83_FR_31215 83 FR 31087 - Approval of Arizona Air Plan; Hayden Lead Nonattainment Area Plan for the 2008 Lead Standard

83 FR 31087 - Approval of Arizona Air Plan; Hayden Lead Nonattainment Area Plan for the 2008 Lead Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 128 (July 3, 2018)

Page Range31087-31098
FR Document2018-14198

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Arizona to meet Clean Air Act (CAA or ``Act'') requirements applicable to the Hayden lead (Pb) nonattainment area (``Hayden Lead NAA''). The EPA is proposing to approve the base year emissions inventory, the attainment demonstration, the control strategy, including reasonably available control technology and reasonably available control measures demonstrations, the reasonable further progress demonstration, the contingency measure, and the new source review (NSR) provisions of the submittal as meeting the requirements of the CAA and the EPA's implementing regulations for the 2008 lead national ambient air quality standard (NAAQS).

Federal Register, Volume 83 Issue 128 (Tuesday, July 3, 2018)
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Proposed Rules]
[Pages 31087-31098]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14198]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0222; FRL-9980-21--Region 9]


Approval of Arizona Air Plan; Hayden Lead Nonattainment Area Plan 
for the 2008 Lead Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of Arizona to meet Clean Air Act (CAA or ``Act'') requirements 
applicable to the Hayden lead (Pb) nonattainment area (``Hayden Lead 
NAA''). The EPA is proposing to approve the base year emissions 
inventory, the attainment demonstration, the control strategy, 
including reasonably available control technology and reasonably 
available control measures demonstrations, the reasonable further 
progress demonstration, the contingency measure, and the new source 
review (NSR) provisions of the submittal as meeting the requirements of 
the CAA and the EPA's implementing regulations for the 2008 lead 
national ambient air quality standard (NAAQS).

DATES: Any comments on this proposal must arrive by August 2, 2018.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2018-0222, at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, 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, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the 
EPA's full 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: Ginger Vagenas, EPA Region IX, 415-
972-3964, [email protected]

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' mean the EPA.

Table of Contents

I. Background
    A. The Lead NAAQS
    B. Designation of the Hayden Lead NAA
    C. CAA Requirements for Lead Nonattainment Areas
    D. Sources of Lead in the Hayden Lead NAA
II. Arizona's SIP Submittal To Address the Hayden Lead NAA
    A. Arizona's SIP Submittal
    B. CAA Procedural and Administrative Requirements for SIP 
Submittals
III. CAA and Regulatory Requirements for Lead Attainment SIPs
    A. CAA and EPA Guidance
    B. Infrastructure SIPs for Lead
IV. Review of the 2017 Hayden Lead Plan
    A. Summary of the EPA's Proposed Actions
    B. Emissions Inventories
    C. Reasonably Available Control Measure/Reasonably Available 
Control Technology Demonstration and Adopted Control Strategy
    D. Attainment Demonstration
    E. Reasonable Further Progress Demonstration
    F. Contingency Measures
    G. New Source Review
V. The EPA's Proposed Action and Request for Public Comments
    A. The EPA's Proposed Approvals
    B. Request for Public Comments
VI. Statutory and Executive Order Reviews

I. Background

A. The Lead NAAQS

    Under the CAA, the EPA must establish NAAQS for six pollutants, 
including lead. Lead is generally emitted in the form of particles that 
are deposited in water, soil, and dust. People may be exposed to lead 
by inhaling it or by ingesting lead-contaminated food, water, soil, or 
dust. Once in the body, lead is quickly absorbed into the bloodstream 
and can result in a broad range of adverse health effects including 
damage to the central nervous system, cardiovascular function, kidneys, 
immune system, and red blood cells. Children are particularly 
vulnerable to lead exposure, in part because they are more likely to 
ingest lead and in part because their still-developing bodies are more 
sensitive to the effects of lead. The harmful effects to children's 
developing nervous systems (including their brains) arising from lead 
exposure may include IQ \1\ loss, poor academic achievement, long-term 
learning disabilities, and an increased risk of delinquent behavior.
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    \1\ IQ (intelligence quotient) is a score created by dividing a 
person's mental age score, obtained by administering an intelligence 
test, by the person's chronological age, both expressed in terms of 
years and months. ``Glossary of Important Assessment and Measurement 
Terms,'' Philadelphia, PA: National Council on Measurement in 
Education. 2016.
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    The EPA first established a lead standard in 1978 at 1.5 micrograms 
per meter cubed ([micro]g/m\3\) as a quarterly average.\2\ Based on new 
health and scientific data, the EPA revised the federal lead standard 
to 0.15 [micro]g/m\3\ and revised the averaging time for the standard 
on October 15, 2008.\3\ A violation of the standard occurs when ambient 
lead concentrations exceed 0.15

[[Page 31088]]

[micro]g/m\3\ averaged over a 3-month rolling period.
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    \2\ See 43 FR 46246 (October 5, 1978).
    \3\ See 73 FR 66964 (November 12, 2008) (``lead NAAQS rule'').
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B. Designation of the Hayden Lead NAA

    The process for designating areas following promulgation of a new 
or revised NAAQS is set forth in section 107(d) of the CAA. The CAA 
requires the EPA to complete the initial area designations process 
within two years of promulgating a new or revised NAAQS. Section 107(d) 
of the CAA allows the EPA to extend the period for initial designations 
for up to a year in cases where the available information is 
insufficient to promulgate designations. The initial designations for 
the 2008 lead NAAQS were established in two rounds and were completed 
on November 22, 2010 and November 22, 2011.\4\ The EPA initially 
designated the Hayden, Arizona area as unclassifiable due to 
insufficient monitoring data.\5\
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    \4\ See 75 FR 71033 and 76 FR 72097.
    \5\ Arizona Department of Environmental Quality's Globe Highway 
monitor registered four violations of the lead NAAQS in 2011; 
however, at the time of designation the data had not been quality 
assured and certified. Consequently, we did not rely on them as the 
basis for a nonattainment designation.
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    The CAA grants the EPA the authority to change the designation of 
areas (``redesignate'') in light of changes in circumstances. More 
specifically, the EPA has the authority under CAA section 107(d)(3) to 
redesignate areas based on air quality data, planning, and control 
considerations, or any other air quality-related considerations. In 
June 2013, we determined that quality assured, certified monitoring 
data collected in 2012 at the Arizona Department of Environmental 
Quality (ADEQ or ``State'') Globe Highway monitor showed that the area 
was violating the lead NAAQS. Accordingly, on May 2, 2014, the EPA 
issued a proposal to redesignate the Hayden area to nonattainment for 
the 2008 lead NAAQS. That proposal was finalized on September 3, 2014, 
effective October 3, 2014.6 7
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    \6\ See 79 FR 52205.
    \7\ For an exact description of the Hayden Lead NAA, see 40 CFR 
81.303.
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C. CAA Requirements for Lead Nonattainment Areas

