83_FR_1611 83 FR 1602 - Approval and Promulgation of Air Quality Implementation Plans; State of Montana; Revisions to East Helena Lead SIP

83 FR 1602 - Approval and Promulgation of Air Quality Implementation Plans; State of Montana; Revisions to East Helena Lead SIP

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 9 (January 12, 2018)

Page Range1602-1604
FR Document2018-00114

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the state of Montana on September 11, 2013. The submittal revises the portions of the Administrative Rules of Montana (ARM) that pertain to the East Helena Lead SIP. This action is being taken under section 110 of the Clean Air Act (CAA) (Act).

Federal Register, Volume 83 Issue 9 (Friday, January 12, 2018)
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Proposed Rules]
[Pages 1602-1604]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00114]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2017-0634; FRL-9972-14--Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Montana; Revisions to East Helena Lead SIP

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
state of Montana on September 11, 2013. The submittal revises the 
portions of the Administrative Rules of Montana (ARM) that pertain to 
the East Helena Lead SIP. This action is being taken under section 110 
of the Clean Air Act (CAA) (Act).

DATES: Written comments must be received on or before February 12, 
2018.

ADDRESSES: Submit your comments, identified by EPA-R08-OAR-2017-0634 at 
http://www.regulations.gov. Follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from www.regulations.gov. The 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. The 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.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

What should I consider as I prepare my comments for the EPA?

    a. Submitting Confidential Business Information (CBI). Do not 
submit CBI to the EPA through http://www.regulations.gov or email. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI information in a disk or CD-ROM that you mail to the EPA, 
mark the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    b. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

    The proposed SIP revisions stem from a June 10, 2013, Montana Board 
of Environmental Review Order (Board Order) removing a stipulated 
condition in an August 4, 1995 Board Order. The condition limited the 
allowable concentration of lead in raw feed material at the American 
Chemet Corporation's East Helena facility. Specifically, American 
Chemet requested a change to the 1995 Board Order which would eliminate 
Exhibit A, Section C, Subsection B. This subsection reads:
    ``Feed Material into the plant shall have a quarterly average lead 
content of less than 0.15%, and an average annual lead content of less 
than 0.10%.''
    All other East Helena Lead SIP provisions, including direct 
numerical limits on lead emissions from American Chemet Corporation's 
East Helena facility, would remain unchanged.
    The East Helena Lead SIP includes a ``lead in feed'' limitation for 
the American Chemet facility, which was created as part of the Montana

[[Page 1603]]

Department of Environmental Quality's (DEQ) efforts to respond to the 
EPA's designation of East Helena as a nonattainment area for the 1978 
National Ambient Air Quality Standard (NAAQS) for airborne lead. The 
American Chemet East Helena facility produces cuprous oxides, cupric 
oxides, and fine particle size copper powders. In the 1990's, through 
informal discussions between DEQ and American Chemet, the parties 
arrived at restrictions on lead emissions for the East Helena area to 
meet and maintain compliance with the 1978 lead NAAQS. The principal 
target for curtailing lead emissions was the American Smelting and 
Refining Company (ASARCO) facility, which was a lead smelter located 
adjacent to American Chemet's East Helena facility. In addition to 
shutting down its operations in 2001, ASARCO demolished its stacks in 
2009. After the ASARCO facility shut down in 2001, ambient air 
monitoring during the following six months showed that East Helena was 
in compliance with the 1978 lead NAAQS of 1.5 micrograms per cubic 
meter (ug/m \3\).
    The EPA subsequently promulgated a new, more stringent, lead NAAQS 
standard (0.15 ug/m\3\); the final rulemaking was published on November 
12, 2008 (73 FR 66964). In our final 2011 rulemaking (76 FR 72097) to 
designate areas of the country as attainming or nonattaining for the 
2008 lead NAAQS, the EPA noted that the most recent three years of 
available monitoring data from the East Helena nonattainment area 
showed no violations of the 2008 standard (See Montana's September 11, 
2013 submittal), although the monitors were shut down in December 2001 
(roughly six months after the shut down of the large stationary source 
of lead emissions, ASARCO). Effective December 31, 2011, the entire 
state of Montana, including the East Helena area, was designated as 
``Unclassifiable/Attainment'' for the 2008 Lead NAAQS. In the 
rulemaking for the 2011 designation, the EPA reiterated that the 1978 
standard would remain in effect for the East Helena area until an 
implementation plan for the 2008 lead NAAQS was approved by the EPA (76 
FR 72099). Accordingly, and as required in 40 CFR 50.12, Montana's 
nonattainment status for the the 1978 lead NAAQS will apply for East 
Helena until the state submits, and the EPA approves, an implementation 
plan providing for attainment and/or maintenance of the 2008 Lead 
NAAQS. The EPA amended 40 CFR 50.12 to reflect the possibility that the 
nonattainment status for the old standard could be revoked upon the 
EPA's approval of a maintenance plan for the new standard (73 FR 
67043). The EPA encourages Montana to submit such an implementation 
plan for East Helena in the near future.
    On December 18, 2009, in response to the DEQ's request for the 
EPA's guidance concerning modifying the 1995 Board order to eliminate 
Exhibit A, Section C, Subsection B, the EPA sent a letter dated 
December 18, 2009 (See docket) to the DEQ that stated:

