\
------------------------------------------------------------------------
Griffin Pipe....................  Point..............             0.7447
                                  Fugitive...........             0.2570
Alter Recycling.................  Fugitive...........             0.7182
                                                      ------------------

[[Page 59698]]

 
    Total Emissions.............  ...................             1.7564
------------------------------------------------------------------------
\a\ Note that the emissions listed do not total exactly due to rounding
  when summing individual emissions units. See Section 3, 2010 Base-year
  Lead Emissions Inventory, of the Iowa SIP for greater detail.

    In accordance with 40 CFR part 51, appendix W, background 
concentrations must be considered when determining NAAQS compliance. 
Background concentrations are intended to include impacts attributable 
to natural sources, nearby sources (excluding the dominant source(s)), 
and unidentified sources. The calculated background concentration 
includes all sources of lead not already included in the model run 
script. The background concentration includes distant sources of lead 
or naturally occurring lead in soils that has become re-entrained in 
the atmosphere.
    The background value is calculated by averaging the monitored 
concentrations of lead in air from the monitor near the intersection of 
8th Avenue and 27th Street in Council Bluffs, Iowa. The data included 
in the background calculation are those collected on days when the 
predominant wind direction was northerly (from the monitor toward the 
facility), originating from 270 to 90 degrees. The data when the 
predominant wind direction was blowing from the dominant sources toward 
the monitor were excluded from the background calculation. The 
calculated background value using the monitoring data is 0.01 [micro]g/
m\3\.
    EPA conducted an independent analysis of the data from the monitor 
and corresponding wind direction to verify the background concentration 
calculated by Iowa. Based on its independent analysis, EPA agrees that 
the calculated value represents a conservative estimate of background 
during the study period.

C. Control Strategy

    The following describes the control strategy for each facility 
significantly contributing to the nonattainment area. The control 
strategy for Griffin Pipe is detailed in the Administrative Order on 
Consent, appendix B of the attainment SIP. The control strategy for 
Alter Metal Recycling is detailed in the Construction Permit issued to 
the facility, which is appendix C of the attainment SIP.
1. Griffin Pipe
    On May 3, 2014, Griffin Pipe ceased operations at its Council 
Bluffs facility. Because the shutdown occurred during the development 
of the attainment SIP, the state worked with the facility to develop 
and Administrative Order on Consent which outlines the requirements and 
options for the facility when it restarts operations at its Council 
Bluffs facility. At Griffin Pipe's request, the facility was given two 
options for control measures to comply with the lead NAAQS which are 
detailed in attachments A and B of the Administrative Consent Order 
between Iowa and Griffin Pipe. ``Option A'' consists of control 
measures in the form of emissions limits for point sources as follows:

         Table 2--Griffin Pipe Lead Emission Limits ``Option A''
------------------------------------------------------------------------
       Source description           EP ID              lb/hr \b\
------------------------------------------------------------------------
Cupola (EU-2)..................  EP-2A        0.282/0.046 \c\
Desulfurization (EU-3).........  EP-3         0.0018.
Bull Ladle (EU-3)
Magnesium Inoculation (EU-4)
Magnesium Inoculation--          EP-7A        0.0026.
 uncaptured (EU-4).
Ladle Preheat--uncaptured (EU-
 19)
Desulfurization--uncaptured (EU- EP-7B        0.0372.
 2).
Bull Ladle--uncaptured (EU-3)
Small Diameter Casting (EU-6)
Small Diameter Casting (EU-6)..  EP-6A        0.0043.
Building Emissions.............  EP-6B        0.0025.
Large Diameter Casting (EU-29).  EP-29        0.0025.
                                 EP-29A       ..........................
Cupola Charge Handling (EU-17).  FUG1         0.00143.
Traffic Pathways...............  N/A          Not applicable \d\
------------------------------------------------------------------------
\b\ The emission limit is expressed as the average of three test runs.
\c\ The 0.282 lb/hr is necessary to meet the 2008 Lead NAAQS; however, a
  lower emission limit of 0.046 lb/hr is required by the Consent Decree
  between EPA and Griffin Pipe United States v. Griffin Pipe Products.,
  LLC (Civil Action No. 1:14-cv-00027-JAJ-RAW). The lower value is the
  SIP enforceable emission limit; the presentation of both limits in the
  SIP is to merely acknowledge that the higher emissions limit is RACT.
\d\ The emission limits for Traffic Pathways is 0.002 tons per rolling
  calendar quarter to correspond with the 2008 Lead NAAQS which is also
  based on a rolling calendar quarter.

    For traffic pathways (haul routes), the emissions limit of 0.002 
tons per rolling calendar quarter correlates to a lead silt loading 
content of 0.00016 g/m\2\. This lead emission limit represents a 95 
percent reduction over the baseline lead levels assuming maximum 
potential operation. ``Option A'' also contains an operational limit of 
1,250 hours per rolling calendar quarter which is not contained in 
``option B.''
    Griffin Pipe requested ``option B'' which includes adding a 
baghouse. Adding an additional baghouse to capture desulfurization (EU-
2) and bull

[[Page 59699]]

ladle capture (EU-3), allows for more operational flexibility in other 
areas, such as an increase in the silt loading for the traffic 
pathways. Below are the emission limits by unit under ``option B.''

         Table 3--Griffin Pipe Lead Emission Limits ``Option B''
------------------------------------------------------------------------
       Source description           EP ID              lb/hr \e\
------------------------------------------------------------------------
Cupola (EU-2)..................  EP-2A        0.282/0.046 \f\
Desulfurization (EU-3).........  EP-3         0.02.
Bull Ladle (EU-3)
Magnesium Inoculation (EU-4)
Magnesium Inoculation--          EP-7A        0.0075.
 uncaptured (EU-4).
Ladle Preheat--uncaptured (EU-
 19)
Desulfurization--secondary       EP-7B        0.0025.
 capture (EU-2).
Bull Ladle--secondary capture
 (EU-3)
Small Diameter Casting (EU-6)
Small Diameter Casting (EU-6)..  EP-6A        0.0043.
Building Emissions.............  EP-6B        0.0015.
Large Diameter Casting (EU-29).  0.0025.
EP-29..........................
EP-29A
Cupola Charge Handling (EU-17).  FUG1         0.00143.
Traffic Pathways...............  N/A          Not applicable \g\
------------------------------------------------------------------------
\e\ The emission limit is expressed as the average of three test runs.
\f\ The 0.282 lb/hr is necessary to meet the 2008 Lead NAAQS; however, a
  lower emission limit of 0.046 lb/hr is required by the Consent Decree
  between EPA and Griffin Pipe United States v. Griffin Pipe Products.,
  LLC (Civil Action No. 1:14-cv-00027-JAJ-RAW). The lower value is the
  SIP enforceable emission limit; the presentation of both limits in the
  SIP is to merely acknowledge that the higher emissions limit is RACT.
\g\ The emission limits for Traffic Pathways is 0.004 tons per rolling
  calendar quarter to correspond with the 2008 Lead NAAQS which is also
  based on a rolling calendar quarter

    In ``option B,'' the emissions limit of 0.004 tons per rolling 
calendar quarter correlates to a lead silt loading content of 0.00032 
g/m\2\. This lead emission limit represents a 90 percent reduction over 
the baseline lead levels assuming maximum potential operation.
    Both options contain the same performance testing and work 
practices requirements, including,
    (1) The total production rate shall not exceed 235,150 tons of 
metal charged per rolling 12-month period.
    (2) Bulk material shipment or deliveries of product, waste and raw 
materials shall only occur from 7 a.m. to 5 p.m. daily.
    (3) Standard Operating Procedures (SOPs) for work practices to 
minimize emissions from the cupola charge handling (EU-17) and the 
scrap management plan for minimizing the amount of lead introduced to 
process as charge material are included as attachments to the 
Administrative Order on Consent between Griffin Pipe and Iowa.
    (4) Limitations on public access to the facility at all property 
boundary lines.
    (5) Fugitive dust control by sweeping all paved truck traffic 
routes once per day using a Tymco DST-4 Sweeper or functional 
equivalent as approved by the state. The Tymco DST-4 Sweeper is 
equipped with a HEPA filter to capture lead-contaminated particulates 
rather than emitting them to ambient air. Sweeping is required to begin 
within seven days after resuming operations. Exceptions to the sweeping 
are as follows:
    a. If sweeping cannot be accomplished due to daytime ambient air 
temperatures less than 35 degrees F or weather that creates hazardous 
driving conditions, then the sweeping shall be postponed and resume as 
soon after the scheduled date as the conditions preventing the sweeping 
have abated.
    b. Paved road sweeping need not occur when a rain gauge located at 
the site indicates that at least 0.2 inches of precipitation (water 
equivalent) has occurred within the preceding 24-hour time period. 
However road sweeping shall resume within 24-hours after the 
precipitation event has ended.
    c. Paved road sweeping need not occur when the facility experiences 
no production or shipping activities on that calendar day.
    (6) If sweeping cannot be accomplished for the entire month due to 
low ambient temperatures or hazardous weather, silt load testing is not 
required for that month.
    (7) In addition to the emissions limits for traffic pathways listed 
for ``option A'' and ``option B'' above, surface total silt loading or 
lead silt loading on the traffic pathways shall not exceed 0.64 g/m\2\ 
or 0.00016 g/m\2\, respectively, based on a three-month rolling 
average.
    (8) Silt load sampling conducted at a minimum of three locations 
representative of normal conditions and not within four hours of 
sweeping.
    (9) The owner or operator shall take reasonable precautions to 
prevent the discharge of visible emissions of fugitive dust beyond the 
lot line of the property.
    When Griffin Pipe seeks to resume operations, it is required to 
provide at least a sixty day notice to the state and adhere to all 
permitting and/or obligations of the Administrative Order on Consent 
prior to restarting operations.
2. Alter Metal Recycling
    At Alter Metal Recycling, the control strategy to attain the 2008 
Lead NAAQS consists of a lead limit in silt for traffic pathways (e.g., 
truck haul routes) of 0.01 tons of lead per rolling calendar quarter 
average. This correlates to a lead silt content of 0.00281 g/m\2\ under 
maximum potential operations, defined as all raw material and product 
shipped or received by truck. This silt content limit is based on a 95 
percent reduction over baseline lead levels. Based on empirical silt 
sampling, the total amount of silt that correlates with 0.00281 g/m\2\ 
lead is 2.7 g/m\2\; thus, this amount has been established as a 
surrogate for the purposes of determining SIP compliance.
    Other operating limits in Alter Metal Recycling's permit include:
    (1) The facility must complete paving of haul routes identified by 
the Construction Permit (appendix C of the attainment SIP) as segments 
7, 14, 15 and 16 by October 31, 2015. By this same date, the facility 
also must cease the use of haul road segment 17.