    Designation of an area as nonattainment starts the process for a 
state to develop and submit to the EPA a SIP under title 1, part D of 
the CAA. Under CAA sections 191(a) and 192(a), attainment demonstration 
SIPs for the lead NAAQS are due 18 months after the effective date of 
an area's nonattainment designation and must provide for attainment of 
the standard as expeditiously as practicable, but no later than five 
years after designation.\8\ The CAA requires that the SIP include 
emissions inventories, a reasonable further progress (RFP) 
demonstration, a reasonably available control measures/reasonably 
available control technology (RACM/RACT) demonstration, an attainment 
demonstration, and contingency measures. In general, to demonstrate 
timely attainment, control measures need to be implemented as 
expeditiously as practicable.
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    \8\ For the Hayden Lead NAA, the attainment date is October 3, 
2019.
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D. Sources of Lead in the Hayden Lead NAA

    Stationary sources of lead are generally large industrial sources, 
including metals processing, particularly primary and secondary lead 
smelters. Lead can also be emitted by iron and steel foundries, primary 
and secondary copper smelters, industrial, commercial and institutional 
boilers, waste incinerators, glass manufacturing, refineries, and 
cement manufacturing. ADEQ has determined that the cause of the 
nonattainment status in the Hayden area is the primary copper smelter 
owned and operated by ASARCO, LLC (``Asarco''). The State notes that 
this facility ``accounts for over 99 percent of Pb emissions'' and that 
the ``[e]missions generally come from the hot-metal smelting process 
and lead-bearing fugitive dust.'' \9\
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    \9\ Plan, page 38.
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    Because regional ambient air lead concentrations indicate low 
ambient lead levels relative to the 2008 lead NAAQS, and because the 
only ambient levels exceeding the NAAQS were at sites near the Asarco 
facility, ADEQ's lead attainment strategy is focused on reducing lead 
emissions generated by this source.

II. Arizona's SIP Submittal To Address for the Hayden Lead NAA

A. Arizona's SIP Submittal

    ADEQ is the air quality agency that develops SIPs for the Hayden 
area. The SIP for the Hayden Lead NAA, entitled ``SIP Revision: Hayden 
Lead Nonattainment Area'' (``2017 Hayden Lead Plan'' or ``Plan'') was 
due April 3, 2016. It was adopted by ADEQ on March 3, 2017, and 
submitted to the EPA on the same day.\10\
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    \10\ See letter dated March 3, 2017, from Timothy S. Franquist, 
Director, Air Quality Division, ADEQ, to Alexis Strauss, Acting 
Regional Administrator, EPA Region IX.
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B. CAA Procedural and Administrative Requirements for SIP Submittals

    CAA sections 110(a)(1) and (2) and 110(l) require a state to 
provide reasonable public notice and opportunity for public hearing 
prior to the adoption and submittal of a SIP or SIP revision. To meet 
this requirement, every SIP submittal should include evidence that 
adequate public notice was given and a public hearing was held 
consistent with the EPA's implementing regulations in 40 CFR 51.102.
    ADEQ has satisfied applicable statutory and regulatory requirements 
for reasonable public notice and hearing prior to adoption and 
submittal of the 2017 Hayden Lead Plan. The State provided a public 
comment period and held a public hearing prior to the adoption of the 
Plan on March 3, 2017. The SIP submittal includes notices of the 
State's public hearing as evidence that the hearing was properly 
noticed.\11\ We therefore find that the submittal meets the procedural 
requirements of CAA sections 110(a) and 110(l).
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    \11\ See 2017 Hayden Lead Plan, Appendix F, Public Process 
Documentation.
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    CAA section 110(k)(1)(B) requires the EPA to determine whether a 
SIP submittal is complete within 60 days of receipt. This section also 
provides that any plan that the EPA has not affirmatively determined to 
be complete or incomplete will become complete six months after the 
date of submittal by operation of law. The EPA's SIP completeness 
criteria are found in 40 CFR part 51, appendix V. The 2017 Hayden Plan 
became complete by operation of law on September 3, 2017.

III. CAA and Regulatory Requirements for Lead Attainment SIPs

A. CAA and EPA Guidance

    Requirements for the lead NAAQS are set forth in title 1, part D, 
subparts 1 and 5 of the CAA, which includes section 172, 
``Nonattainment plan provisions in general,'' and sections 191 and 192, 
``Plan submission deadlines'' and ``Attainment dates,'' respectively.
    Section 192(a) establishes that the attainment date for lead 
nonattainment areas is ``as expeditiously as practicable'' but no later 
than five years from the date of the nonattainment designation for the 
area. The EPA designated the Hayden area as a nonattainment area 
effective October 3, 2014, and thus the applicable attainment date is 
no later October 3, 2019. Under section 172(a)(2)(D), the Administrator 
is precluded from granting an extension of this attainment date because 
the statute separately establishes a specific attainment date in 
section 192(a).
    Section 172(c) contains the general statutory planning requirements 
applicable to all nonattainment areas,

[[Page 31089]]

including the requirements for emissions inventories, RACM/RACT, 
attainment demonstrations, RFP demonstrations, and contingency 
measures. When the EPA issued the lead NAAQS rule, we included some 
guidelines for implementing these planning requirements.\12\ The EPA 
also issued several guidance documents related to planning requirements 
for the lead NAAQS.\13\ These include:
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    \12\ See 73 FR 66964.
    \13\ These guidance documents can be found in the docket for 
today's action.
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     ``2008 Lead (Pb) National Ambient Air Quality Standards 
(NAAQS) Implementation Questions and Answers,'' Memorandum from Scott 
L. Mathias, Interim Director, Air Quality Policy Division, EPA Office 
of Air Quality Planning and Standards, to Regional Air Division 
Directors, Regions I-X, July 8, 2011, (``Lead Q&A''); and
     ``Addendum to the 2008 Lead NAAQS Implementation Questions 
and Answers Signed on July 11, 2011, by Scott Mathias,'' August 10, 
2012. (``Lead Q&A Addendum''); and
     Implementation of the 2008 Lead National Ambient Air 
Quality Standards--Guide to Developing Reasonably Available Control 
Measures (RACM) for Controlling Lead Emissions, EPA Office of Air 
Quality Planning and Standards, EPA-457/R-12-001, March 2012 (``Lead 
RACM Guidance'').
    The lead NAAQS rule and its preamble and the guidance documents 
address the statutory planning requirements for emissions inventories, 
RACM/RACT, attainment demonstrations including air quality modeling 
requirements, RFP demonstrations, and contingency measures. The lead 
NAAQS rule also addresses other matters such as monitoring, 
designations, lead infrastructure SIPs, and exceptional events. We will 
discuss each of the CAA and regulatory requirements for lead attainment 
plans in the next section, which details our review of the 2017 Hayden 
Lead Plan.