``. . . our preliminary view is that we could allow a revision to 
the Montana State Implementation Plan (SIP) that would eliminate 
Exhibit A, Section C, Subsection B from the 1995 Board Order if the 
conditions listed below are met.
    1. DEQ must perform modeling sufficient to demonstrate 
noninterference with the attainment and maintenance of the lead 
NAAQS (a demonstration for the new standard will suffice for the old 
standand). AERMOD is appropriate to use for the modeling. If DEQ 
meets condition 2 below, DEQ may assume in modeling that ASARCO's 
stack emissions are zero but will need to input appropriate values 
for any remaining lead emissions from ASARCO, such as fugitive 
emissions.
    2. The State must finalize the revocation of ASARCO's permit and 
provide us with evidence of, and ASARCO's consent to, the 
revocation. In the alternative, the SIP revision must state that 
ASARCO has shut down permanently and that ASARCO would need to go 
through New Source Review permitting in order to resume 
operations.''

    American Chemet submitted to DEQ a modeling analysis on December 4, 
2012 (see docket). The EPA has reviewed the supplied modeling analysis 
and agrees that the methodology is in accordance with 40 CFR part 51, 
Appendix W and the EPA's ``Guideline on Air Quality Models.'' The 
AERMOD analysis used the emission limits in the SIP, located in 
Condition II.A.4.b of the 1995 Board Order, of 0.007 lb/hr and the 
results of the modeling analysis are valid. The AERMOD modeling 
analysis shows a concentration of 0.14 ug/m\3\ (which includes 
background concentrations); and therefore, East Helena is below the 
lead NAAQS threshold for the 2008 lead NAAQS standard (0.15 ug/m\3\). 
In particular, the modeling shows that operating the facility at the 
remaining SIP limits does not violate the 2008 lead NAAQS, even 
including background ambient lead concentrations. The submitted 
modeling analysis used background concentrations of lead based off of 
lead monitoring results that were performed during the three quarters 
immediately after the ASARCO facility ceased operations in April of 
2001.
    On December 9, 2009, ASARCO's representative sent a letter to DEQ 
requesting the revocation of Montana Air Quality Permit (MAQP) #2557. 
On September 3, 2013, the DEQ sent a letter to the EPA stating that, in 
a letter dated December 16, 2009, the DEQ notified ASARCO of its intent 
to revoke MAQP #2557. In accordance with the Administrative Rules of 
Montana (ARM) 17.8.763, the revocation of MAQP #2557 was final within 
15 days of ASARCO's receipt of the letter unless ASARCO requested a 
hearing before the Board of Environmental Review. ASARCO did not 
request a hearing; therefore, the revocation of MAQP #2557 became final 
following the 15-day appeal period. The previously mentioned letters 
are all available in the docket for this proposed rulemaking. In 
addition, ASARCO's Title V permit expired on April 5, 2007, and DEQ did 
not receive a renewal application. Any new industrial operations on the 
former ASARCO site would be required to go through major New Source 
Review permitting before construction.