[[Page 59700]]

    (2) Fugitive dust control by sweeping all paved truck traffic 
routes once per day using a Tymco DST-4 Sweeper or functional 
equivalent as approved by the state. Sweeping is required to begin 
within seven days after resuming operations. Exceptions to the sweeping 
are as follows:
    a. If sweeping cannot be accomplished due to daytime ambient air 
temperatures less than 35 degrees F or weather that creates hazardous 
driving conditions, then the sweeping shall be postponed and resume as 
soon after the scheduled date as the conditions preventing the sweeping 
have abated.
    b. Paved road sweeping need not occur when a rain gauge located at 
the site indicates that at least 0.2 inches of precipitation (water 
equivalent) has occurred within the preceding 24-hour time period. 
However road sweeping shall resume within 24-hours after the 
precipitation event has ended.
    c. Paved road sweeping need not occur when the facility experiences 
no production or shipping activities on that calendar day.
    (3) If sweeping cannot be accomplished for the entire month due to 
low ambient temperatures or hazardous weather, silt load testing is not 
required for that month.
    (4) The haul road surface silt loading shall not exceed 2.70 g/
m\2\.
    (5) The facility is limited to shipping (inbound and outbound) 
material between the hours of 5 a.m. to 8 p.m., Monday through Friday, 
and 8 a.m. to 12 p.m. on Saturday. The facility is also limited to 
processing and shipping (inbound and outbound) no more than 946,000 
tons of material per rolling 12-month period. Internal transfers at the 
facility are limited to Monday through Friday.
    (6) The facility is required to implement ``Best Management 
Practices'' including clean up spills as expeditiously as possible, 
weekly cleanup of truck area scales and process buildings, and ``good 
housekeeping'' to minimize fugitive dust emissions. The facility is 
also requires to post and maintain speed limit signs.
    (7) The facility is required to limit public access posting signs 
at all facility boundaries that are not fenced. During days when the 
facility is operating, in-person surveillance shall be conducted and 
recorded by the facility. In lieu of in-person surveillance, the 
facility may maintain and operate equipment adequate to ensure 
surveillance of the boundary shared with the rail line.
    D. Modeling Results
    Iowa modeled five different cases to evaluate lead NAAQS 
compliance:
    (1) The first case models combined impacts of both facilities on 
ambient air with Griffin Pipe operating under the ``option A'' control 
strategy described above;
    (2) The second case models combined impacts of both facilities with 
Griffin Pipe operating under the ``option B'' control strategy 
described above;
    (3) The third case models the impact of Griffin Pipe's lead 
emissions on Alter Metal Recycling with Griffin Pipe operating under 
the ``option A'' control strategy;
    (4) The fourth case models the impact of Griffin Pipe's lead 
emissions on Alter Metal Recycling under the ``option B'' control 
strategy; and
    (5) The fifth case models the impacts of Alter Metal Recycling's 
lead emissions on Griffin Pipe.
    In all the modeling runs described above the Alter Metal Recycling 
control strategy remained the same as described in paragraph C.2 above.
    The total impact of the combined lead emissions from both 
facilities with Griffin Pipe operating under ``option A'' was 0.149 
[micro]g/m\3\. The total impact of the combined lead emissions from 
both facilities with Griffin Pipe operating under ``option B'' was also 
0.149 [micro]g/m\3\. Thus, the modeling demonstrates that with Griffin 
Pipe operating under either ``option A'' or ``option B'' as a control 
strategy, the combined facility emissions will attain the 2008 Lead 
NAAQS. Under the other three scenarios, which examine the impact of the 
facilities on each other, the 2008 Lead NAAQS was also attained.
    EPA reviewed and independently verified the modeling conducted by 
Iowa. Based on EPA's analysis of the attainment modeling and its 
outcomes, EPA believes that Iowa's control strategy, whether it 
includes ``option A'' or ``option B'' for Griffin Pipe, will bring the 
designated portions of Pottawattamie County, Iowa, into attainment of 
the 2008 Lead NAAQS.

E. Reasonably Available Control Measures (RACM) Including Reasonably 
Available Control Technology (RACT) and Reasonable Further Progress 
(RFP)

    Section 172(c)(1) of the CAA requires nonattainment areas to 
implement all RACM, including emissions reductions through the adoption 
of RACT, as expeditiously as practicable. EPA interprets this as 
requiring all nonattainment areas to consider all available controls 
and to implement all measures that are determined to be reasonably 
available, except that measures which will not assist the area to more 
expeditiously attain the standard are not required to be 
implemented.\2\ In March 2012, EPA issued guidance titled, 
``Implementation of Reasonably Available Control Measures (RACM) for 
Controlling Lead Emissions'' (RACM Guidance).\3\
---------------------------------------------------------------------------

    \2\ See 58 FR 67751, December 22 1993, for a discussion of this 
interpretation as it relates to lead.
    \3\ http://www.epa.gov/oar/lead/pdfs/2012ImplementationGuide.pdf
---------------------------------------------------------------------------

    Section 172(c)(2) of the CAA requires areas designated as 
nonattainment for criteria pollutants to include a demonstration of 
Reasonable Further Progress (RFP) in attainment demonstrations. Section 
171(1) of the CAA defines RFP as annual incremental reductions in 
emissions of the relevant air pollutants as required by part D, or 
emission reductions that may reasonably be required by EPA to ensure 
attainment of the applicable NAAQS by the applicable date. Part D does 
not include specific RFP requirements for lead.
    EPA recommends a RACT analysis for facilities emitting 0.5 tpy lead 
per year or more. (73 FR 66964). As listed in Table 1 above, in the 
base year for modeling, 2010, Griffin Pipe and Alter Metal Recycling 
emitted 1.0382 and 0.7182 tons per year, respectively. Thus, both 
facilities exceeded the threshold for determining RACT to comply with 
the 2008 Lead NAAQS. Section 4 of the lead attainment SIP details 
Iowa's RACT/RACM analysis by facility and point or fugitive emissions 
sources considered.
    Iowa performed a RACT/RACM analysis in compliance with the RACM 
Guidance. As stated in the final lead NAAQS rule, RFP is satisfied by 
the strict adherence to a compliance schedule which is expected to 
periodically yield significant emission reductions. Iowa has determined 
that either control strategy for Griffin Pipe under ``option A'' or 
``option B'' as described above, combined with the control strategy for 
Alter Metal Recycling, constitutes RACM. The control measures including 
operational controls and work practices described in paragraph V.C 
above have been modeled and demonstrated to achieve the lead NAAQS and 
also comply with RACM and RFP.
    RFP is addressed by the control strategy occurring in a timeframe 
consistent with the CAA. Upon implementation of the control strategy 
and practices described above, ambient air quality concentrations are 
expected to drop at or below attainment levels immediately. The 
nonattainment area's ambient air quality monitor began reporting lead 
concentrations below the 2008 lead NAAQS for the three-month

[[Page 59701]]

rolling average for October through December 2012. It should be noted 
that the air monitoring data are impacted by Griffin Pipe's shutdown on 
May 3, 2014. Griffin Pipe has informed Iowa that it intends to restart 
operations at an undetermined time in the future. Thus, the attainment 
SIP is based on the assumption that the facility will resume operations 
under one of the two control strategies detailed in paragraph V.C 
above.
    Alter Metal Recycling began implementing its control measures by 
paving previously unpaved haul routes and sweeping with street sweeper 
equipped with a HEPA filter to remove lead-contaminated silt from the 
roadway. There are no point source lead emissions from the Alter Metal 
Recycling facility operations, only fugitive emissions from lead-
contaminated silt on haul routes, the appropriate RACT is to 
significantly reduce fugitive emissions. The attainment SIP proposes a 
95 percent reduction in fugitive lead emissions from sweeping all paved 
haul routes at the facility.
    Based on the RACM analysis and the combined reduction in lead 
emissions to meet the 2008 Lead NAAQS, which demonstrates RFP, EPA 
proposes to approve Iowa's SIP as meeting the requirements of sections 
172(c)(1) and (c)(2) of the CAA.

F. Attainment Demonstration

    CAA section 172 requires a state to submit a plan for each of its 
nonattainment areas that demonstrates attainment of the applicable 
ambient air quality standard as expeditiously as practicable, but no 
later than the specified attainment date. This demonstration should 
consist of four parts: (1) Technical analyses that locate, identify, 
and quantify sources of emissions that are contributing to violations 
of the lead NAAQS; (2) analyses of future year emissions reductions and 
air quality improvement resulting from already-adopted national, state, 
and local programs and from potential new state and local measures to 
meet the RACT, RACM, and RFP requirements in the area; (3) adopted 
emissions reduction measures with schedules for implementation and (4) 
contingency measures required under section 172(c)(9) of the CAA.
    The requirements for the first two parts are described in the 
sections on emissions inventories, RACT/RACM and air quality above and 
in the discussion of 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.
    The future case dispersion modeling is the attainment demonstration 
used to verify that the proposed control strategies will bring the area 
into attainment of the 2008 Lead NAAQS. In order to determine whether 
the planned emission reduction strategies will result in attainment of 
the NAAQS, the modeled maximum lead concentration in ambient air (based 
on a rolling three-month average) are added to the calculated 
background lead concentration of 0.01 [micro]g/m\3\, then compared to 
the 2008 Lead NAAQS which is 0.150 [micro]g/m\3\. As discussed above 
there are two model runs to predict the cumulative impacts of both 
facilities with Griffin Pipe operating under the control strategy 
prescribed by ``option A'' under the Administrative Consent Order 
between the facility and Iowa, and the control strategy prescribed by 
``option B.'' In both model runs, the control strategy for Alter Metal 
Recycling remains the same, it is the control strategy and work 
practices prescribed in the construction permit dated September 2, 
2014. The predicted maximum three-month rolling average lead 
concentration is 0.149 [micro]g/m\3\ with Griffin Pipe operating under 
either ``option A'' or ``option B.'' Therefore, Iowa's modeling 
demonstrates attainment of the standard regardless of which control 
strategy Griffin Pipe chooses when it restarts operations.

G. New Source Review (NSR)

    Within the CAA, Section 172(c)(5) refers to permits for 
construction and operation of new and modified major sources located 
within the nonattainment area. A special permitting process applies to 
such sources, referred to as a nonattainment new source review program. 
Section 173 of the CAA mandates nonattainment new source review and an 
approved state SIP must meet the requirements of 40 CFR part 51.165. On 
May 15, 2014 (79 FR 277763), EPA approved into Iowa's SIP the 
nonattainment new source review regulations which are found in 567--
Iowa Administrative Code (IAC) chapter 33. The modified administrative 
rules in chapter 33 became effective on January 15, 2014.

H. Contingency Measures

    As required by CAA section 172(c)(9), the SIP submittal includes 
contingency measures to be implemented if EPA determines that the area 
has failed to make RFP or if the area fails to attain the NAAQS by 
December 2016. If the air quality data for any three-month rolling 
period after the implementation of the control measures identified in 
both the Administrative Consent Order between Iowa and Griffin Pipe or 
the construction permit for Alter Metal Recycling exceeds the 0.15 ug/
m\3\ three-month rolling average lead standard, both facilities shall 
implement the contingency measures set forth in their respective 
governing documents.
    The Administrative Consent Order for Griffin Pipe provided as 
appendix B of the attainment SIP contains the following contingency 
measures which apply to the facility under both control strategies for 
``option A'' and ``option B'':
    (1) After November 30, 2014, the owner or operator shall increase 
the frequency of cleaning/sweeping of the haul roads to twice per day 
within seven days after notification by Iowa that a monitored 
exceedance has occurred. The owner operator shall also submit sweeping 
data to the state and continue daily cleaning/sweeping until notified 
by the state that a different cleaning/sweeping frequency shall be 
used.
    (2) After November 30, 2014, the owner or operator shall implement 
good housekeeping practices on paved haul road surfaces within seven 
days after notification by the state that a monitored exceedance of the 
lead NAAQS occurred during months in which the inclement weather 
provision as specified in the control strategy described in V.C(5)(a) 
above applied. The good housekeeping practices shall include but are 
not limited to daily removal of material piles that have accumulated on 
haul road surfaces and decreasing vehicle speeds on paved road surfaces 
from fifteen miles per hour (mph) to five mph. The owner or operator 
shall continue good housekeeping practices on paved road surfaces until 
paved road sweeping resumes.
    (3) If a monitored exceedance of the lead NAAQS occurs after the 
provisions of the above contingency measures have been implemented for 
three full calendar months the owner or operator will submit an 
emissions evaluation meeting the criteria and timeline specified by the 
state.
    For Alter Metal Recycling, the following contingency measures 
contained in section 14, item L of the facility's construction permit 
apply:
    (1) After November 30, 2014, the facility shall increase the 
frequency of cleaning/sweeping of the haul roads to daily within seven 
days after notification by the state that a monitored exceedance of the 
lead NAAQS occurred. The facility shall submit data to the state and 
continue

[[Page 59702]]

daily cleaning/seeping until notified by the state that a different 
cleaning/sweeping frequency shall be used.
    (2) If a monitored exceedance of the lead NAAQS occurs after the 
provisions of the above contingency measure have been implemented for 
three full calendar months,
    Alter Metal Recycling shall submit an emissions evaluation meeting 
the criteria and timeline specified by the state.
    These measures will help ensure compliance with the 2008 lead NAAQS 
as well as meet the requirements of section 172(c)(9) of the CAA.
    EPA proposes to approve Iowa's SIP as meeting the requirements of 
section 172(c)(9) of the CAA.