B. Infrastructure SIPs for Lead

    Under section 110 of the CAA, all states (including those without 
nonattainment areas) are required to submit infrastructure SIPs within 
three years of the promulgation of a new or revised NAAQS. Because the 
lead NAAQS was signed and widely disseminated on October 15, 2008, the 
infrastructure SIPs were due by October 15, 2011. Section 110(a)(1) and 
(2) require states to address basic program elements, including 
requirements for emissions inventories, monitoring, and modeling, among 
other things. Subsections (A) through (M) of section 110(a)(2) set 
forth the elements that a state's program must contain in the SIP. 
Arizona's lead infrastructure SIP was approved by the EPA on August 10, 
2015.\14\
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    \14\ 80 FR 47859.
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IV. Review of the 2017 Hayden Lead Plan

A. Summary of the EPA's Proposed Actions

    The EPA is proposing to approve the 2017 Hayden Lead Plan. We are 
proposing to approve the 2012 base year emissions inventory in this SIP 
revision as meeting the applicable requirements of the CAA and EPA 
guidance. We are also proposing to approve the attainment 
demonstration, RACM/RACT analysis, RFP demonstration, and the 
contingency measure as meeting the applicable requirements of the CAA 
and EPA guidance.
    The EPA's analysis and findings are discussed below for each 
applicable requirement. The technical support document (TSD) for 
today's proposed action contains additional details on selected lead 
planning requirements.

B. Emissions Inventories

1. Requirements for Emissions Inventories
    The emissions inventory and source emission rate data for an area 
serve as the foundation for air quality modeling and other analyses 
that enable states to estimate the degree to which different sources 
within a nonattainment area contribute to violations within the 
affected area. These analyses also enable states to assess the expected 
improvement in air quality within the nonattainment area due to the 
adoption and implementation of control measures. CAA section 172(c)(3) 
requires that states submit a ``comprehensive, accurate, current 
inventory of actual emissions from all sources of the relevant 
pollutant.'' Therefore, all sources of lead emissions in the 
nonattainment area must be included in the submitted inventory. A base 
year emissions inventory is required for the attainment demonstration 
and for meeting RFP requirements. In general, the base year emissions 
inventory should be derived from one of the years on which the 
nonattainment designation was based.\15\
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    \15\ See Lead Q&A and Lead Q&A Addendum.
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    In order to demonstrate attainment in accordance with CAA section 
172, the state should also provide an attainment emissions inventory to 
identify the level of emissions in the area sufficient to attain the 
NAAQS. The attainment inventory should generally contain maximum 
allowable emissions for the attainment year for all sources within the 
modeling domain.\16\
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    \16\ See Lead Q&A Addendum p. 1.
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    In addition to inventory reporting requirements in CAA section 
172(c)(3), 40 CFR 51.117(e)(1) requires that the inventory contain all 
point sources that emit 0.5 tons of lead emissions per year (tpy).\17\ 
Based on annual emissions reporting for 2011, the only point source in 
the Hayden Lead NAA with a potential to emit over 0.5 tpy of lead is 
the Asarco primary copper smelter, located in Hayden, AZ (``Hayden 
Facility'' or ``Facility'').\18\
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    \17\ Additional emissions inventory reporting requirements are 
also found in EPA's Air Emissions Reporting Rule (AERR) (codified at 
40 CFR part 51 subpart A) and 73 FR 76539. Although the AERR 
requirements are separate from the SIP-related requirements in CAA 
section 172(c)(3) and 40 CFR 51.117(e)(1), the AERR requirements are 
intended to be compatible with the SIP-related requirements.
    \18\ The Asarco primary copper smelter is a large complex that 
consists of smelter operations as well as concentrator operations. 
In sections of the Plan, ADEQ refers to these operations separately 
as the ``smelter complex'' and ``concentrator complex.'' Since the 
smelter and concentrator operations are permitted as a single 
stationary source, we use the term ``Hayden Facility'' and 
``Facility'' to refer to the entirety of the smelter and 
concentrator operations.
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2. Base Year Emissions Inventory
    The base year emissions inventory establishes a baseline that is 
used to evaluate emission reductions achieved by the control strategy 
and to establish RFP requirements. ADEQ's discussion of emissions 
inventory development can be found in the Plan on pages 28-36, as well 
as in Appendices A and D. ADEQ selected 2012 as the base year for 
emissions inventory preparation for several reasons. At time of 
preparation, 2012 was the most recent year with verified ambient air 
monitoring data from a SLAMS (State or Local Air Monitoring Station) 
monitor.\19\ It is also a representative year of exceedances of the 
primary lead NAAQS. In addition, the Hayden lead nonattainment 
designation was based upon 2012 monitoring data.
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    \19\ SLAMS include the ambient air quality sites and monitors 
that are required by the EPA's regulations and are needed to meet 
specific monitoring objectives, including NAAQS comparisons. See 40 
CFR 58.1.
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    Lead emissions are grouped into two general categories: Stationary 
and mobile sources. Stationary sources can be further divided into 
``point'' and ``area'' sources. Point sources are typically located at 
permitted facilities and have one or more identified and fixed pieces 
of equipment and

[[Page 31090]]

emissions points. These facilities are required to report their 
emissions to ADEQ on an annual basis. Conversely, area sources consist 
of widespread and numerous smaller emission sources, such as small 
permitted facilities, households, and other land uses. The mobile 
sources category can be divided into two major subcategories: ``On-
road'' and ``off-road'' mobile sources. On-road mobile sources include 
light-duty automobiles, light-, medium-, and heavy-duty trucks, and 
motorcycles. Off-road mobile sources include aircraft, locomotives, 
construction equipment, mobile equipment, and recreational vehicles. A 
summary of ADEQ's 2012 base year inventory for each of these categories 
is included in Table 1 below.

 Table 1--2012 Base Year Lead Emission Inventory for the Hayden Lead NAA
------------------------------------------------------------------------
                                                           Pb emissions
                     Source category                           (tpy)
------------------------------------------------------------------------
Point...................................................            3.43
Area....................................................          <0.001
Mobile Source (non-road)................................           0.015
Mobile Source (on-road).................................
                                                         ---------------
    Total...............................................            3.45
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Source: Plan, Tables 12-16.

    As seen above, the substantial majority of lead emissions in the 
Hayden Lead NAA are from the point source category (i.e., the Hayden 
Facility). The Hayden Facility consists of multiple emission points 
that ADEQ further categorized into smelting point sources (stack 
emissions), smelting fugitives, road dust, and other process fugitives 
(from non-smelting process equipment). A more detailed summary of the 
Hayden Facility's lead emissions is included in Table 2 below.

Table 2--2012 Base Year Lead Emissions Inventory for the Hayden Facility
------------------------------------------------------------------------
                                                           Pb emissions
                     Source category                           (tpy)
------------------------------------------------------------------------
Smelting point sources..................................            1.09
Smelting fugitives......................................            1.88
Road (paved and unpaved)................................            0.14
Non-smelting process fugitives..........................            0.32
                                                         ---------------
    Total...............................................            3.43
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Source: Id.