III. Proposed Action

    The EPA is proposing to approve the state of Montana's revisions, 
as submitted on September 11, 2013, to remove Exhibit A, Section C, 
Subsection B from the August 4, 1995 Board Order. This Board order is 
found in the Montana SIP under ``EPA-approved Source-Specific 
Requirements.'' The final rulemaking approving the 1995 Board Order for 
adoption into the SIP can be found at 66 FR 32760.
    This revision is in compliance with CAA section 110(l) because it 
does not change American Chemet's SIP emission limits and modeling has 
shown that it will not interfere with the 2008 Lead NAAQS. No other 
criteria pollutant emissions would be impacted by this proposed action. 
In addition, CAA section 193 does not apply to this revision because 
the American Chemet limits were approved into the SIP after November 
15, 1990. Furthermore, any new industrial construction on the former 
ASARCO site would be required to go through major New Source Review 
construction permitting before construction.

IV. Incorporation by Reference

    In this action, the 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, the EPA is proposing the incorporation 
by reference of a change to the State of Montana's SIP regarding a 1995 
Board Order; this action would eliminate

[[Page 1604]]

Exhibit A, Section C, Subsection B. This Board order is found in the 
Montana SIP under ``EPA-approved Source-Specific Requirements.'' The 
EPA has made, and will continue to make, these materials generally 
available through www.regulations.gov and at the EPA Region 8 Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely proposes to approve state law as 
meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     is not expected to be an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
     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 CAA; and
     does not provide the 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 the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
proposed 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).

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.

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

    Dated: January 2, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
[FR Doc. 2018-00114 Filed 1-11-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                  1602                      Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules

                                                  including a Coast Guard commissioned,                   SUMMARY:   The Environmental Protection                includes information claimed as CBI, a
                                                  warrant, or petty officer designated by                 Agency (EPA) is proposing to approve                   copy of the comment that does not
                                                  the Captain of the Port North Carolina                  State Implementation Plan (SIP)                        contain the information claimed as CBI
                                                  (COTP) for the enforcement of the safety                revisions submitted by the state of                    must be submitted for inclusion in the
                                                  zone.                                                   Montana on September 11, 2013. The                     public docket. Information so marked
                                                    Captain of the Port means the                         submittal revises the portions of the                  will not be disclosed except in
                                                  Commander, Sector North Carolina.                       Administrative Rules of Montana (ARM)                  accordance with procedures set forth in
                                                    Participants means persons and                        that pertain to the East Helena Lead SIP.              40 CFR part 2.
                                                  vessels involved in support of the gantry               This action is being taken under section                  b. Tips for Preparing Your Comments.
                                                  crane transport.                                        110 of the Clean Air Act (CAA) (Act).                  When submitting comments, remember
                                                    (c) Regulations. (1) The general                      DATES: Written comments must be                        to:
                                                  regulations governing safety zones in                   received on or before February 12, 2018.                  i. Identify the rulemaking by docket
                                                  § 165.23 apply to the area described in                                                                        number and other identifying
                                                  paragraph (a) of this section.                          ADDRESSES: Submit your comments,
                                                                                                                                                                 information (subject heading, Federal
                                                     (2) With the exception of participants,              identified by EPA–R08–OAR–2017–
                                                                                                                                                                 Register date and page number).
                                                  entry into or remaining in this safety                  0634 at http://www.regulations.gov.                       ii. Follow directions—The agency
                                                  zone is prohibited unless authorized by                 Follow the online instructions for                     may ask you to respond to specific
                                                  the COTP North Carolina or the COTP                     submitting comments. Once submitted,                   questions or organize comments by
                                                  North Carolina’s designated                             comments cannot be edited or removed                   referencing a Code of Federal
                                                  representative. All vessels under 40 feet               from www.regulations.gov. The EPA                      Regulations (CFR) part or section
                                                  in height within this safety zone when                  may publish any comment received to                    number.
                                                  this section becomes effective may                      its public docket. Do not submit                          iii. Explain why you agree or disagree;
                                                  request permission to remain in the                     electronically any information you                     suggest alternatives and substitute
                                                  zone. All other vessels must depart the                 consider to be Confidential Business                   language for your requested changes.
                                                  zone immediately.                                       Information (CBI) or other information                    iv. Describe any assumptions and
                                                     (3) To request permission to remain                  whose disclosure is restricted by statute.             provide any technical information and/
                                                  in, enter, or transit through the safety                Multimedia submissions (audio, video,                  or data that you used.
                                                  zone, contact the COTP North Carolina                   etc.) must be accompanied by a written                    v. If you estimate potential costs or
                                                  or the COTP North Carolina’s                            comment. The written comment is                        burdens, explain how you arrived at
                                                  representative through the Coast Guard                  considered the official comment and                    your estimate in sufficient detail to
                                                  Sector North Carolina Command Duty                      should include discussion of all points                allow for it to be reproduced.
                                                  Officer, Wilmington, North Carolina, at                 you wish to make. The EPA will                            vi. Provide specific examples to
                                                  telephone number 910–343–3882, or on                    generally not consider comments or                     illustrate your concerns, and suggest
                                                  VHF–FM marine band radio channel 13                     comment contents located outside of the                alternatives.
                                                  (165.65 MHz) or channel 16 (156.8                       primary submission (i.e., on the web,                     vii. Explain your views as clearly as
                                                  MHz).                                                   cloud, or other file sharing system). For              possible, avoiding the use of profanity
                                                     (d) Enforcement. The U.S. Coast                      additional submission methods, the full                or personal threats.
                                                  Guard may be assisted in the patrol and                 EPA public comment policy,                                viii. Make sure to submit your
                                                  enforcement of the safety zone by                       information about CBI or multimedia                    comments by the comment period
                                                  Federal, State, and local agencies.                     submissions, and general guidance on                   deadline identified.
                                                     (e) Enforcement period. This                         making effective comments, please visit
                                                  regulation will be enforced during                      http://www2.epa.gov/dockets/                           II. Background
                                                  vessel transit on April 1, 2018 or                      commenting-epa-dockets.                                   The proposed SIP revisions stem from
                                                  alternatively, March 29th, 30th, 31st,                  FOR FURTHER INFORMATION CONTACT:                       a June 10, 2013, Montana Board of
                                                  April 2nd, 3rd, or 4th, 2018.                           Kevin Leone, Air Program, U.S.                         Environmental Review Order (Board
                                                    Dated: December 19, 2017.                             Environmental Protection Agency                        Order) removing a stipulated condition
                                                                                                          (EPA), Region 8, Mailcode 8P–AR, 1595                  in an August 4, 1995 Board Order. The
                                                  Bion B. Stewart,
                                                                                                          Wynkoop Street, Denver, Colorado                       condition limited the allowable
                                                  Captain, U.S. Coast Guard Captain of the
                                                                                                          80202–1129, (303) 312–6227,                            concentration of lead in raw feed
                                                  Port North Carolina.
                                                                                                          leone.kevin@epa.gov.                                   material at the American Chemet
                                                  [FR Doc. 2018–00421 Filed 1–11–18; 8:45 am]
                                                                                                                                                                 Corporation’s East Helena facility.
                                                  BILLING CODE 9110–04–P                                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                                 Specifically, American Chemet
                                                                                                          I. General Information                                 requested a change to the 1995 Board
                                                                                                                                                                 Order which would eliminate Exhibit A,
                                                  ENVIRONMENTAL PROTECTION                                What should I consider as I prepare my
                                                                                                                                                                 Section C, Subsection B. This
                                                  AGENCY                                                  comments for the EPA?
                                                                                                                                                                 subsection reads:
                                                                                                             a. Submitting Confidential Business                    ‘‘Feed Material into the plant shall
                                                  40 CFR Part 52                                          Information (CBI). Do not submit CBI to                have a quarterly average lead content of
                                                  [EPA–R08–OAR–2017–0634; FRL–9972–                       the EPA through http://                                less than 0.15%, and an average annual
                                                  14—Region 8]                                            www.regulations.gov or email. Clearly                  lead content of less than 0.10%.’’
                                                                                                          mark the part or all of the information                   All other East Helena Lead SIP
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Approval and Promulgation of Air                        that you claim to be CBI. For CBI                      provisions, including direct numerical
                                                  Quality Implementation Plans; State of                  information in a disk or CD–ROM that                   limits on lead emissions from American
                                                  Montana; Revisions to East Helena                       you mail to the EPA, mark the outside                  Chemet Corporation’s East Helena
                                                  Lead SIP                                                of the disk or CD–ROM as CBI and then                  facility, would remain unchanged.
                                                  AGENCY:  Environmental Protection                       identify electronically within the disk or                The East Helena Lead SIP includes a
                                                  Agency (EPA).                                           CD–ROM the specific information that                   ‘‘lead in feed’’ limitation for the
                                                                                                          is claimed as CBI. In addition to one                  American Chemet facility, which was
                                                  ACTION: Proposed rule.
                                                                                                          complete version of the comment that                   created as part of the Montana