I. Enforceability

    As specified in section 172(c)(6) and section 110(a)(2)(A) of the 
CAA, and 57 FR 13556, all measures and other elements in the SIP must 
be enforceable by the state and EPA. The enforceable documents included 
in Iowa's SIP submittal are the Administrative Consent Order between 
Iowa and Griffin Pipe dated January 29, 2015, and the construction 
permit for Alter Metal Recycling dated September 2, 2014. These 
documents contain all control and contingency measures with enforceable 
dates for implementation. Upon EPA approval of the SIP submission, the 
Administrative Consent Order for Griffin Pipe and the construction 
permit for Alter Metal Recycling will become Federally enforceable, and 
enforceable by citizens under section 304 of the CAA.
    EPA proposes to approve Iowa's SIP as meeting the requirements of 
sections 172(c)(6) and 110(a)(2)(A) of the CAA, and 57 FR 13556.

VI. Proposed Action

    EPA is proposing to grant full approval of Iowa's attainment 
demonstration SIP for the Pottawattamie County 2008 lead NAAQS 
nonattainment area. EPA believes that the SIP submitted by the state 
satisfies the applicable requirements of the CAA identified in EPA's 
Final Rule (73 FR 66964, October 15, 2008), and will result in 
attainment of the 0.15 ug/m\3\ standard in the Pottawattamie County, 
Iowa, area.

VII. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the proposed amendments to 40 CFR part 52 set forth below. 
EPA has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and/or in hard 
copy at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).

VIII. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to 
approve a SIP submission 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 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 action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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, August 10, 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 Clean Air Act; 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this proposed action 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This proposed action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 1, 2015. Filing a petition for 
reconsideration by the Administrator of this proposed rule does not 
affect the finality of this rulemaking for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such

[[Page 59703]]

future rule or action. This proposed action may not be challenged later 
in proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 21, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA proposes to amend 40 
CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart Q--Iowa

0
2. In Sec.  52.820:
0
a. Amend the table in paragraph (d) by adding entries (110) and (111), 
in numerical order; and
0
b. Amend the table in paragraph (e) by adding entry (43), in numerical 
order.
    The additions read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (d) * * *

                                EPA-Approved Iowa Source-Specific Orders/Permits
----------------------------------------------------------------------------------------------------------------
                                                             State
          Name of source             Order/permit No.   effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(110) Griffin Pipe Products Co.,   Administrative              1/29/15  10/2/15 [Insert      ...................
 LLC.                               Consent Order No.                    Federal Register
                                    2015-AQ-02.                          citation].
(111) Alter Metal Recycling......  Permit No. 14-A-521          9/2/14  10/2/15 [Insert      ...................
                                                                         Federal Register
                                                                         citation].
----------------------------------------------------------------------------------------------------------------

    (e) * * *

                                   EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable
    Name of nonregulatory SIP         geographic or          State       EPA approval date       Explanation
            provision               nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(43) Lead attainment SIP.........  Portions of                 1/30/15  10/2/15 [Insert      EPA-R07-OAR-2015-05
                                    Pottawattamie                        Federal Register     82; FRL-9935-00-
                                    County.                              citation].           Region 7.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-24995 Filed 10-1-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                               Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules                                        59695

                                                      financing and loan closing costs or for                 ■ 11. Revise § 291.525(b) to read as                  Act, and will bring the designated
                                                      the broker’s sales commission will be                   follows:                                              portions of Council Bluffs, Iowa into
                                                      provided to investor purchasers.                                                                              attainment of the 0.15 microgram per
                                                                                                              § 291.525    Eligible teachers.                       cubic meter (ug/m3) lead NAAQS.
                                                      *      *    *     *     *
                                                         (k) * * *                                            *     *    *      *    *                              DATES: Comments must be received on
                                                         (1) The Secretary will make all                        (b) The full time employment in                     or before November 2, 2015.
                                                      winning bids available publicly.                        paragraph (a) of this section must, in the
                                                                                                                                                                    ADDRESSES: Submit your comments,
                                                         (2) Successful bidders will be notified              normal course of business, serve
                                                                                                                                                                    identified by Docket ID No. EPA–R07–
                                                      through their real estate brokers by                    students from the locality where the
                                                                                                                                                                    OAR–2015–0582, by one of the
                                                      electronic mail, mail, telephone, or                    home is located.
                                                                                                              ■ 12. Revise § 291.530 to read as
                                                                                                                                                                    following methods:
                                                      other means. Acceptance of a bid is final                                                                     SUPPLEMENTARY INFORMATION:
                                                      and effective only upon HUD’s                           follows:
                                                                                                                                                                      1. www.regulations.gov: Follow the
                                                      execution of the sales contract, signed                 § 291.530 Eligible firefighter/emergency              on-line instructions for submitting
                                                      by both the submitting real estate broker               medical technicians.                                  comments.
                                                      and the prospective purchaser, and                         A person qualifies as a firefighter/                 2. Email: doolan.stephanie@epa.gov.
                                                      sending a copy of the executed contract                 emergency medical technician for the                    3. Mail or Hand Delivery: Stephanie
                                                      by electronic mail to the successful                    purposes of the GNND Sales Program if                 Doolan, Environmental Protection
                                                      bidder or the bidder’s agent.                           the person is:                                        Agency, Air Planning and Development
                                                         (l) Counteroffers. HUD may present                      (a) Employed full-time as a firefighter            Branch, 11201 Renner Boulevard,
                                                      counteroffers during competitive bid                    or emergency medical technician by a                  Lenexa, Kansas 66219.
                                                      periods as it deems appropriate to                      fire department or emergency medical                    Instructions: Direct your comments to
                                                      minimize losses to its insurance fund.                  services responder unit of the federal                Docket ID No. EPA–R07–OAR–2015–
                                                      ‘‘Best and Final’’ offers requested by                  government, a state, unit of general local            0582. EPA may publish any comment
                                                      HUD are considered counteroffers.                       government, or an Indian tribal                       received to its public docket. Do not
                                                                                                              government; and                                       submit electronically any information
                                                      Subpart F—Good Neighbor Next Door
                                                                                                                 (b) The full time employment in                    you consider to be Confidential
                                                      Sales Program
                                                                                                              paragraph (a) of this section must, in the            Business Information (CBI) or other
                                                      ■   8. Revise § 291.500 to read as follows:             normal course of business, directly                   information whose disclosure is
                                                                                                              serve the locality where the home is                  restricted by statute. Multimedia
                                                      § 291.500   Purpose.                                    located.                                              submissions (audio, video, etc.) must be
                                                         This subpart describes the policies                                                                        accompanied by a written comment.
                                                                                                                Dated: August 13, 2015.
                                                      and procedures governing the Good                                                                             The written comment is considered the
                                                      Neighbor Next Door (GNND) Sales                         Edward L. Golding,
                                                                                                                                                                    official comment and should include
                                                      Program. The purpose of the GNND                        Principal Deputy Assistant Secretary for
                                                                                                              Housing.
                                                                                                                                                                    discussion of all points you wish to
                                                      Sales Program is to improve the quality                                                                       make. EPA will generally not consider
                                                      of life in distressed urban communities.                [FR Doc. 2015–24837 Filed 10–1–15; 8:45 am]
                                                                                                                                                                    comments or comment contents located
                                                      This is to be accomplished by                           BILLING CODE 4210–67–P
                                                                                                                                                                    outside of the primary submission (i.e.
                                                      encouraging law enforcement officers,                                                                         on the web, cloud, or other file sharing
                                                      teachers, and firefighters/emergency                                                                          system). For additional submission
                                                      medical technicians to purchase and                     ENVIRONMENTAL PROTECTION                              methods, the full EPA public comment
                                                      live in homes that are located in the                   AGENCY                                                policy, information about CBI or
                                                      same communities where they perform                                                                           multimedia submissions, and general
                                                      their daily responsibilities and duties.                40 CFR Part 52
                                                                                                                                                                    guidance on making effective
                                                      ■ 9. Revise § 291.505 to read as follows:               [EPA–R07–OAR–2015–0582; FRL–9935–00–                  comments, please visit http://
                                                                                                              Region 7]                                             www2.epa.gov/dockets/commenting-
                                                      § 291.505   Definitions.
                                                                                                                                                                    epa-dockets. The www.regulations.gov
                                                         For purposes of this subpart:                        Approval and Promulgation of Air                      Web site is an ‘‘anonymous access’’
                                                         Locality means the community,                        Quality Implementation Plans; State of                system, which means EPA will not
                                                      neighborhood, or jurisdiction of the unit               Iowa; 2015 Iowa State Implementation                  know your identity or contact
                                                      of general local government, or Indian                  Plan for the 2008 Lead Standard                       information unless you provide it in the
                                                      tribal government;                                                                                            body of your comment. If you send an
                                                         Unit of general local government                     AGENCY:  Environmental Protection
                                                                                                              Agency (EPA).                                         email comment directly to EPA without
                                                      means a county or parish, city, town,
                                                                                                              ACTION: Proposed rule.                                going through www.regulations.gov,
                                                      township, or other political subdivision
                                                                                                                                                                    your email address will be
                                                      of a state.
                                                      ■ 10. In § 291.520, remove ‘‘and’’ from
                                                                                                              SUMMARY:   The Environmental Protection               automatically captured and included as
                                                      the end of paragraph (a), add the word                  Agency (EPA) proposes to grant full                   part of the comment that is placed in the
                                                      ‘‘and’’ at the end of paragraph (b), and                approval of Iowa’s attainment                         public docket and made available on the
                                                      add paragraph (c).                                      demonstration State Implementation                    Internet. If you submit an electronic
                                                                                                              Plan (SIP) for the lead National Ambient              comment, EPA recommends that you
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                         The addition reads as follows:
                                                                                                              Air Quality Standard (NAAQS)                          include your name and other contact
                                                      § 291.520   Eligible law enforcement                    nonattainment area of Council Bluffs,                 information in the body of your
                                                      officers.                                               Pottawattamie County, Iowa, received                  comment and with any disk or CD–ROM
                                                      *     *     *     *    *                                by EPA on February 9, 2015. The                       you submit. If EPA cannot read your
                                                        (c) The full time employment in                       applicable standard addressed in this                 comment due to technical difficulties
                                                      paragraph (a) of this section must, in the              action is the lead NAAQS promulgated                  and cannot contact you for clarification,
                                                      normal course of business, directly                     by EPA in 2008. EPA believes that the                 EPA may not be able to consider your
                                                      serve the locality in which the home is                 SIP submitted by the state satisfies the              comment. Electronic files should avoid
                                                      located.                                                applicable requirements of the Clean Air              the use of special characters, any form