3. Projected Year Emissions Inventory
    The Hayden area was designated nonattainment for lead in 2014. The 
CAA provides that nonattainment areas must attain the NAAQS as 
expeditiously as practicable, but no later than five years after the 
effective date of designation. Therefore, the Hayden Lead NAA must 
attain the lead NAAQS by 2019. The projected emissions inventory for 
2019 is part of the attainment demonstration required under CAA section 
172 and informs the air quality modeling for 2019, which is discussed 
in detail below in section IV.D. ADEQ developed a projected 2019 lead 
emissions inventory for the Hayden Lead NAA as summarized in Table 3 
below.

             Table 3--Base Year and Projected Year Lead Emissions Inventory for the Hayden Lead NAA
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                                                                   2012 base year Pb      2019 projected year Pb
                        Source category                         emissions (tpy) (actual      emissions (tpy)
                                                                       emissions)         (allowable emissions)
----------------------------------------------------------------------------------------------------------------
Point.........................................................                     3.43                     4.60
Area..........................................................                   <0.001                   <0.001
Mobile Source (non-road)......................................                    0.015                    0.020
Mobile Source (on-road).......................................
                                                               -------------------------------------------------
    Total.....................................................                     3.45                     4.62
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Source: Id.

    As with the base year inventory, the substantial majority of lead 
emissions for the projected year inventory are attributable to the 
point source category, which represents the Hayden Facility. A more 
detailed summary of the Hayden Facility's lead emissions is included in 
Table 4 below.

      Table 4--Comparison of Base Year and Projected Year Lead Emissions Inventory for the Hayden Facility
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                                                                   2012 base year Pb      2019 projected year Pb
                        Source category                         emissions (tpy) (actual      emissions (tpy)
                                                                       emissions)         (allowable emissions)
----------------------------------------------------------------------------------------------------------------
Smelting point sources........................................                     1.09                     2.99
Smelting fugitives............................................                     1.88                     1.44
Road (paved and unpaved)......................................                    0.137                    0.043
Non-smelting fugitives........................................                    0.322                    0.131
                                                               -------------------------------------------------
    Total.....................................................                     3.43                     4.60
----------------------------------------------------------------------------------------------------------------
Source: Id.

    As seen in the tables above, the projected year emissions 
inventory, which is generally based on maximum allowable emissions 
(also referred to as potential to emit or PTE), is higher than the base 
year inventory, which is based on actual emissions. The use of actual 
emissions for the base year, as well as the use of maximum allowable

[[Page 31091]]

emissions for the projection year and the attainment modeling, is 
consistent with CAA requirements \20\ and EPA guidance.\21\ Use of 
maximum allowable emissions for the modeling ensures the attainment 
demonstration takes into account possible increases in emissions that 
are allowed by the underlying rules and permit conditions; however, 
actual emissions at the Facility are expected to decline. As shown in 
Table 5, the 2019 projected actual emissions are lower than actual 
emissions in the 2012 base year inventory. Furthermore, even assuming 
that the Facility were to emit at the maximum allowable levels in 2019, 
the submitted modeling shows that the Hayden area would still attain 
the lead NAAQS, primarily due to the nature of emission changes and 
their predicted ambient impact. The increase from base year actual 
emissions to projected year maximum allowable emissions is primarily 
attributable to smelting point sources at the Hayden Facility. Other 
source categories at the Facility, such as the roads and non-smelting 
fugitives, decrease from the base year inventory to the projected year 
inventory, and, due to their dispersion characteristics, these sources 
have more influence on the maximum predicted ambient impacts in the 
nonattainment area than the smelter point sources. As a result, while 
the reductions in road and non-smelting fugitive lead emissions are 
small compared to the emissions from the smelting point sources, these 
reductions occur at sources that are primary contributors to maximum 
predicted ambient impact in the nonattainment area.
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    \20\ See, e.g., CAA section 172(c)(3) (requiring ``a 
comprehensive, accurate, current inventory of actual emissions from 
all sources of the relevant pollutant or pollutants in such area.'' 
(emphasis added))
    \21\ See, e.g., Lead Q&A Addendum p. 1.

                                   Table 5--Base Year, Projected Actual, and Maximum Allowable Modeled Lead Emissions
                                                                 for the Hayden Facility
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                                                                                                            Projected
                                                       2012 actual Pb      2019 projected actual Pb       reductions in   Maximum allowable- modeled Pb
         Modeled source             Controls applied      emissions             emissions (tpy)             actual Pb       emissions (PTE) (tpy) \a\
                                                            (tpy)                                         emissions (%)
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Main stack......................  Secondary hood                 1.08  0.904...........................              16  2.99.
                                   baghouse, improved
                                   primary and
                                   secondary hooding,
                                   tertiary hooding.
Flash furnace fugitives.........  Matte tapping                 0.495  0.1025..........................            79.3  1.03.
                                   ventilation system.
Converter aisle fugitives.......  Secondary hood                0.968  0.024...........................            97.5  0.37.
                                   baghouse, improved
                                   primary and
                                   secondary hooding,
                                   tertiary hooding.
Anode furnace fugitives.........  Improved                      0.417  0.04............................            89.7  0.04.
                                   ventilation system.
Anode baghouse stack............  Sent to the main             0.0113  Included in main stack..........             N/A  Included in main stack.
                                   stack.
Slag dump.......................  Restrictions on                0.05  0.05............................  ..............  0.05.
                                   slag dumping
                                   location.
Gas cleaning waste material.....  Thickener project..            0.26  0.07............................              73  0.07.
Concentrate storage area........  Wind fence, water             0.001  0.000056........................              94  0.00088.
                                   sprays.
Bedding area....................  Wind fence, water           0.00017  0.000015........................              91  0.00016.
                                   sprays.
Reverts operations..............  Wind fence, water            0.0122  0.00042.........................              97  0.0041.
                                   sprays.
Paved roads.....................  Sweepers...........           0.091  0.015 \b\.......................              84  0.015.
Unpaved roads...................  Chemical dust                 0.046  0.028 \b\.......................              39  0.028.
                                   suppressant (on a
                                   schedule achieving
                                   90% control
                                   efficiency).
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\a\ PTE values for the concentrate storage area, bedding area, and reverts operations were derived using the same calculation methods that were applied
  to calculate 2019 projected actuals. However, for PTE values, Asarco supplied more conservative throughput. Also, the lead factors used for PTE
  calculations were based on mean lead assay values (source specific) plus two standard deviations.
\b\ Projected actual values for paved and unpaved roads were based on PTE.
Source: ADEQ Modeling TSD, Table 8-1.