                                             VerDate Sep<11>2014   16:32 Jan 11, 2018   Jkt 244001   PO 00000   Frm 00024   Fmt 4702   Sfmt 4702   E:\FR\FM\12JAP1.SGM   12JAP1


                                                                            Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules                                            1603

                                                  Department of Environmental Quality’s                   nonattainment status for the old                         On December 9, 2009, ASARCO’s
                                                  (DEQ) efforts to respond to the EPA’s                   standard could be revoked upon the                     representative sent a letter to DEQ
                                                  designation of East Helena as a                         EPA’s approval of a maintenance plan                   requesting the revocation of Montana
                                                  nonattainment area for the 1978                         for the new standard (73 FR 67043). The                Air Quality Permit (MAQP) #2557. On
                                                  National Ambient Air Quality Standard                   EPA encourages Montana to submit                       September 3, 2013, the DEQ sent a letter
                                                  (NAAQS) for airborne lead. The                          such an implementation plan for East                   to the EPA stating that, in a letter dated
                                                  American Chemet East Helena facility                    Helena in the near future.                             December 16, 2009, the DEQ notified
                                                  produces cuprous oxides, cupric oxides,                    On December 18, 2009, in response to                ASARCO of its intent to revoke MAQP
                                                  and fine particle size copper powders.                  the DEQ’s request for the EPA’s                        #2557. In accordance with the
                                                  In the 1990’s, through informal                         guidance concerning modifying the                      Administrative Rules of Montana (ARM)
                                                  discussions between DEQ and American                    1995 Board order to eliminate Exhibit A,               17.8.763, the revocation of MAQP #2557
                                                  Chemet, the parties arrived at                          Section C, Subsection B, the EPA sent                  was final within 15 days of ASARCO’s
                                                  restrictions on lead emissions for the                  a letter dated December 18, 2009 (See                  receipt of the letter unless ASARCO
                                                  East Helena area to meet and maintain                   docket) to the DEQ that stated:                        requested a hearing before the Board of
                                                  compliance with the 1978 lead NAAQS.                    ‘‘. . . our preliminary view is that we could
                                                                                                                                                                 Environmental Review. ASARCO did
                                                  The principal target for curtailing lead                allow a revision to the Montana State                  not request a hearing; therefore, the
                                                  emissions was the American Smelting                     Implementation Plan (SIP) that would                   revocation of MAQP #2557 became final
                                                  and Refining Company (ASARCO)                           eliminate Exhibit A, Section C, Subsection B           following the 15-day appeal period. The
                                                  facility, which was a lead smelter                      from the 1995 Board Order if the conditions            previously mentioned letters are all
                                                  located adjacent to American Chemet’s                   listed below are met.                                  available in the docket for this proposed
                                                  East Helena facility. In addition to                       1. DEQ must perform modeling sufficient             rulemaking. In addition, ASARCO’s
                                                  shutting down its operations in 2001,                   to demonstrate noninterference with the                Title V permit expired on April 5, 2007,
                                                                                                          attainment and maintenance of the lead                 and DEQ did not receive a renewal
                                                  ASARCO demolished its stacks in 2009.                   NAAQS (a demonstration for the new
                                                  After the ASARCO facility shut down in                                                                         application. Any new industrial
                                                                                                          standard will suffice for the old standand).
                                                  2001, ambient air monitoring during the                 AERMOD is appropriate to use for the
                                                                                                                                                                 operations on the former ASARCO site
                                                  following six months showed that East                   modeling. If DEQ meets condition 2 below,              would be required to go through major
                                                  Helena was in compliance with the                       DEQ may assume in modeling that                        New Source Review permitting before
                                                  1978 lead NAAQS of 1.5 micrograms                       ASARCO’s stack emissions are zero but will             construction.
                                                  per cubic meter (ug/m 3).                               need to input appropriate values for any
                                                                                                                                                                 III. Proposed Action
                                                                                                          remaining lead emissions from ASARCO,
                                                     The EPA subsequently promulgated a                   such as fugitive emissions.                               The EPA is proposing to approve the
                                                  new, more stringent, lead NAAQS                            2. The State must finalize the revocation of        state of Montana’s revisions, as
                                                  standard (0.15 ug/m3); the final                        ASARCO’s permit and provide us with                    submitted on September 11, 2013, to