                                                 VerDate Sep<11>2014   19:21 Oct 01, 2015   Jkt 238001   PO 00000   Frm 00029   Fmt 4702   Sfmt 4702   E:\FR\FM\02OCP1.SGM   02OCP1


                                                      59696                    Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules

                                                      of encryption, and be free of any defects               National Ambient Air Quality Standard                 1. Griffin Process Description
                                                      or viruses.                                             (NAAQS) nonattainment area in                            Griffin Pipe manufactures ductile iron
                                                         Docket. All documents in the                         portions of Council Bluffs,                           pressure pipe for potable water
                                                      electronic docket are listed in the                     Pottawattamie County, Iowa. The                       transmission and wastewater collection.
                                                      www.regulations.gov index. Although                     applicable standard addressed in this                 The facility is classified as a gray iron
                                                      listed in the index, some information is                action is the lead NAAQS promulgated                  foundry in accordance with the North
                                                      not publicly available, e.g., CBI or other              by EPA in 2008. EPA believes that the                 American Industry Classification
                                                      information whose disclosure is                         SIP submitted by the state satisfies the              System (NAICS). Griffin Pipe is
                                                      restricted by statute. Certain other                    applicable requirements of the Clean Air              considered a major source for CAA Title
                                                      material, such as copyrighted material,                 Act (CAA) identified in EPA’s Final                   V and Prevention of Significant
                                                      will be publicly available only in hard                 Rule (73 FR 66964, October 15, 2008),                 Deterioration (PSD) permitting
                                                      copy. Publicly available docket                         and will bring the area into attainment
                                                                                                                                                                    purposes.
                                                      materials are available either                          of the 0.15 microgram per cubic meter                    Griffin Pipe’s Council Bluffs facility
                                                      electronically in www.regulations.gov or                (mg/m3) lead NAAQS.                                   covers more than 105,000 square feet
                                                      in hard copy at the Environmental                       II. Have the requirements for the                     and is located on a 19 acre site along the
                                                      Protection Agency, Air Planning and                     approval of a SIP revision been met?                  Missouri River bottoms. It produces
                                                      Development Branch, 11201 Renner                                                                              ductile iron pressure pipe in 20 foot
                                                      Boulevard, Lenexa, Kansas 66219. EPA                       The state submission has met the
                                                                                                              public notice requirements for SIP                    lengths and diameters ranging from six
                                                      requests that you contact the person                                                                          to 48 inches which are stored on the
                                                      listed in the FOR FURTHER INFORMATION                   submissions in accordance with 40 CFR
                                                                                                              51.102. The submission also satisfied                 property until off-site shipment. There
                                                      CONTACT section to schedule your
                                                                                                              the completeness criteria of 40 CFR part              are paved haul routes on-site for the
                                                      inspection. The interested persons                                                                            trucks that pick up the product for off-
                                                      wanting to examine these documents                      51, appendix V. In addition, the revision
                                                                                                              meets the substantive SIP requirements                site transport. There is also a rail spur
                                                      should make an appointment with the                                                                           that traverses the south side of the
                                                      office at least 24 hours in advance.                    of the CAA, including section 110 and
                                                                                                              implementing regulations.                             property.
                                                      FOR FURTHER INFORMATION CONTACT:                                                                                 The hot iron required in the pipe
                                                      Stephanie Doolan, Environmental                         III. What action is EPA taking?                       manufacturing process is produced in a
                                                      Protection Agency, Air Planning and                        EPA is proposing to grant full                     cupola. The cupola is charged with raw
                                                      Development Branch, 11201 Renner                        approval of Iowa’s attainment                         materials including coke, scrap iron,
                                                      Boulevard, Lenexa, Kansas 66219 at                      demonstration SIP for the 2008 lead                   scrap steel, and fluxes. The scrap metal
                                                      (913) 551–7719, or by email at                          NAAQS. EPA is proposing this action in                primarily comes from Alter Recycling
                                                      doolan.stephanie@epa.gov.                               order to solicit comments. Final                      which is located to the south of Griffin
                                                      SUPPLEMENTARY INFORMATION:                              rulemaking will occur after                           Pipe and is part of the nonattainment
                                                      Throughout this document ‘‘we,’’ ‘‘us,’’                consideration of any comments                         area, as discussed in paragraph V.A.2
                                                      or ‘‘our’’ refer to EPA.                                received.                                             below. After the molten iron leaves the
                                                      Table of Contents                                                                                             cupola, it is treated in a desulfurization
                                                                                                              IV. Background
                                                                                                                                                                    and magnesium inoculation processes.
                                                      I. What is being addressed in this document?               EPA established the National Ambient               Desulfurization removes undesirable
                                                      II. Have the requirements for the approval of           Air Quality Standards (NAAQS) for lead                sulfur from the metal and magnesium
                                                            a SIP revision been met?                          on October 5, 1978 (43 FR 46246). On                  inoculation uses magnesium to give the
                                                      III. What action is EPA taking?                         October 15, 2008, EPA established a
                                                      IV. Background
                                                                                                                                                                    metal the physical properties needed to
                                                                                                              new lead NAAQS of 0.15 mg/m3 in air,                  produce the ductile iron pipe. Lead
                                                      V. Technical Review of the Attainment
                                                            Demonstration SIP Related to the 2008
                                                                                                              measured as a rolling three-month                     present in the scrap metal is emitted as
                                                            Lead NAAQS                                        average. (73 FR 66964). On November                   the metals are melted in the cupola,
                                                         A. Facility Description                              22, 2011, portions of Councils Bluffs,                treated in the desulfurization and
                                                         1. Griffin Pipe                                      Pottawattamie County, Iowa were                       magnesium inoculation processes, and
                                                         2. Alter Metal Recycling                             designated as nonattainment for the                   cast.
                                                         B. Model Selection, Meteorological and               2008 lead NAAQS. (76 FR 72097).                          On December 7, 2010, the state issued
                                                            Emissions Inventory Input Data                    Under sections 191(a) and 192(a)of the                a Prevention of Significant Deterioration
                                                         C. Control Strategy                                  CAA, Iowa is required to submit to EPA                (PSD) air permit to the facility. As a part
                                                         1. Griffin Pipe                                      an attainment demonstration SIP
                                                         2. Alter Metal Recycling                                                                                   of this permit, the facility installed air
                                                                                                              revision for lead and to demonstrate the              pollution controls in order to
                                                         D. Modeling Results
                                                         E. Reasonably Available Control Measures
                                                                                                              nonattainment area will reach                         demonstrate that the facility met the
                                                            (RACM) Including Reasonably Available             attainment of the 2008 lead NAAQS no                  Best Available Control Technology
                                                            Control Technology (RACT) and                     later than five years from the date of the            (BACT) criteria. Controls implemented
                                                            Reasonable Further Progress (RFP)                 nonattainment area designation.                       in 2011 included: Replacement of the
                                                         F. Attainment Demonstration                                                                                existing wet scrubber system for the
                                                                                                              V. Technical Review of the Attainment
                                                         G. New Source Review (NSR)                                                                                 cupola furnace with a baghouse;
                                                         H. Contingency Measures                              Demonstration SIP for the 2008 Lead
                                                                                                              NAAQS                                                 addition of a second baghouse to control
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                                                         I. Enforceability
                                                      VI. Proposed Action                                                                                           emissions from the magnesium
                                                                                                              A. Facility Description                               inoculation and desulfurization
                                                      VII. Incorporation by Reference
                                                      VIII. Statutory and Executive Order Reviews               There are two lead-emitting sources                 processes; and installation of two new
                                                                                                              contributing to the Council Bluffs lead               chemical storage silos, one for a
                                                      I. What is being addressed in this                      nonattainment area: Griffin Pipe                      chemical that will be added to the gas
                                                      document?                                               Products Company, L.L.C. (Griffin Pipe);              stream after exiting cupola and before
                                                         In this document, EPA is addressing                  and Alter Metal Recycling (Alter). A                  the baghouse for sulfur dioxide control,
                                                      Iowa’s attainment demonstration State                   description of the operation of these two             and the other for a chemical to be added
                                                      Implementation Plan (SIP) for the lead                  facilities is presented below.                        to the gas stream for the treatment of


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                                                                                       Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules                                                                                        59697

                                                      heavy metals in the baghouse. The                                         emissions plumes. Emission rates, wind                                     projects were completed are more
                                                      facility also began implementing a scrap                                  speed and direction, atmospheric                                           representative of base case conditions.
                                                      management plan to control the amount                                     mixing heights, terrain, plume rise from                                   Emissions from 2010 also correlate with
                                                      of lead contained in the scrap metal it                                   stack emissions, initial dispersion                                        the meteorological data used to input
                                                      processes as a part of the PSD permit.                                    characteristics of fugitive sources,                                       the model. Emissions for the haul routes
                                                        On May 3, 2014, Griffin Pipe ceased                                     particle size and density are all factors                                  were based on calculated emission rates
                                                      operations. The facility has notified                                     considered by the model when                                               from silt data collected by sampling
                                                      IDNR that it intends to restart operations                                estimating ambient impacts. Iowa                                           haul routes at both Griffin Pipe and
                                                      in the future; thus, the attainment                                       performed five different dispersion                                        Alter Recycling. The haul route
                                                      demonstration SIP contains an                                             modeling analyses for the 2008 lead                                        emissions were based on conservative
                                                      Administrative Order on Consent                                           NAAQS for the Council Bluffs                                               assumptions regarding haul route traffic
                                                      between Griffin Pipe and IDNR that                                        nonattainment area. Two analyses were                                      and hours of operation over a one-year
                                                      requires written notification to be                                       conducted to determine the cumulative                                      period. The emissions calculations for
                                                      provided to IDNR at least 60 days prior                                   impacts of both facilities under two                                       haul route traffic are provided in
                                                      to the date that the Facility resumes                                     operational configurations at Griffin                                      appendix A of the Attainment SIP
                                                      operation, and contains control                                           Pipe, Options A and B, which are                                           which is available in the docket.
                                                      requirements that apply upon                                              described below in greater detail. Three
                                                      resumption of Facility operations.                                        additional analyses were conducted to                                         Point source emissions from Griffin
                                                                                                                                determine the impacts of Griffin Pipe                                      Pipe occur primarily from melting
                                                      2. Alter Metal Recycling Process                                                                                                                     metal, a hot iron desulfurization
                                                      Description                                                               under both Options A and B on Alter
                                                                                                                                Recycling, and the impact of Alter                                         process, a magnesium inoculation
                                                         Alter Metal Recycling is one of several                                Recycling on Griffin Pipe. The results of                                  process and metal casting. The melting
                                                      scrap material processing center                                          the analyses will be discussed in more                                     process uses a cupola furnace that is
                                                      associated with Alter Trading                                             detail in Section V.C. of this document.                                   charged with coke, scrap iron and steel,
                                                      Corporation, a privately held company                                        Iowa used the surface and upper air                                     and fluxes (inert materials) as raw
                                                      with offices and processing centers                                       meteorological data from the Omaha                                         materials. As the materials are heated,
                                                      across the central U.S. The Alter                                         airport (KOMA) for years 2008 through                                      melted and moved through the casting
                                                      Recycling property occupies                                               2012. EPA recommends the use of five                                       process, lead in the scrap is released
                                                      approximately 29 acres to the south and                                   years of meteorological data for the                                       and vented through stacks and roof
                                                      east of Griffin Pipe. The processing                                      model (40 CFR part 51, appendix W,                                         vents. Emissions represented in the
                                                      center receives scrap metal from a                                        section 8.3.1.2). EPA conducted a                                          model are from release points, stack
                                                      variety of sources, including used cars,                                  review of the meteorological data used                                     emissions validated by stack test data,
                                                      and operates a shredder (hammer mill)                                     for the modeling and agreed with Iowa’s                                    and fugitive emissions calculated using
                                                      to reduce the size of the incoming                                        determination that it is representative of                                 field measurements wherever possible
                                                      material. The facility is considered a                                    meteorological conditions in the area of                                   or estimated based on EPA’s AP–42
                                                      minor source with regard to the State of                                  Griffin Pipe and Alter Recycling. The                                      guidelines.1
                                                      Iowa’s air permitting program. Lead                                       meteorological data were run through                                          Alter Recycling lead emissions were
                                                      emissions from Alter Recycling occur                                      AERMOD’s pre-processors to make the                                        calculated by estimating the inbound
                                                      predominantly from fugitive emissions                                     data usable by the model.                                                  and outbound truck traffic on haul
                                                      associated with vehicle traffic on facility                                  As required by Section 172(c)(3) of
                                                                                                                                                                                                           routes on the facility’s property. Other
                                                      roadways when lead-containing silt on                                     the CAA, a revised emission inventory
                                                                                                                                                                                                           activities conducted by the facility that
                                                      roadways becomes airborne.                                                was developed for this nonattainment
                                                                                                                                                                                                           could potentially result in lead
                                                                                                                                area. Potential emissions rates for the
                                                      B. Model Selection, Meteorological and                                                                                                               emissions, such as torch cutting and
                                                                                                                                point sources were developed from
                                                      Emissions Inventory Input Data                                                                                                                       operation of the hammer mill, are
                                                                                                                                stack test data, process information,
                                                        Iowa conducted air dispersion                                                                                                                      estimated to be de minimis and
                                                                                                                                engineering assessment, and evaluation
                                                      modeling to evaluate the effectiveness of                                                                                                            therefore were not included in the
                                                                                                                                of the levels necessary to achieve
                                                      the proposed control strategy. The                                        attainment of the 2008 Pb NAAQS.                                           modeling and development of control
                                                      model, AERMOD, was utilized and is                                           Iowa selected 2010 as the base year                                     measures.
                                                      EPA’s preferred model for                                                 for lead emissions inputs to the model.                                       Lead emissions estimates for base year
                                                      demonstrating attainment of the lead                                      As stated above, Griffin Pipe completed                                    2010 are provided in Table 1 below.
                                                      NAAQS. AERMOD estimates the                                               the installation of its emissions control                                  Note that haul route emissions provided
                                                      combined ambient impact of sources by                                     projects under the PSD permit in 2011,                                     are based on worst-case estimates and as
                                                      simulating Gaussian dispersion of                                         so emissions estimates before these                                        such are likely overestimates.