4. Proposed Action on the Base Year Emissions Inventory
    We have reviewed the emissions inventory and calculation 
methodology used by ADEQ in the 2017 Hayden Lead Plan for consistency 
with CAA requirements, the lead NAAQS rule, and the EPA's guidance. We 
find that the 2012 base year inventory is a comprehensive, accurate, 
and current inventory of actual emissions of lead in the Hayden Lead 
NAA. We therefore propose to approve the 2012 base year inventory as 
meeting the requirements of CAA section 172(c)(3). We are not proposing 
action on the projected attainment inventory, since it is not a 
required SIP element. However, we have evaluated it for consistency 
with EPA guidance and find that it supports the attainment and RFP 
demonstrations, as discussed in the TSD and below.

C. Reasonably Available Control Measure/Reasonably Available Control 
Technology Demonstration and Adopted Control Strategy

1. Requirements for RACM/RACT
    CAA section 172(c)(1) requires that each attainment plan provide 
for implementation of RACM (including RACT for existing sources) as 
expeditiously as practicable and provide for attainment of the NAAQS. 
The EPA defines RACM as measures that are both reasonably available and 
contribute to

[[Page 31092]]

attainment as expeditiously as practicable in the nonattainment area. 
Lead nonattainment plans must contain RACM (including RACT) that 
address sources of ambient lead concentrations. The EPA's historic 
definition of RACT is the lowest emissions limitation that a particular 
source is capable of meeting by the application of control technology 
that is reasonably available, considering technological and economic 
feasibility.\22\ The EPA recommends that, at a minimum, all stationary 
sources emitting 0.5 tpy or more of lead should undergo a RACT 
review.\23\ Based on the 2011 national emissions inventory (2011 NEI 
v2) and the 2012 base year emissions inventory, the Asarco copper 
smelter is the only point source in the Hayden Lead NAA that emits over 
0.5 tpy of lead.\24\
---------------------------------------------------------------------------

    \22\ See, for example, 44 FR 53761 (September 17, 1979) and 
footnote 3 of that notice.
    \23\ 73 FR 67038.
    \24\ 2017 Hayden Lead Plan, Chapter 3: Emissions Inventories and 
Appendix A: Emission Inventory Technical Support Document for the 
2008 Hayden Lead Nonattainment Area, Chapter 5, Base Year Emission 
Inventory for Lead in the Hayden Planning Area.
---------------------------------------------------------------------------

2. RACM/RACT Demonstration in the 2017 Hayden Lead Plan
    Because of lead's dispersion characteristics, the highest ambient 
concentrations of lead are expected to be near lead sources, such as 
the Hayden Facility. This RACM/RACT analysis focuses on evaluating 
controls at the Hayden Facility, and unlike in a typical RACM 
demonstration for other types of pollutants, we are not evaluating the 
broader set of source categories in the Hayden Lead NAA. This is an 
appropriate approach in this case because the Hayden Facility is the 
source of over 99 percent of lead emissions in the Hayden Lead NAA.\25\
---------------------------------------------------------------------------

    \25\ 2017 Hayden Lead Plan, page 38.
---------------------------------------------------------------------------

    ADEQ's control strategy relies on the implementation of two source-
specific regulations in the Arizona Administrative Code: Rule R18-2-
B1301 (Limits on Lead Emissions from the Hayden Smelter) and Rule R18-
2-B1301.01 (Limits on Lead-Bearing Fugitive Dust from the Hayden 
Smelter), and two associated appendices. ADEQ submitted these rules to 
the EPA for SIP approval on April 6, 2017.\26\ We approved Rule R18-2-
B1301.01 and Appendix 15 into the Arizona SIP on February 22, 2018,\27\ 
and proposed to approve Rule R18-2-B1301 and Appendix 14 on March 30, 
2018.\28\ The controls required under these rules are also required 
under a 2015 consent decree between Asarco and the United States.\29\
---------------------------------------------------------------------------

    \26\ See letter dated April 6, 2017, from Timothy S. Franquist, 
Director, Air Quality Division, ADEQ, to Alexis Strauss, Acting 
Regional Administrator, EPA Region IX.
    \27\ 83 FR 7614.
    \28\ 83 FR 13716.
    \29\ Consent Decree No. CV-15-02206-PHX-DLR (D. Ariz).
---------------------------------------------------------------------------

    ADEQ's RACM/RACT analysis can be found on pages 60 through 121 of 
the 2017 Hayden Lead Plan. The EPA's Lead RACM Guidance did not provide 
specific guidance on what constituted RACM/RACT for primary copper 
smelters. Consistent with that guidance, ADEQ looked to other federal 
requirements for lead control at primary copper smelters, similar 
source categories for which the EPA had established lead control 
guidance, and other regulations that the EPA has approved as RACM/RACT 
for lead control. ADEQ used the following references for comparison of 
lead controls: The national emissions standard for hazardous air 
pollutants (NESHAP) requirements for primary copper smelters at 40 CFR 
63, subpart QQQ and the NESHAP requirements for secondary lead smelters 
at 40 CFR 63, subpart X. For fugitive lead-bearing dust control, ADEQ 
also used the following references for comparison: Appendix 1 of the 
General Preamble for Implementation of Title I of the Clean Air 
Act,\30\ which describes control measures for fugitive lead-bearing 
dust; South Coast Air Quality Management District (SCAQMD) Rule 1420.1 
for lead battery recycling facilities (``Emissions Standards for Lead 
and Other Toxic Air Contaminants from Large Lead-Acid Battery Recycling 
Facilities''); and particulate matter (PM) fugitive dust rules enacted 
by other states and local agencies.
---------------------------------------------------------------------------

    \30\ 58 FR 67748 (December 22, 1993).
---------------------------------------------------------------------------

    The EPA's TSDs on Rules R18-2-B1301 and R18-2-B1301.01 and 
Appendices 14 and 15 contain our detailed analysis on the 
enforceability, stringency, and SIP revision implications for the 
measures contained in these rules.\31\ We evaluate below whether these 
measures satisfy the statutory requirements for RACM/RACT for the 
Hayden Lead NAA.
---------------------------------------------------------------------------