                                                  rulemaking was published on November                    evidence of, and ASARCO’s consent to, the              remove Exhibit A, Section C, Subsection
                                                  12, 2008 (73 FR 66964). In our final                    revocation. In the alternative, the SIP                B from the August 4, 1995 Board Order.
                                                  2011 rulemaking (76 FR 72097) to                        revision must state that ASARCO has shut               This Board order is found in the
                                                  designate areas of the country as                       down permanently and that ASARCO would
                                                                                                          need to go through New Source Review
                                                                                                                                                                 Montana SIP under ‘‘EPA-approved
                                                  attainming or nonattaining for the 2008                                                                        Source-Specific Requirements.’’ The
                                                  lead NAAQS, the EPA noted that the                      permitting in order to resume operations.’’
                                                                                                                                                                 final rulemaking approving the 1995
                                                  most recent three years of available                      American Chemet submitted to DEQ a                   Board Order for adoption into the SIP
                                                  monitoring data from the East Helena                    modeling analysis on December 4, 2012                  can be found at 66 FR 32760.
                                                  nonattainment area showed no                            (see docket). The EPA has reviewed the                    This revision is in compliance with
                                                  violations of the 2008 standard (See                    supplied modeling analysis and agrees                  CAA section 110(l) because it does not
                                                  Montana’s September 11, 2013                            that the methodology is in accordance                  change American Chemet’s SIP
                                                  submittal), although the monitors were                  with 40 CFR part 51, Appendix W and                    emission limits and modeling has
                                                  shut down in December 2001 (roughly                     the EPA’s ‘‘Guideline on Air Quality                   shown that it will not interfere with the
                                                  six months after the shut down of the                   Models.’’ The AERMOD analysis used                     2008 Lead NAAQS. No other criteria
                                                  large stationary source of lead                         the emission limits in the SIP, located                pollutant emissions would be impacted
                                                  emissions, ASARCO). Effective                           in Condition II.A.4.b of the 1995 Board                by this proposed action. In addition,
                                                  December 31, 2011, the entire state of                  Order, of 0.007 lb/hr and the results of               CAA section 193 does not apply to this
                                                  Montana, including the East Helena                      the modeling analysis are valid. The                   revision because the American Chemet
                                                  area, was designated as ‘‘Unclassifiable/               AERMOD modeling analysis shows a                       limits were approved into the SIP after
                                                  Attainment’’ for the 2008 Lead NAAQS.                   concentration of 0.14 ug/m3 (which                     November 15, 1990. Furthermore, any
                                                  In the rulemaking for the 2011                          includes background concentrations);                   new industrial construction on the
                                                  designation, the EPA reiterated that the                and therefore, East Helena is below the                former ASARCO site would be required
                                                  1978 standard would remain in effect                    lead NAAQS threshold for the 2008 lead                 to go through major New Source Review
                                                  for the East Helena area until an                       NAAQS standard (0.15 ug/m3). In                        construction permitting before
                                                  implementation plan for the 2008 lead                   particular, the modeling shows that                    construction.
                                                  NAAQS was approved by the EPA (76                       operating the facility at the remaining
                                                  FR 72099). Accordingly, and as required                 SIP limits does not violate the 2008 lead              IV. Incorporation by Reference
                                                  in 40 CFR 50.12, Montana’s                              NAAQS, even including background                         In this action, the EPA is proposing to
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  nonattainment status for the the 1978                   ambient lead concentrations. The                       include in a final EPA rule regulatory
                                                  lead NAAQS will apply for East Helena                   submitted modeling analysis used                       text that includes incorporation by
                                                  until the state submits, and the EPA                    background concentrations of lead                      reference. In accordance with
                                                  approves, an implementation plan                        based off of lead monitoring results that              requirements of 1 CFR 51.5, the EPA is
                                                  providing for attainment and/or                         were performed during the three                        proposing the incorporation by
                                                  maintenance of the 2008 Lead NAAQS.                     quarters immediately after the ASARCO                  reference of a change to the State of
                                                  The EPA amended 40 CFR 50.12 to                         facility ceased operations in April of                 Montana’s SIP regarding a 1995 Board
                                                  reflect the possibility that the                        2001.                                                  Order; this action would eliminate