                                                                                                                                TABLE 1—LEAD EMISSIONS ESTIMATES
                                                                                                                              [Pottawattamie County Lead Nonattainment Area]

                                                                                                                                                                                                                                                      2010 Emissions
                                                                                         Facility name                                                                                    Source type                                                  tons per year
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                                                                                                                                                                                                                                                           (tpy) a

                                                      Griffin Pipe ...............................................................................   Point ........................................................................................            0.7447
                                                                                                                                                     Fugitive ....................................................................................             0.2570
                                                      Alter Recycling .........................................................................      Fugitive ....................................................................................             0.7182




                                                        1 AP–42, Compilation of Air Pollutant Emission

                                                      Factors, Fifth Edition, http://www.epa.gov/ttnchie1/
                                                      ap42/.

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                                                      59698                            Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules

                                                                                                                    TABLE 1—LEAD EMISSIONS ESTIMATES—Continued
                                                                                                                              [Pottawattamie County Lead Nonattainment Area]

                                                                                                                                                                                                                                                              2010 Emissions
                                                                                          Facility name                                                                                      Source type                                                       tons per year
                                                                                                                                                                                                                                                                   (tpy) a

                                                            Total Emissions ................................................................          ..................................................................................................                       1.7564
                                                         a Note
                                                             that the emissions listed do not total exactly due to rounding when summing individual emissions units. See Section 3, 2010 Base-year
                                                      Lead Emissions Inventory, of the Iowa SIP for greater detail.


                                                        In accordance with 40 CFR part 51,                                      facility), originating from 270 to 90                                         Recycling is detailed in the
                                                      appendix W, background concentrations                                     degrees. The data when the                                                    Construction Permit issued to the
                                                      must be considered when determining                                       predominant wind direction was                                                facility, which is appendix C of the
                                                      NAAQS compliance. Background                                              blowing from the dominant sources                                             attainment SIP.
                                                      concentrations are intended to include                                    toward the monitor were excluded from
                                                      impacts attributable to natural sources,                                  the background calculation. The                                               1. Griffin Pipe
                                                      nearby sources (excluding the dominant                                    calculated background value using the                                            On May 3, 2014, Griffin Pipe ceased
                                                      source(s)), and unidentified sources.                                     monitoring data is 0.01 mg/m3.                                                operations at its Council Bluffs facility.
                                                      The calculated background                                                   EPA conducted an independent
                                                                                                                                                                                                              Because the shutdown occurred during
                                                      concentration includes all sources of                                     analysis of the data from the monitor
                                                                                                                                                                                                              the development of the attainment SIP,
                                                      lead not already included in the model                                    and corresponding wind direction to
                                                                                                                                verify the background concentration                                           the state worked with the facility to
                                                      run script. The background                                                                                                                              develop and Administrative Order on
                                                      concentration includes distant sources                                    calculated by Iowa. Based on its
                                                                                                                                independent analysis, EPA agrees that                                         Consent which outlines the
                                                      of lead or naturally occurring lead in                                                                                                                  requirements and options for the facility
                                                      soils that has become re-entrained in the                                 the calculated value represents a
                                                                                                                                conservative estimate of background                                           when it restarts operations at its Council
                                                      atmosphere.                                                                                                                                             Bluffs facility. At Griffin Pipe’s request,
                                                                                                                                during the study period.
                                                        The background value is calculated by                                                                                                                 the facility was given two options for
                                                      averaging the monitored concentrations                                    C. Control Strategy                                                           control measures to comply with the
                                                      of lead in air from the monitor near the                                     The following describes the control                                        lead NAAQS which are detailed in
                                                      intersection of 8th Avenue and 27th                                       strategy for each facility significantly                                      attachments A and B of the
                                                      Street in Council Bluffs, Iowa. The data                                  contributing to the nonattainment area.                                       Administrative Consent Order between
                                                      included in the background calculation                                    The control strategy for Griffin Pipe is                                      Iowa and Griffin Pipe. ‘‘Option A’’
                                                      are those collected on days when the                                      detailed in the Administrative Order on                                       consists of control measures in the form
                                                      predominant wind direction was                                            Consent, appendix B of the attainment                                         of emissions limits for point sources as
                                                      northerly (from the monitor toward the                                    SIP. The control strategy for Alter Metal                                     follows:

                                                                                                             TABLE 2—GRIFFIN PIPE LEAD EMISSION LIMITS ‘‘OPTION A’’
                                                                                                                           Source description                                                                                           EP ID                        lb/hr b

                                                      Cupola (EU–2) ..........................................................................................................................................................        EP–2A                0.282/0.046 c
                                                      Desulfurization (EU–3) .............................................................................................................................................            EP–3                 0.0018.
                                                      Bull Ladle (EU–3)
                                                      Magnesium Inoculation (EU–4)
                                                      Magnesium Inoculation—uncaptured (EU–4) ..........................................................................................................                              EP–7A                0.0026.
                                                      Ladle Preheat—uncaptured (EU–19)
                                                      Desulfurization—uncaptured (EU–2) ........................................................................................................................                      EP–7B                0.0372.
                                                      Bull Ladle—uncaptured (EU–3)
                                                      Small Diameter Casting (EU–6)
                                                      Small Diameter Casting (EU–6) ...............................................................................................................................                   EP–6A                0.0043.
                                                      Building Emissions ...................................................................................................................................................          EP–6B                0.0025.
                                                      Large Diameter Casting (EU–29) .............................................................................................................................                    EP–29                0.0025.
                                                                                                                                                                                                                                      EP–29A
                                                      Cupola Charge Handling (EU–17) ...........................................................................................................................                      FUG1                 0.00143.
                                                      Traffic Pathways .......................................................................................................................................................        N/A                  Not applicable d
                                                         b Theemission limit is expressed as the average of three test runs.
                                                         c The0.282 lb/hr is necessary to meet the 2008 Lead NAAQS; however, a lower emission limit of 0.046 lb/hr is required by the Consent De-
                                                      cree between EPA and Griffin Pipe United States v. Griffin Pipe Products., LLC (Civil Action No. 1:14–cv–00027–JAJ–RAW). The lower value is
                                                      the SIP enforceable emission limit; the presentation of both limits in the SIP is to merely acknowledge that the higher emissions limit is RACT.
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                                                        d The emission limits for Traffic Pathways is 0.002 tons per rolling calendar quarter to correspond with the 2008 Lead NAAQS which is also
                                                      based on a rolling calendar quarter.


                                                        For traffic pathways (haul routes), the                                 percent reduction over the baseline lead                                      rolling calendar quarter which is not
                                                      emissions limit of 0.002 tons per rolling                                 levels assuming maximum potential                                             contained in ‘‘option B.’’
                                                      calendar quarter correlates to a lead silt                                operation. ‘‘Option A’’ also contains an                                        Griffin Pipe requested ‘‘option B’’
                                                      loading content of 0.00016 g/m2. This                                     operational limit of 1,250 hours per                                          which includes adding a baghouse.
                                                      lead emission limit represents a 95                                                                                                                     Adding an additional baghouse to
                                                                                                                                                                                                              capture desulfurization (EU–2) and bull


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                                                                                        Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules                                                                                         59699

                                                      ladle capture (EU–3), allows for more                                       such as an increase in the silt loading                                      emission limits by unit under ‘‘option
                                                      operational flexibility in other areas,                                     for the traffic pathways. Below are the                                      B.’’