    \31\ See Technical Support Document for the EPA's Rulemaking for 
the Arizona State Implementation Plan: Arizona Department of 
Environmental Quality Rule R18-2-B1301.01, Limits on Lead-Bearing 
Fugitive Dust from the Hayden Smelter, and Appendix 15, Test Methods 
for Determining Opacity and Stabilization of Unpaved Roads (August 
2017); Technical Support Document for the EPA's Rulemaking for the 
Arizona State Implementation Plan: Arizona Administrative Code Title 
18, Chapter 2 Appendix 14 and Rule R18-2-715.02 (March 2018); and 
Technical Support Document for the EPA's Rulemaking for the Arizona 
State Implementation Plan: Arizona Administrative Code Title 18, 
Chapter 2, Article 13 Part B--Hayden, Arizona, Planning Area R18-2-
B1301--Limits on Lead Emissions from the Hayden Smelter (March 
2018).
---------------------------------------------------------------------------

a. Rule R18-2-B1301 and Appendix 14
    Rule R18-2-B1301 establishes a lead emission limit for the Hayden 
Facility's main stack and operations and maintenance (O&M) 
requirements, including the development of an O&M plan for the capture 
and control system, monitoring provisions for parametric limits 
required to ensure sufficient capture of fugitive lead emissions from 
the smelter, performance testing requirements, compliance determination 
requirements, recordkeeping requirements, and reporting requirements. 
Rule R18-2-B1301 also requires the completion of a fugitive emissions 
study to characterize lead emissions from the smelter structure that 
may contribute to nonattainment, but are not captured or controlled. 
Appendix 14 establishes specific requirements for the study, which is 
required to validate both the estimate of fugitive emissions used in 
the attainment demonstration and the operating conditions or ranges for 
the capture devices' O&M plan.
    Rule R18-2-B1301 establishes a lead emission limit from the 
smelter's stack of 0.683 pounds of lead per hour. Fugitive lead 
emissions from the smelter structure are constrained through an 
improved fugitive gas capture system over the furnace taps and 
converter chambers. In lieu of a fugitive emissions limit, Asarco must 
operate its gas capture system within certain operating parameters as 
described in the facility's O&M plan. Rule R18-2-B1301 defines critical 
parameters and specifies operating limits on those parameters that the 
O&M plan must require, at a minimum, in order to sufficiently control 
fugitive emissions. The fugitive emissions rate will be validated 
through a year-long fugitive emission study as described in Appendix 
14, and it must not exceed the modeled attainment emission rate. If 
actual fugitive emissions exceed the modeled emission rates shown in 
Table 5 above and Asarco is unable to demonstrate attainment of the 
NAAQS at the actual measured fugitive emissions levels, ADEQ will need 
to revise the O&M plan parametric limit minimums as required in R18-2-
B1301 and, as necessary, require additional controls to further reduce 
fugitive emissions. ADEQ must submit these changes as revisions to the 
Arizona SIP. Other requirements include monitoring, recordkeeping, and 
reporting provisions to ensure compliance with the emission and 
parametric limits.

[[Page 31093]]

    We compared these requirements with the primary copper smelter 
NESHAP and the secondary lead smelter NESHAP in the TSD we prepared in 
support of our rulemaking action on R18-2-B1301, and we found the rule 
requirements to be generally consistent with those in the NESHAP. For 
example, the primary copper smelter NESHAP requires a capture system 
and control device O&M plan and requires that the smelter operate 
consistently with good air pollution control practices, similar to R18-
2-B1301. The requirements of R18-2-B1301 are also similar to the 
secondary lead smelter NESHAP requirements, except that the NESHAP 
includes emissions limits of 1.0 milligrams of lead per dry standard 
cubic meter for any process vent gas and 0.20 milligrams of lead per 
dry cubic meter on a rolling 12-month average basis. We propose to find 
that these limits are not required as RACM for the Hayden Facility 
because they are intended for a different type of facility and, as 
discussed below, ADEQ's air quality modeling indicates that the main 
stack emission limit in R18-2-B1301 (0.683 pound of lead per hour) is 
sufficient for the Hayden area to attain the lead NAAQS.
b. Rule R18-2-B1301.01 and Appendix 15
    Rule R18-2-B1301.01 establishes work practice requirements and 
control measures on sources of lead-bearing fugitive dust surrounding 
the Hayden Facility. Appendix 15 applies to unpaved roads at the Hayden 
Facility and includes the following: (1) A test method for determining 
opacity for fugitive dust from these rules, (2) a test method for 
determining silt content of the trafficked parts of unpaved roads, and 
(3) a Qualification and Testing section containing certification 
requirements and procedures, specifications, and calibration 
procedures.
    Rule R18-2-B1301.01 specifies a range of operational standards and 
work practices for processes that may cause emissions of lead-bearing 
fugitive dust. The requirements must be detailed in a fugitive dust 
plan that at minimum includes the performance and housekeeping 
requirements. Subsection (D) includes the following minimum performance 
and housekeeping requirements, which must be met independent of the 
fugitive dust plan:
     Procedures for high wind events, including wetting of 
sources and cessation of operations if necessary;
     Physical inspection requirements of control equipment and 
dust-generating processes to ensure proper operation;
     Opacity limit of 20 percent and requirements to take 
corrective action if opacity exceeds 15 percent;
     Requirements for paved road cleaning at least daily, with 
vehicular track-out controls and 15 mile per hour speed limits;
     Requirements for the application frequency of chemical 
dust suppressant to unpaved roads, controls on silt loading on those 
roads (silt loading may not exceed 0.33 ounces per square feet or 6 
percent), runoff collection requirements to prevent dust from becoming 
airborne, and 15 miles per hour speed limits;
     Materials storage, handling, and unloading requirements 
for copper concentrate and reverts, including requirements for storage 
on concrete pads, water sprayers, and wind fences;
     Bedding requirements (including loading and unloading 
operations requirements for wind fences and water spraying to maintain 
a nominal 10 percent surface moisture content), rumble grates to reduce 
trackout at exits, and a daily cleaning schedule inside and near the 
protected area; and
     Requirements for the acid plant scrubber blowdown drying 
system, which must be housed in an enclosed system that uses a venturi 
scrubber, thickener, filter press and electric dryer under negative 
pressure.
    Subsection (E) of Rule R18-2-B1301.01 includes contingency 
requirements for increasing the frequency of road cleaning if the 
Hayden area does not attain the NAAQS by the attainment date or make 
RFP. The remainder of the rule includes monitoring, compliance 
demonstration, recordkeeping, and reporting requirements. Appendix 15 
includes test methods and procedures for determining compliance with 
opacity limits on unpaved roads, silt content on trafficked parts of 
unpaved roads, and a qualification and testing section for certifying 
observers in measuring opacity and road stabilization. These 
requirements address the known sources of fugitive dust resulting from 
operations surrounding the Hayden Facility that may contribute to 
airborne lead emissions. We compared these requirements in our TSD 
reviewing Rule R18-2-B1301.01 with the primary copper smelter NESHAP 
and SCAQMD Rule 1420.1 for lead control. Rule R18-2-B1301.01 is more 
stringent than the primary copper smelter NESHAP. For example, Rule 
R18-2-B1301.01 includes specific fugitive dust requirements and a 20 
percent opacity limit for lead-bearing fugitive dust, whereas the 
NESHAP contains more general requirements for a fugitive dust plan and 
no opacity limit for fugitive dust. We concluded that while the SCAQMD 
rule was more stringent in some respects (i.e., requiring total 
enclosure of the facility, lower speed limits, more frequent sweeping 
schedules), it was also intended for a different type of facility (lead 
battery recycling) and therefore was not directly comparable to the 
Hayden Facility.
    We also compared these requirements to those found in various RACM/
RACT particulate matter (PM) rules, as the controls for lead-bearing 
fugitive dust in a context like the Hayden Facility are like those for 
controlling PM. We found that Rule R18-2-B1301.01 was as stringent or 
more stringent than those PM rules. For example, in addition to a 20 
percent opacity limit and requirements for chemical dust suppressant 
and soil stabilization, which are also included in the PM rules, Rule 
R18-2-B1301.01 has requirements for unpaved roads and corrective 
measures for visible emissions that are not found in the PM rules.
3. Proposed Actions on RACM/RACT Demonstration and Adopted Control 
Strategy
    For the reasons described above, we find that the control measures 
required under Rules R18-2-B1301 and R18-2-B1301.01 and reflected in 
the 2017 Hayden Lead Plan are reasonably available for the Hayden 
Facility. In addition, as explained in the following section, ADEQ's 
air quality modeling indicates these measures are sufficient to provide 
for attainment in the Hayden Lead NAA. These measures are required to 
be implemented by July 1, 2018 (for Rule R18-2-B1301) and December 1, 
2018 (for Rule R18-2-B1301.01). We believe these are the most 
expeditious dates practicable, given the history of planning for this 
source, the current time frame for implementation, and the complexity 
of these control measures. Accordingly, we propose to find that the 
RACM/RACT measures are both reasonably available and provide for 
attainment as expeditiously as practicable in the Hayden Lead NAA. 
Therefore, we propose to find that the 2017 Hayden Lead Plan provides 
for the implementation of RACM/RACT as required by CAA section 
172(c)(1).