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                                                  1604                      Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules

                                                  Exhibit A, Section C, Subsection B. This                Technology Transfer and Advancement                    EPA, as amended between April 24,
                                                  Board order is found in the Montana SIP                 Act of 1995 (15 U.S.C. 272 note) because               2013 and August 3, 2016. The
                                                  under ‘‘EPA-approved Source-Specific                    application of those requirements would                delegation of authority under this action
                                                  Requirements.’’ The EPA has made, and                   be inconsistent with the CAA; and                      does not apply to sources located in
                                                  will continue to make, these materials                     • does not provide the EPA with the                 Indian Country. The EPA is providing
                                                  generally available through                             discretionary authority to address, as                 notice proposing to approve the
                                                  www.regulations.gov and at the EPA                      appropriate, disproportionate human                    delegation of certain NESHAPs to
                                                  Region 8 Office (please contact the                     health or environmental effects, using                 TCEQ.
                                                  person identified in the FOR FURTHER                    practicable and legally permissible
                                                                                                          methods, under Executive Order 12898                   DATES:  Written comments should be
                                                  INFORMATION CONTACT section of this
                                                                                                          (59 FR 7629, February 16, 1994).                       received on or before February 12, 2018.
                                                  preamble for more information).
                                                                                                             The SIP is not approved to apply on                 ADDRESSES: Submit your comments,
                                                  V. Statutory and Executive Order                        any Indian reservation land or in any                  identified by EPA–R06–OAR–2017–
                                                  Reviews                                                 other area where the EPA or an Indian                  0061, at http://www.regulations.gov or
                                                     Under the Clean Air Act, the                         tribe has demonstrated that a tribe has                via email to barrett.richard@epa.gov.
                                                  Administrator is required to approve a                  jurisdiction. In those areas of Indian                 For additional information on how to
                                                  SIP submission that complies with the                   country, the proposed rule does not                    submit comments see the detailed
                                                  provisions of the Act and applicable                    have tribal implications and will not                  instructions in the ADDRESSES section of
                                                  federal regulations. 42 U.S.C. 7410(k);                 impose substantial direct costs on tribal              the direct final rule located in the rules
                                                  40 CFR 52.02(a). Thus, in reviewing SIP                 governments or preempt tribal law as                   section of this issue of the Federal
                                                  submissions, the EPA’s role is to                       specified by Executive Order 13175 (65                 Register.
                                                  approve state choices, provided that                    FR 67249, November 9, 2000).
                                                  they meet the criteria of the Clean Air                                                                        FOR FURTHER INFORMATION CONTACT:       Mr.
                                                                                                          List of Subjects in 40 CFR Part 52                     Rick Barrett, (214) 665–7227; email:
                                                  Act. Accordingly, this action merely
                                                  proposes to approve state law as                          Environmental protection, Air                        barrett.richard@epa.gov.
                                                  meeting federal requirements and does                   pollution control, Carbon monoxide,                    SUPPLEMENTARY INFORMATION: In the
                                                  not impose additional requirements                      Incorporation by reference,                            final rules section of this issue of the
                                                  beyond those imposed by state law. For                  Intergovernmental relations, Lead,                     Federal Register, the EPA is approving
                                                  that reason, this proposed action:                      Nitrogen dioxide, Ozone, Particulate                   TCEQ’s request for delegation of
                                                     • Is not a ‘‘significant regulatory                  matter, Reporting and recordkeeping                    authority to implement and enforce
                                                  action’’ subject to review by the Office                requirements, Sulfur oxides, Volatile                  certain NESHAP for all sources (both
                                                  of Management and Budget under                          organic compounds.                                     part 70 and non-part 70 sources). TCEQ
                                                  Executive Order 12866 (58 FR 51735,                       Authority: 42 U.S.C. 7401 et seq.                    has adopted certain NESHAP by
                                                  October 4, 1993);                                                                                              reference into Texas’s state regulations.
                                                                                                            Dated: January 2, 2018.