                                                                                                               TABLE 3—GRIFFIN PIPE LEAD EMISSION LIMITS ‘‘OPTION B’’
                                                                                                                             Source description                                                                                        EP ID              lb/hr e

                                                      Cupola (EU–2) ..........................................................................................................................................................        EP–2A     0.282/0.046 f
                                                      Desulfurization (EU–3) .............................................................................................................................................            EP–3      0.02.
                                                      Bull Ladle (EU–3)
                                                      Magnesium Inoculation (EU–4)
                                                      Magnesium Inoculation—uncaptured (EU–4) ..........................................................................................................                              EP–7A     0.0075.
                                                      Ladle Preheat—uncaptured (EU–19)
                                                      Desulfurization—secondary capture (EU–2) ............................................................................................................                           EP–7B     0.0025.
                                                      Bull Ladle—secondary capture (EU–3)
                                                      Small Diameter Casting (EU–6)
                                                      Small Diameter Casting (EU–6) ...............................................................................................................................                   EP–6A     0.0043.
                                                      Building Emissions ...................................................................................................................................................          EP–6B     0.0015.
                                                      Large Diameter Casting (EU–29) .............................................................................................................................                    0.0025.
                                                      EP–29 .......................................................................................................................................................................
                                                      EP–29A
                                                      Cupola Charge Handling (EU–17) ...........................................................................................................................                      FUG1      0.00143.
                                                      Traffic Pathways .......................................................................................................................................................        N/A       Not applicable g
                                                         e Theemission limit is expressed as the average of three test runs.
                                                         fThe 0.282 lb/hr is necessary to meet the 2008 Lead NAAQS; however, a lower emission limit of 0.046 lb/hr is required by the Consent De-
                                                      cree between EPA and Griffin Pipe United States v. Griffin Pipe Products., LLC (Civil Action No. 1:14–cv–00027–JAJ–RAW). The lower value is
                                                      the SIP enforceable emission limit; the presentation of both limits in the SIP is to merely acknowledge that the higher emissions limit is RACT.
                                                        g The emission limits for Traffic Pathways is 0.004 tons per rolling calendar quarter to correspond with the 2008 Lead NAAQS which is also
                                                      based on a rolling calendar quarter


                                                         In ‘‘option B,’’ the emissions limit of                                  Exceptions to the sweeping are as                                              (9) The owner or operator shall take
                                                      0.004 tons per rolling calendar quarter                                     follows:                                                                     reasonable precautions to prevent the
                                                      correlates to a lead silt loading content                                      a. If sweeping cannot be                                                  discharge of visible emissions of fugitive
                                                      of 0.00032 g/m2. This lead emission                                         accomplished due to daytime ambient                                          dust beyond the lot line of the property.
                                                      limit represents a 90 percent reduction                                     air temperatures less than 35 degrees F                                        When Griffin Pipe seeks to resume
                                                      over the baseline lead levels assuming                                      or weather that creates hazardous                                            operations, it is required to provide at
                                                      maximum potential operation.                                                driving conditions, then the sweeping                                        least a sixty day notice to the state and
                                                         Both options contain the same                                            shall be postponed and resume as soon                                        adhere to all permitting and/or
                                                      performance testing and work practices                                      after the scheduled date as the                                              obligations of the Administrative Order
                                                      requirements, including,                                                    conditions preventing the sweeping                                           on Consent prior to restarting
                                                         (1) The total production rate shall not                                  have abated.                                                                 operations.
                                                      exceed 235,150 tons of metal charged                                           b. Paved road sweeping need not                                           2. Alter Metal Recycling
                                                      per rolling 12-month period.                                                occur when a rain gauge located at the
                                                                                                                                  site indicates that at least 0.2 inches of                                      At Alter Metal Recycling, the control
                                                         (2) Bulk material shipment or                                                                                                                         strategy to attain the 2008 Lead NAAQS
                                                      deliveries of product, waste and raw                                        precipitation (water equivalent) has
                                                                                                                                  occurred within the preceding 24-hour                                        consists of a lead limit in silt for traffic
                                                      materials shall only occur from 7 a.m.                                                                                                                   pathways (e.g., truck haul routes) of 0.01
                                                      to 5 p.m. daily.                                                            time period. However road sweeping
                                                                                                                                  shall resume within 24-hours after the                                       tons of lead per rolling calendar quarter
                                                         (3) Standard Operating Procedures                                                                                                                     average. This correlates to a lead silt
                                                      (SOPs) for work practices to minimize                                       precipitation event has ended.
                                                                                                                                                                                                               content of 0.00281 g/m2 under
                                                      emissions from the cupola charge                                               c. Paved road sweeping need not                                           maximum potential operations, defined
                                                      handling (EU–17) and the scrap                                              occur when the facility experiences no                                       as all raw material and product shipped
                                                      management plan for minimizing the                                          production or shipping activities on that                                    or received by truck. This silt content
                                                      amount of lead introduced to process as                                     calendar day.                                                                limit is based on a 95 percent reduction
                                                      charge material are included as                                                (6) If sweeping cannot be                                                 over baseline lead levels. Based on
                                                      attachments to the Administrative Order                                     accomplished for the entire month due                                        empirical silt sampling, the total
                                                      on Consent between Griffin Pipe and                                         to low ambient temperatures or                                               amount of silt that correlates with
                                                      Iowa.                                                                       hazardous weather, silt load testing is                                      0.00281 g/m2 lead is 2.7 g/m2; thus, this
                                                         (4) Limitations on public access to the                                  not required for that month.                                                 amount has been established as a
                                                      facility at all property boundary lines.                                       (7) In addition to the emissions limits                                   surrogate for the purposes of
                                                         (5) Fugitive dust control by sweeping                                    for traffic pathways listed for ‘‘option                                     determining SIP compliance.
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                                                      all paved truck traffic routes once per                                     A’’ and ‘‘option B’’ above, surface total                                       Other operating limits in Alter Metal
                                                      day using a Tymco DST–4 Sweeper or                                          silt loading or lead silt loading on the                                     Recycling’s permit include:
                                                      functional equivalent as approved by                                        traffic pathways shall not exceed 0.64 g/                                       (1) The facility must complete paving
                                                      the state. The Tymco DST–4 Sweeper is                                       m2 or 0.00016 g/m2, respectively, based                                      of haul routes identified by the
                                                      equipped with a HEPA filter to capture                                      on a three-month rolling average.                                            Construction Permit (appendix C of the
                                                      lead-contaminated particulates rather                                          (8) Silt load sampling conducted at a                                     attainment SIP) as segments 7, 14, 15
                                                      than emitting them to ambient air.                                          minimum of three locations                                                   and 16 by October 31, 2015. By this
                                                      Sweeping is required to begin within                                        representative of normal conditions and                                      same date, the facility also must cease
                                                      seven days after resuming operations.                                       not within four hours of sweeping.                                           the use of haul road segment 17.


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                                                      59700                    Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules

                                                         (2) Fugitive dust control by sweeping                   (1) The first case models combined                 implemented.2 In March 2012, EPA
                                                      all paved truck traffic routes once per                 impacts of both facilities on ambient air             issued guidance titled, ‘‘Implementation
                                                      day using a Tymco DST–4 Sweeper or                      with Griffin Pipe operating under the                 of Reasonably Available Control
                                                      functional equivalent as approved by                    ‘‘option A’’ control strategy described               Measures (RACM) for Controlling Lead
                                                      the state. Sweeping is required to begin                above;                                                Emissions’’ (RACM Guidance).3
                                                      within seven days after resuming                           (2) The second case models combined                   Section 172(c)(2) of the CAA requires
                                                      operations. Exceptions to the sweeping                  impacts of both facilities with Griffin               areas designated as nonattainment for
                                                      are as follows:                                         Pipe operating under the ‘‘option B’’                 criteria pollutants to include a
                                                         a. If sweeping cannot be                             control strategy described above;                     demonstration of Reasonable Further
                                                      accomplished due to daytime ambient                        (3) The third case models the impact               Progress (RFP) in attainment
                                                      air temperatures less than 35 degrees F                 of Griffin Pipe’s lead emissions on Alter             demonstrations. Section 171(1) of the
                                                      or weather that creates hazardous                       Metal Recycling with Griffin Pipe                     CAA defines RFP as annual incremental
                                                      driving conditions, then the sweeping                   operating under the ‘‘option A’’ control              reductions in emissions of the relevant
                                                      shall be postponed and resume as soon                   strategy;                                             air pollutants as required by part D, or
                                                      after the scheduled date as the                            (4) The fourth case models the impact              emission reductions that may
                                                      conditions preventing the sweeping                      of Griffin Pipe’s lead emissions on Alter             reasonably be required by EPA to ensure
                                                      have abated.                                            Metal Recycling under the ‘‘option B’’                attainment of the applicable NAAQS by
                                                         b. Paved road sweeping need not                      control strategy; and                                 the applicable date. Part D does not
                                                      occur when a rain gauge located at the                     (5) The fifth case models the impacts              include specific RFP requirements for
                                                      site indicates that at least 0.2 inches of              of Alter Metal Recycling’s lead                       lead.
                                                      precipitation (water equivalent) has                    emissions on Griffin Pipe.                               EPA recommends a RACT analysis for
                                                      occurred within the preceding 24-hour                      In all the modeling runs described                 facilities emitting 0.5 tpy lead per year
                                                      time period. However road sweeping                      above the Alter Metal Recycling control               or more. (73 FR 66964). As listed in
                                                      shall resume within 24-hours after the                  strategy remained the same as described               Table 1 above, in the base year for
                                                      precipitation event has ended.                          in paragraph C.2 above.                               modeling, 2010, Griffin Pipe and Alter
                                                         c. Paved road sweeping need not                         The total impact of the combined lead              Metal Recycling emitted 1.0382 and
                                                      occur when the facility experiences no                  emissions from both facilities with                   0.7182 tons per year, respectively. Thus,
                                                      production or shipping activities on that               Griffin Pipe operating under ‘‘option A’’             both facilities exceeded the threshold
                                                      calendar day.                                           was 0.149 mg/m3. The total impact of the              for determining RACT to comply with
                                                         (3) If sweeping cannot be                            combined lead emissions from both                     the 2008 Lead NAAQS. Section 4 of the
                                                      accomplished for the entire month due                   facilities with Griffin Pipe operating                lead attainment SIP details Iowa’s
                                                      to low ambient temperatures or                          under ‘‘option B’’ was also 0.149 mg/m3.              RACT/RACM analysis by facility and
                                                      hazardous weather, silt load testing is                 Thus, the modeling demonstrates that                  point or fugitive emissions sources
                                                      not required for that month.                            with Griffin Pipe operating under either              considered.
                                                         (4) The haul road surface silt loading               ‘‘option A’’ or ‘‘option B’’ as a control                Iowa performed a RACT/RACM
                                                      shall not exceed 2.70 g/m2.                             strategy, the combined facility                       analysis in compliance with the RACM
                                                         (5) The facility is limited to shipping              emissions will attain the 2008 Lead                   Guidance. As stated in the final lead
                                                      (inbound and outbound) material                         NAAQS. Under the other three                          NAAQS rule, RFP is satisfied by the
                                                      between the hours of 5 a.m. to 8 p.m.,                  scenarios, which examine the impact of                strict adherence to a compliance
                                                      Monday through Friday, and 8 a.m. to                    the facilities on each other, the 2008                schedule which is expected to
                                                      12 p.m. on Saturday. The facility is also               Lead NAAQS was also attained.                         periodically yield significant emission
                                                      limited to processing and shipping                         EPA reviewed and independently                     reductions. Iowa has determined that
                                                      (inbound and outbound) no more than                     verified the modeling conducted by                    either control strategy for Griffin Pipe
                                                      946,000 tons of material per rolling 12-                Iowa. Based on EPA’s analysis of the                  under ‘‘option A’’ or ‘‘option B’’ as
                                                      month period. Internal transfers at the                 attainment modeling and its outcomes,                 described above, combined with the
                                                      facility are limited to Monday through                  EPA believes that Iowa’s control                      control strategy for Alter Metal
                                                      Friday.                                                 strategy, whether it includes ‘‘option A’’            Recycling, constitutes RACM. The
                                                         (6) The facility is required to                      or ‘‘option B’’ for Griffin Pipe, will bring          control measures including operational
                                                      implement ‘‘Best Management                             the designated portions of                            controls and work practices described in
                                                      Practices’’ including clean up spills as                Pottawattamie County, Iowa, into                      paragraph V.C above have been modeled
                                                      expeditiously as possible, weekly                       attainment of the 2008 Lead NAAQS.                    and demonstrated to achieve the lead
                                                      cleanup of truck area scales and process                E. Reasonably Available Control                       NAAQS and also comply with RACM
                                                      buildings, and ‘‘good housekeeping’’ to                 Measures (RACM) Including Reasonably                  and RFP.
                                                      minimize fugitive dust emissions. The                   Available Control Technology (RACT)                      RFP is addressed by the control
                                                      facility is also requires to post and                   and Reasonable Further Progress (RFP)                 strategy occurring in a timeframe
                                                      maintain speed limit signs.                                                                                   consistent with the CAA. Upon
                                                         (7) The facility is required to limit                  Section 172(c)(1) of the CAA requires
                                                                                                                                                                    implementation of the control strategy
                                                      public access posting signs at all facility             nonattainment areas to implement all
                                                                                                                                                                    and practices described above, ambient
                                                      boundaries that are not fenced. During                  RACM, including emissions reductions
                                                                                                                                                                    air quality concentrations are expected
                                                      days when the facility is operating, in-                through the adoption of RACT, as
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                                                                                                                                                                    to drop at or below attainment levels
                                                      person surveillance shall be conducted                  expeditiously as practicable. EPA
                                                                                                                                                                    immediately. The nonattainment area’s
                                                      and recorded by the facility. In lieu of                interprets this as requiring all
                                                                                                                                                                    ambient air quality monitor began
                                                      in-person surveillance, the facility may                nonattainment areas to consider all
                                                                                                                                                                    reporting lead concentrations below the
                                                      maintain and operate equipment                          available controls and to implement all
                                                                                                                                                                    2008 lead NAAQS for the three-month
                                                      adequate to ensure surveillance of the                  measures that are determined to be
                                                      boundary shared with the rail line.                     reasonably available, except that                       2 See 58 FR 67751, December 22 1993, for a
                                                         D. Modeling Results                                  measures which will not assist the area               discussion of this interpretation as it relates to lead.
                                                         Iowa modeled five different cases to                 to more expeditiously attain the                        3 http://www.epa.gov/oar/lead/pdfs/