D. Attainment Demonstration

1. Requirements for Attainment Demonstration
    CAA section 172 requires a state to submit a plan for each of its

[[Page 31094]]

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 required to 
meet the RACT, RACM, and RFP requirements in the area;
    (3) Additional 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 three parts are described in the 
sections on emissions inventories and RACM/RACT above and in the 
sections on air quality modeling and the attainment demonstration that 
follow immediately below. The requirements for the fourth part are 
described below in section IV.F.
2. Air Quality Modeling in the 2017 Hayden Lead Plan
    In the following discussion we evaluate various features of the 
modeling that ADEQ used in its attainment demonstration. The lead 
attainment demonstration must include air quality dispersion modeling 
developed in accordance with EPA's Guideline on Air Quality Models, 40 
CFR part 51, appendix W (``Appendix W'').\32\ A more detailed 
description of the modeling used to support this action and our review 
can be found in the 2017 Hayden Lead Plan, Appendix B, Modeling 
Technical Support Document: Hayden Pb State Implementation Plan 
Revision (``ADEQ Modeling TSD'') and our TSD for today's proposed 
action.
---------------------------------------------------------------------------

    \32\ The EPA published revisions to Appendix Wat 82 FR 5182 
(January 17, 2017).
---------------------------------------------------------------------------

a. Model Selection
    In 2005, the EPA promulgated AERMOD as the Agency's preferred near-
field dispersion model for a wide range of regulatory applications 
addressing stationary sources (e.g., for estimating lead 
concentrations) in all types of terrain, based on extensive 
developmental and performance evaluation. The State used AERMOD version 
15181 to model all emission sources using regulatory default 
options.\33\ After submitting the Plan, ADEQ discovered an error in the 
processing of the Camera Hill meteorological data. In May 2018, ADEQ 
submitted revised modeling using corrected Camera Hill meteorological 
data and AERMOD version 16216r,\34\ which the EPA designated as the 
regulatory version of AERMOD in January 2017.\35\ All other inputs 
remained the same. The remainder of this section refers to results of 
the revised modeling, which effectively supersedes the modeling 
originally submitted with the Plan.
---------------------------------------------------------------------------

    \33\ The EPA periodically releases updated versions of AERMOD. 
At the time the State conducted its modeling, version 15181, the 
then-current regulatory version, was released with several beta 
options. The regulatory default for version 15181 is the use of 
version 15181, as released by the EPA, without the use of any of the 
beta options. See https://www.epa.gov/scram/air-quality-dispersion-modeling-preferred-and-recommended-models.
    \34\ See email from Farah Mohammadesmaeili, ADEQ to Rynda Kay, 
EPA, Region 9, dated May 22, 2018.
    \35\ See 82 FR 5182, 5189 (January 17, 2017).
---------------------------------------------------------------------------

    The modeling domain was centered on the Hayden Facility and 
extended to the edges of the Hayden Lead NAA. A grid spacing of 25 
meters was used to resolve AERMOD model concentrations along the 
ambient air boundary surrounding the Hayden Facility and was increased 
toward the edges of the NAA. Receptors were excluded within the ambient 
air boundary, which is generally defined by the facility's physical 
fence line, except in certain areas where the State inspected the 
terrain and concluded steep topography precludes public access.\36\ We 
conclude that the model receptors placed by the State adequately 
characterize ambient air conditions.
---------------------------------------------------------------------------

    \36\ Ambient air is considered to be the air in those areas 
where the public generally has access. Non-ambient air generally 
includes property owned or controlled by the source to which access 
by the public is prohibited by a fence or other effective physical 
barrier.
---------------------------------------------------------------------------

b. Meteorological Data
    ADEQ conducted its modeling using meteorological data collected 
between August 2013 and August 2014 at two on-site surface 
meteorological stations: The Camera Hill site located approximately 
0.35 kilometer (km) south of the smelter building, and the Hayden Old 
Jail site located approximately 1.06 km west of the concentrator and 
smelter complexes at the Hayden Facility. Due to the complex topography 
of the area, wind speed and direction can vary significantly between 
the two stations. The State conducted a performance evaluation to test 
which meteorological dataset performs best when AERMOD-predicted 
concentrations are compared to monitored concentrations.\37\ The State 
concluded emissions from the main stack and those emanating from the 
smelter building roofline are best represented by Camera Hill, while 
lower elevation sources were best represented by Hayden Old Jail, and 
used these respective data sets for those sources. Accordingly, ADEQ 
ran the model separately for each set of sources and summed the results 
appropriately. The State provided audit reports for each monitoring 
station to document the station's installation and data collection 
procedures.\38\ The State used AERMET version 16216 to process 
meteorological data for use with AERMOD.
---------------------------------------------------------------------------

    \37\ See email from Farah Mohammadesmaeili, ADEQ, to Rynda Kay, 
EPA Region 9, dated May 25, 2018.
    \38\ See email from Farah Mohammadesmaeili, ADEQ, to Rynda Kay, 
EPA Region 9, dated May 22, 2018.
---------------------------------------------------------------------------