                                                     • is not expected to be an Executive                                                                        In addition, the EPA is waiving its
                                                                                                          Douglas H. Benevento,
                                                  Order 13771 regulatory action because                                                                          notification requirements so sources
                                                                                                          Regional Administrator, Region 8.                      will only need to send notifications and
                                                  this action is not significant under
                                                  Executive Order 12866;                                  [FR Doc. 2018–00114 Filed 1–11–18; 8:45 am]            reports to TCEQ. The EPA is taking
                                                     • does not impose an information                     BILLING CODE 6560–50–P                                 direct final action without prior
                                                  collection burden under the provisions                                                                         proposal because the EPA views this as
                                                  of the Paperwork Reduction Act (44                                                                             a noncontroversial action and
                                                  U.S.C. 3501 et seq.);                                   ENVIRONMENTAL PROTECTION                               anticipates no adverse comments. A
                                                     • is certified as not having a                       AGENCY                                                 detailed rationale for the approval is set
                                                  significant economic impact on a                                                                               forth in the direct final rule. If no
                                                                                                          40 CFR Part 63
                                                  substantial number of small entities                                                                           relevant adverse comments are received
                                                  under the Regulatory Flexibility Act (5                 [EPA–R06–OAR–2017–0061; FRL–9972–29–                   in response to this action, no further
                                                  U.S.C. 601 et seq.);                                    Region 6]                                              activity is contemplated. If the EPA
                                                     • does not contain any unfunded                                                                             receives relevant adverse comments, the
                                                  mandate or significantly or uniquely                    National Emission Standards for                        direct final rule will be withdrawn, and
                                                  affect small governments, as described                  Hazardous Air Pollutants; Delegation                   all public comments received will be
                                                  in the Unfunded Mandates Reform Act                     of Authority to Texas                                  addressed in a subsequent final rule
                                                  of 1995 (Pub. L. 104–4);                                AGENCY:  Environmental Protection                      based on this proposed rule. The EPA
                                                     • does not have federalism                           Agency (EPA).                                          will not institute a second comment
                                                  implications as specified in Executive                  ACTION: Proposed rule.                                 period. Any parties interested in
                                                  Order 13132 (64 FR 43255, August 10,                                                                           commenting should do so at this time.
                                                  1999);                                                  SUMMARY:   The Texas Commission on                        For additional information, see the
                                                     • is not an economically significant                 Environmental Quality (TCEQ) has                       direct final rule which is located in the
                                                  regulatory action based on health or                    submitted updated regulations for                      rules section of this issue of the Federal
                                                  safety risks subject to Executive Order                 receiving delegation of EPA authority                  Register.
                                                  13045 (62 FR 19885, April 23, 1997);                    for implementation and enforcement of
                                                                                                                                                                   Dated: January 4, 2018.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                     • is not a significant regulatory action             National Emission Standards for
                                                  subject to Executive Order 13211 (66 FR                 Hazardous Air Pollutants (NESHAP) for                  Wren Stenger,
                                                  28355, May 22, 2001);                                   all sources (both part 70 and non-part 70              Director, Multimedia Division, Region 6.
                                                     • is not subject to requirements of                  sources). These regulations apply to                   [FR Doc. 2018–00448 Filed 1–11–18; 8:45 am]
                                                  Section 12(d) of the National                           certain NESHAP promulgated by the                      BILLING CODE 6560–50–P




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Document Created: 2018-10-26 09:51:27
Document Modified: 2018-10-26 09:51:27
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.
DatesWritten comments must be received on or before February 12, 2018.
ContactKevin Leone, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, [email protected]
FR Citation83 FR 1602 
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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