                                                      evaluate lead NAAQS compliance:                         standard are not required to be                       2012ImplementationGuide.pdf>



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                                                                               Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules                                        59701

                                                      rolling average for October through                     sections on the control strategy and the              control measures identified in both the
                                                      December 2012. It should be noted that                  contingency measures, respectively.                   Administrative Consent Order between
                                                      the air monitoring data are impacted by                    The future case dispersion modeling                Iowa and Griffin Pipe or the
                                                      Griffin Pipe’s shutdown on May 3, 2014.                 is the attainment demonstration used to               construction permit for Alter Metal
                                                      Griffin Pipe has informed Iowa that it                  verify that the proposed control                      Recycling exceeds the 0.15 ug/m3 three-
                                                      intends to restart operations at an                     strategies will bring the area into                   month rolling average lead standard,
                                                      undetermined time in the future. Thus,                  attainment of the 2008 Lead NAAQS. In                 both facilities shall implement the
                                                      the attainment SIP is based on the                      order to determine whether the planned                contingency measures set forth in their
                                                      assumption that the facility will resume                emission reduction strategies will result             respective governing documents.
                                                      operations under one of the two control                 in attainment of the NAAQS, the                          The Administrative Consent Order for
                                                      strategies detailed in paragraph V.C                    modeled maximum lead concentration                    Griffin Pipe provided as appendix B of
                                                      above.                                                  in ambient air (based on a rolling three-             the attainment SIP contains the
                                                         Alter Metal Recycling began                          month average) are added to the                       following contingency measures which
                                                      implementing its control measures by                    calculated background lead                            apply to the facility under both control
                                                      paving previously unpaved haul routes                   concentration of 0.01 mg/m3, then                     strategies for ‘‘option A’’ and ‘‘option
                                                      and sweeping with street sweeper                        compared to the 2008 Lead NAAQS                       B’’:
                                                      equipped with a HEPA filter to remove                   which is 0.150 mg/m3. As discussed                       (1) After November 30, 2014, the
                                                      lead-contaminated silt from the                         above there are two model runs to                     owner or operator shall increase the
                                                      roadway. There are no point source lead                 predict the cumulative impacts of both                frequency of cleaning/sweeping of the
                                                      emissions from the Alter Metal                          facilities with Griffin Pipe operating                haul roads to twice per day within
                                                      Recycling facility operations, only                     under the control strategy prescribed by              seven days after notification by Iowa
                                                      fugitive emissions from lead-                           ‘‘option A’’ under the Administrative                 that a monitored exceedance has
                                                      contaminated silt on haul routes, the                   Consent Order between the facility and                occurred. The owner operator shall also
                                                      appropriate RACT is to significantly                    Iowa, and the control strategy                        submit sweeping data to the state and
                                                      reduce fugitive emissions. The                          prescribed by ‘‘option B.’’ In both model             continue daily cleaning/sweeping until
                                                      attainment SIP proposes a 95 percent                    runs, the control strategy for Alter Metal            notified by the state that a different
                                                      reduction in fugitive lead emissions                    Recycling remains the same, it is the                 cleaning/sweeping frequency shall be
                                                      from sweeping all paved haul routes at                  control strategy and work practices                   used.
                                                      the facility.                                           prescribed in the construction permit                    (2) After November 30, 2014, the
                                                         Based on the RACM analysis and the                   dated September 2, 2014. The predicted                owner or operator shall implement good
                                                      combined reduction in lead emissions                    maximum three-month rolling average                   housekeeping practices on paved haul
                                                      to meet the 2008 Lead NAAQS, which                      lead concentration is 0.149 mg/m3 with                road surfaces within seven days after
                                                      demonstrates RFP, EPA proposes to                       Griffin Pipe operating under either                   notification by the state that a
                                                      approve Iowa’s SIP as meeting the                       ‘‘option A’’ or ‘‘option B.’’ Therefore,              monitored exceedance of the lead
                                                      requirements of sections 172(c)(1) and                  Iowa’s modeling demonstrates                          NAAQS occurred during months in
                                                      (c)(2) of the CAA.                                      attainment of the standard regardless of              which the inclement weather provision
                                                                                                              which control strategy Griffin Pipe                   as specified in the control strategy
                                                      F. Attainment Demonstration                                                                                   described in V.C(5)(a) above applied.
                                                                                                              chooses when it restarts operations.
                                                         CAA section 172 requires a state to                                                                        The good housekeeping practices shall
                                                      submit a plan for each of its                           G. New Source Review (NSR)                            include but are not limited to daily
                                                      nonattainment areas that demonstrates                     Within the CAA, Section 172(c)(5)                   removal of material piles that have
                                                      attainment of the applicable ambient air                refers to permits for construction and                accumulated on haul road surfaces and
                                                      quality standard as expeditiously as                    operation of new and modified major                   decreasing vehicle speeds on paved
                                                      practicable, but no later than the                      sources located within the                            road surfaces from fifteen miles per
                                                      specified attainment date. This                         nonattainment area. A special                         hour (mph) to five mph. The owner or
                                                      demonstration should consist of four                    permitting process applies to such                    operator shall continue good
                                                      parts: (1) Technical analyses that locate,              sources, referred to as a nonattainment               housekeeping practices on paved road
                                                      identify, and quantify sources of                       new source review program. Section 173                surfaces until paved road sweeping
                                                      emissions that are contributing to                      of the CAA mandates nonattainment                     resumes.
                                                      violations of the lead NAAQS; (2)                       new source review and an approved                        (3) If a monitored exceedance of the
                                                      analyses of future year emissions                       state SIP must meet the requirements of               lead NAAQS occurs after the provisions
                                                      reductions and air quality improvement                  40 CFR part 51.165. On May 15, 2014                   of the above contingency measures have
                                                      resulting from already-adopted national,                (79 FR 277763), EPA approved into                     been implemented for three full
                                                      state, and local programs and from                      Iowa’s SIP the nonattainment new                      calendar months the owner or operator
                                                      potential new state and local measures                  source review regulations which are                   will submit an emissions evaluation
                                                      to meet the RACT, RACM, and RFP                         found in 567—Iowa Administrative                      meeting the criteria and timeline
                                                      requirements in the area; (3) adopted                   Code (IAC) chapter 33. The modified                   specified by the state.
                                                      emissions reduction measures with                       administrative rules in chapter 33                       For Alter Metal Recycling, the
                                                      schedules for implementation and (4)                    became effective on January 15, 2014.                 following contingency measures
                                                      contingency measures required under                                                                           contained in section 14, item L of the
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                                                      section 172(c)(9) of the CAA.                           H. Contingency Measures                               facility’s construction permit apply:
                                                         The requirements for the first two                     As required by CAA section 172(c)(9),                  (1) After November 30, 2014, the
                                                      parts are described in the sections on                  the SIP submittal includes contingency                facility shall increase the frequency of
                                                      emissions inventories, RACT/RACM                        measures to be implemented if EPA                     cleaning/sweeping of the haul roads to
                                                      and air quality above and in the                        determines that the area has failed to                daily within seven days after
                                                      discussion of the attainment                            make RFP or if the area fails to attain the           notification by the state that a
                                                      demonstration that follows immediately                  NAAQS by December 2016. If the air                    monitored exceedance of the lead
                                                      below. Requirements for the third and                   quality data for any three-month rolling              NAAQS occurred. The facility shall
                                                      fourth parts are described in the                       period after the implementation of the                submit data to the state and continue


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                                                      59702                    Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules

                                                      daily cleaning/seeping until notified by                part 52 set forth below. EPA has made,                methods, under Executive Order 12898
                                                      the state that a different cleaning/                    and will continue to make, these                      (59 FR 7629, February 16, 1994).
                                                      sweeping frequency shall be used.                       documents generally available                            The SIP is not approved to apply on
                                                        (2) If a monitored exceedance of the                  electronically through                                any Indian reservation land or in any
                                                      lead NAAQS occurs after the provisions                  www.regulations.gov and/or in hard                    other area where EPA or an Indian tribe
                                                      of the above contingency measure have                   copy at the appropriate EPA office (see               has demonstrated that a tribe has
                                                      been implemented for three full                         the ADDRESSES section of this preamble                jurisdiction. In those areas of Indian
                                                      calendar months,                                        for more information).                                country, the rule does not have tribal
                                                        Alter Metal Recycling shall submit an                                                                       implications and will not impose
                                                      emissions evaluation meeting the                        VIII. Statutory and Executive Order                   substantial direct costs on tribal
                                                      criteria and timeline specified by the                  Reviews                                               governments or preempt tribal law as
                                                      state.                                                     Under the Clean Air Act (CAA), the                 specified by Executive Order 13175 (65
                                                        These measures will help ensure                       Administrator is required to approve a                FR 67249, November 9, 2000).
                                                      compliance with the 2008 lead NAAQS                     SIP submission that complies with the                    The Congressional Review Act, 5
                                                      as well as meet the requirements of                     provisions of the Act and applicable                  U.S.C. 801 et seq., as added by the Small
                                                      section 172(c)(9) of the CAA.                           Federal regulations. 42 U.S.C. 7410(k);               Business Regulatory Enforcement
                                                        EPA proposes to approve Iowa’s SIP                    40 CFR 52.02(a). Thus, in reviewing SIP               Fairness Act of 1996, generally provides
                                                      as meeting the requirements of section                  submissions, EPA’s role is to approve                 that before a rule may take effect, the
                                                      172(c)(9) of the CAA.                                   state choices, provided that they meet                agency promulgating the rule must
                                                                                                              the criteria of the CAA. Accordingly,                 submit a rule report, which includes a
                                                      I. Enforceability                                                                                             copy of the rule, to each House of the
                                                                                                              this action merely approves state law as
                                                         As specified in section 172(c)(6) and                meeting Federal requirements and does                 Congress and to the Comptroller General
                                                      section 110(a)(2)(A) of the CAA, and 57                 not impose additional requirements                    of the United States. EPA will submit a
                                                      FR 13556, all measures and other                        beyond those imposed by state law. For                report containing this proposed action
                                                      elements in the SIP must be enforceable                 that reason, this action:                             and other required information to the
                                                      by the state and EPA. The enforceable                      • Is not a significant regulatory action           U.S. Senate, the U.S. House of
                                                      documents included in Iowa’s SIP                        subject to review by the Office of                    Representatives, and the Comptroller
                                                      submittal are the Administrative                        Management and Budget under                           General of the United States prior to
                                                      Consent Order between Iowa and Griffin                  Executive Orders 12866 (58 FR 51735,                  publication of the rule in the Federal
                                                      Pipe dated January 29, 2015, and the                    October 4, 1993) and 13563 (76 FR 3821,               Register. A major rule cannot take effect
                                                      construction permit for Alter Metal                     January 21, 2011);                                    until 60 days after it is published in the
                                                      Recycling dated September 2, 2014.                         • Does not impose an information                   Federal Register. This proposed action
                                                      These documents contain all control                                                                           is not a ‘‘major rule’’ as defined by 5
                                                                                                              collection burden under the provisions
                                                      and contingency measures with                                                                                 U.S.C. 804(2).
                                                                                                              of the Paperwork Reduction Act (44
                                                      enforceable dates for implementation.                                                                            The Congressional Review Act, 5
                                                                                                              U.S.C. 3501 et seq.);                                 U.S.C. 801 et seq., as added by the Small
                                                      Upon EPA approval of the SIP                               • Is certified as not having a
                                                      submission, the Administrative Consent                                                                        Business Regulatory Enforcement
                                                                                                              significant economic impact on a                      Fairness Act of 1996, generally provides
                                                      Order for Griffin Pipe and the                          substantial number of small entities
                                                      construction permit for Alter Metal                                                                           that before a rule may take effect, the
                                                                                                              under the Regulatory Flexibility Act (5               agency promulgating the rule must
                                                      Recycling will become Federally                         U.S.C. 601 et seq.);
                                                      enforceable, and enforceable by citizens                                                                      submit a rule report, which includes a
                                                                                                                 • Does not contain any unfunded                    copy of the rule, to each House of the
                                                      under section 304 of the CAA.
                                                                                                              mandate or significantly or uniquely                  Congress and to the Comptroller General
                                                         EPA proposes to approve Iowa’s SIP
                                                                                                              affect small governments, as described                of the United States. Section 804,
                                                      as meeting the requirements of sections
                                                                                                              in the Unfunded Mandates Reform Act                   however, exempts from section 801 the
                                                      172(c)(6) and 110(a)(2)(A) of the CAA,
                                                                                                              of 1995 (Pub. L. 104–4);                              following types of rules: rules of
                                                      and 57 FR 13556.
                                                                                                                 • Does not have Federalism                         particular applicability; rules relating to
                                                      VI. Proposed Action                                     implications as specified in Executive                agency management or personnel; and
                                                        EPA is proposing to grant full                        Order 13132 (64 FR 43255, August 10,                  rules of agency organization, procedure,
                                                      approval of Iowa’s attainment                           1999);                                                or practice that do not substantially
                                                      demonstration SIP for the Pottawattamie                    • Is not an economically significant               affect the rights or obligations of non-
                                                      County 2008 lead NAAQS                                  regulatory action based on health or                  agency parties. 5 U.S.C. 804(3). Because
                                                      nonattainment area. EPA believes that                   safety risks subject to Executive Order               this is a rule of particular applicability,
                                                      the SIP submitted by the state satisfies                13045 (62 FR 19885, April 23, 1997);                  EPA is not required to submit a rule
                                                      the applicable requirements of the CAA                     • Is not a significant regulatory action           report regarding this action under
                                                      identified in EPA’s Final Rule (73 FR                   subject to Executive Order 13211 (66 FR               section 801.
                                                      66964, October 15, 2008), and will                      28355, May 22, 2001);                                    Under section 307(b)(1) of the CAA,
                                                      result in attainment of the 0.15 ug/m3                     • Is not subject to requirements of                petitions for judicial review of this
                                                      standard in the Pottawattamie County,                   Section 12(d) of the National                         action must be filed in the United States
                                                      Iowa, area.                                             Technology Transfer and Advancement                   Court of Appeals for the appropriate
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                                                                                                              Act of 1995 (15 U.S.C. 272 note) because              circuit by December 1, 2015. Filing a
                                                      VII. Incorporation by Reference                         application of those requirements would               petition for reconsideration by the
                                                        In this rule, EPA is proposing to                     be inconsistent with the Clean Air Act;               Administrator of this proposed rule
                                                      include in a final EPA rule regulatory                  and                                                   does not affect the finality of this
                                                      text that includes incorporation by                        • Does not provide EPA with the                    rulemaking for the purposes of judicial
                                                      reference. In accordance with                           discretionary authority to address, as                review nor does it extend the time
                                                      requirements of 1 CFR 51.5, EPA is                      appropriate, disproportionate human                   within which a petition for judicial
                                                      proposing to incorporate by reference                   health or environmental effects, using                review may be filed, and shall not
                                                      the proposed amendments to 40 CFR                       practicable and legally permissible                   postpone the effectiveness of such


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                                                                               Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules                                                       59703

                                                      future rule or action. This proposed                     Dated: September 21, 2015.                                  Authority: 42 U.S.C. 7401 et. seq.
                                                      action may not be challenged later in                   Mark Hague,
                                                      proceedings to enforce its requirements.                                                                         Subpart Q—Iowa
                                                                                                              Acting Regional Administrator, Region 7.
                                                      (See section 307(b)(2).)                                                                                         ■ 2. In § 52.820:
                                                      List of Subjects in 40 CFR Part 52                        For the reasons stated in the                          ■ a. Amend the table in paragraph (d) by
                                                                                                              preamble, EPA proposes to amend 40                       adding entries (110) and (111), in
                                                        Environmental protection, Air                         CFR part 52 as set forth below:                          numerical order; and
                                                      pollution control, Carbon monoxide,                                                                              ■ b. Amend the table in paragraph (e) by
                                                      Incorporation by reference,                             PART 52—APPROVAL AND                                     adding entry (43), in numerical order.
                                                      Intergovernmental relations, Lead,                      PROMULGATION OF                                            The additions read as follows:
                                                      Nitrogen dioxide, Ozone, Particulate                    IMPLEMENTATION PLANS
                                                      matter, Reporting and recordkeeping                                                                              § 52.820    Identification of plan.
                                                      requirements, Sulfur oxides, Volatile                   ■ 1. The authority citation for part 52                  *       *    *         *    *
                                                      organic compounds.                                      continues to read as follows:                                (d) * * *

                                                                                                 EPA-APPROVED IOWA SOURCE-SPECIFIC ORDERS/PERMITS
                                                                                                                                 State effective
                                                              Name of source                        Order/permit No.                                         EPA approval date                      Explanation
                                                                                                                                      date


                                                                *                    *                   *                                 *                       *                     *                      *
                                                      (110) Griffin Pipe Products      Administrative Consent Order                         1/29/15     10/2/15 [Insert Federal Reg-
                                                        Co., LLC.                        No. 2015–AQ–02.                                                  ister citation].
                                                      (111) Alter Metal Recycling .... Permit No. 14–A–521 ............                     9/2/14      10/2/15 [Insert Federal Reg-
                                                                                                                                                          ister citation].



                                                         (e) * * *

                                                                                                     EPA-APPROVED IOWA NONREGULATORY PROVISIONS
                                                        Name of nonregulatory SIP           Applicable geographic or non-        State submittal             EPA approval date                      Explanation
                                                                provision                          attainment area                    date


                                                               *                     *                   *                                 *                       *                     *                 *
                                                      (43) Lead attainment SIP ....... Portions of Pottawattamie                            1/30/15     10/2/15 [Insert Federal Reg-         EPA–R07–OAR–2015–0582;
                                                                                         County.                                                          ister citation].                    FRL–9935–00–Region 7.



                                                      [FR Doc. 2015–24995 Filed 10–1–15; 8:45 am]             SUMMARY:   The Environmental Protection                  because the Agency views this as a
                                                      BILLING CODE 6560–50–P                                  Agency (EPA) proposes to approve the                     noncontroversial submittal and
                                                                                                              State Implementation Plan (SIP)                          anticipates no adverse comments. The
                                                                                                              revision submitted by the                                publication of this document starts a 30-
                                                      ENVIRONMENTAL PROTECTION                                Commonwealth of Pennsylvania for the                     day public comment period on the
                                                      AGENCY                                                  purpose of meeting the statutory                         adequacy of the submitted motor
                                                                                                              emissions inventory requirements for                     vehicle emission inventories. This
                                                      40 CFR Part 52                                          the Liberty-Clairton nonattainment area                  comment period is concurrent with the
                                                                                                              (hereafter ‘‘the Liberty-Clairton Area’’ or              comment period on this direct final
                                                      [EPA–R03–OAR–2015–0470; FRL–9934–90–                    ‘‘the Area’’) with respect the 2006 24-                  rulemaking action. Any comments on
                                                      Region 4]                                               hour fine particulate matter (PM2.5)                     the motor vehicle emission inventories
                                                                                                              National Ambient Air Quality Standard                    should be submitted to the docket for
                                                      Approval and Promulgation of Air                        (NAAQS or standard). The SIP revision                    this rulemaking. A detailed rationale for
                                                      Quality Implementation Plans;                           consists of the 2007 base year emissions                 the approval is set forth in the direct
                                                      Pennsylvania; Approval of the Base                      inventory for the Liberty-Clairton Area                  final rule. Additionally, a more detailed
                                                      Year Emissions Inventory for the                        for the 2006 24-hour PM2.5 NAAQS.                        description of the state submittal and
                                                      Liberty-Clairton Nonattainment Area                     EPA is also proposing to approve a SIP                   EPA’s evaluation is included in the
                                                      for the 2006 24-Hour Fine Particulate                   revision consisting of Pennsylvania’s                    Technical Support Documents (TSDs)
                                                      Matter Standard and Approval of                         determinations for both the 1997 annual                  prepared in support of this rulemaking
                                                      Transportation Conformity                               and 2006 24-hour PM2.5 standards that                    action. A copy of the TSDs are available,
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                                                      Insignificance Findings for the 1997                    onroad emissions of PM2.5 and nitrogen                   upon request, from the EPA Regional
                                                      Annual and 2006 24-Hour Fine                            oxides (NOX) are insignificant                           Office listed in the ADDRESSES section of
                                                      Particulate Matter Standards for the                    contributors to PM2.5 concentrations in                  this document or is also available
                                                      Liberty-Clairton Nonattainment Area                     the Liberty-Clairton Area for                            electronically within the Docket for this
                                                                                                              transportation conformity purposes. In                   rulemaking action. If no adverse
                                                      AGENCY: Environmental Protection                        the Final Rules section of this Federal                  comments are received in response to
                                                      Agency (EPA).                                           Register, EPA is approving                               this action, no further activity is
                                                      ACTION:   Proposed rule.                                Pennsylvania’s SIP submittal as a direct                 contemplated. If EPA receives adverse
                                                                                                              final rule without prior proposal                        comments, the direct final rule will be


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Document Created: 2015-12-15 08:44:27
Document Modified: 2015-12-15 08:44:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before November 2, 2015.
ContactStephanie Doolan, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7719, or by email at [email protected]
FR Citation80 FR 59695 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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