    The State used AERSURFACE version 13016 using data from the Camera 
Hill and Hayden Old Jail sites to estimate the surface characteristics 
(i.e., albedo, Bowen ratio, and surface roughness (zo)). The 
State estimated zo values for 12 spatial sectors out to 1 km 
at a seasonal temporal resolution for average conditions. We conclude 
that the State appropriately selected meteorological sites, properly 
processed meteorological data, and adequately estimated surface 
characteristics.
    ADEQ used the Auer (1978) \39\ land use method, with land cover 
data from the United States Geological Survey National Land Cover Data 
1992 archives, to determine that the 3-km area around the Hayden 
Facility is composed of 96.2 percent rural land types. Therefore, the 
State selected rural dispersion coefficients for modeling. We agree 
with the ADEQ's determination that the facility should be modeled as a 
rural source.
---------------------------------------------------------------------------

    \39\ See Auer, A.H., 1978. Correlation of Land Use and Cover 
with Meteorological Anomalies. Journal of Applied Meteorology, 
17(5):636-643.
---------------------------------------------------------------------------

c. Emissions Data
    ADEQ developed a modeling emissions inventory based on 2012 data 
for sources within the Hayden Lead NAA and for the 50-km buffer zone 
extending from the NAA boundary. In 2012, the Hayden Facility emitted 
3.43 tpy lead, accounting for more than 99 percent of lead emissions in 
the Hayden Lead NAA. The Freeport McMoRan Incorporated copper smelter, 
located 46 km north of the Hayden Facility, emitted 4.87 tons of lead 
in 2012; however, the two smelters are separated by large mountains, 
making these two airsheds distinct. The State determined that aside 
from the Hayden facility, no

[[Page 31095]]

other sources were drivers of nonattainment or have the potential to 
cause significant concentration gradients in the vicinity of the Hayden 
Lead NAA. We agree with the State's determination that only Hayden 
Facility emissions need to be included in the attainment modeling.
    Asarco is undertaking substantial upgrades to the Facility that 
will reduce lead and other pollutant emissions (see section IV.C, 
above). The State modeled post-upgrade lead emissions based on an 
emission limit of 0.67 lb/hour for the main stack and emission 
estimates for fugitive emission sources based on control requirements 
in Rules R18-2-B1301 and R18-2-B1301.01. These rules address roofline 
vents over the anode furnace, converter aisle, and the flash furnace; 
outdoor slag pouring; materials storage and handling (bedding area, 
revert piles, concentrate storage), paved and unpaved roads, crushing 
and screening, and a gas cleaning plant. The State provided details and 
supporting information for the control efficiencies assumed in 
developing model emission rates. This information, which we reviewed 
and agree is reasonable, is contained in multiple appendices \40\ and 
supporting spreadsheets \41\ that were submitted with the Plan.
---------------------------------------------------------------------------

    \40\ See Plan Appendix B (ADEQ Modeling TSD), Section 5, and 
Appendix A (ADEQ Emission Inventory TSD), Section 7.
    \41\ Detailed information on 2019 projected emission estimates 
is contained in spreadsheet ``2012 Actuals & 2019 
projections.xlsx,'' while supporting information for the maximum 
allowable PTE estimates is contained in ``Facility PTE.xlsm.''
---------------------------------------------------------------------------

    The State adequately characterized source parameters (as described 
in detail in our TSD) as well as the Facility's building layout and 
locations in its modeling. Where appropriate, the Building Profile 
Input Program for PRIME, which is a component of AERMOD, was used to 
assist in characterizing building downwash.
d. Background Concentrations
    ADEQ selected background lead concentrations using ambient air 
measurements recorded in 2013 at Children's Park monitor in Tucson, 
Arizona (AQS ID: 04-019-1028), a regionally representative site. This 
monitor began measuring 24-hour mean concentrations of lead in total 
suspended particulate in February 2012 and operated through May 2016. 
The State used all available measurements during 2013 and calculated a 
mean concentration of 0.0028 [mu]g/m\3\. The State used this as the 
background concentration, and added it to the modeled design 
values.\42\ The State determined that it was more appropriate to base a 
background concentration on data from this site as opposed to using 
monitoring data near the Hayden Facility during smelter shut-down 
periods. During shut-downs an increased amount of material handling 
occurs throughout the facility, elevating the observed concentrations. 
We agree that ADEQ appropriately and conservatively calculated 
background concentrations.
---------------------------------------------------------------------------

    \42\ Data from 2013 were used because two months of data were 
missing in the 2012 base year.
---------------------------------------------------------------------------

e. Summary of Results
    The EPA has reviewed ADEQ's attainment demonstration for the Hayden 
Lead NAA and is proposing to determine that the supporting modeling is 
consistent with CAA requirements and Appendix W. The State's modeling 
indicates that if the Facility were to emit at maximum allowed levels, 
the maximum 3-month average ambient concentration would be 0.14165 
[mu]g/m\3\, which is below the NAAQS level of 0.15 [mu]g/m\3\.\43\ \44\ 
This modeled concentration includes the background lead concentration 
of 0.0028 [micro]g/m\3\. The modeling indicates that the controls 
required under Rules R18-2-B1301 and R18-2-B1301.01 are sufficient for 
the Hayden Lead NAA to attain the 2008 lead NAAQS.
---------------------------------------------------------------------------

    \43\ See ``Hayden-Pb-Modeling Notes-05142018'' (attached to 
email from Farah Mohammadesmaeili, ADEQ, to Rynda Kay, EPA Region 9, 
dated May 22, 2018), and Memo to Rulemaking Docket EPA-R09-OAR-2018-
0222 titled ``Revised Attainment Demonstration and Contingency 
Measure Modeling--LEADPOST Output Files,'' from Rynda Kay, EPA 
Region 9, dated June 12, 2018.
    \44\ As illustrated in Table 5 of today's action, actual 
emissions are expected to be well below allowable levels.
---------------------------------------------------------------------------

E. Reasonable Further Progress Demonstration

1. Requirements for RFP
    CAA section 172(c)(2) requires that attainment plans shall provide 
for RFP. RFP is defined in section 171(1) as such annual incremental 
reductions in emissions of the relevant air pollutant as are required 
by CAA title I, part D for nonattainment areas or may reasonably be 
required by the Administrator for the purpose of ensuring attainment of 
the applicable NAAQS by the applicable date. Historically, RFP has been 
met through generally linear incremental progress toward attainment by 
the applicable attainment date. However, the EPA believes that RFP for 
lead nonattainment areas should be met by ``adherence to an ambitious 
compliance schedule,'' which is expected to periodically yield 
significant emission reductions, and as appropriate, linear 
progress.\45\
---------------------------------------------------------------------------

    \45\ 73 FR 66964 at 67038.
---------------------------------------------------------------------------

    The EPA recommends that SIPs for lead nonattainment areas provide a 
detailed schedule for compliance with RACM (including RACT) in the 
affected areas and accurately indicate the corresponding annual 
emission reductions to be achieved,\46\ and expects that a detailed 
schedule would provide for periodic yields in significant emissions 
reductions.\47\ We believe that it is appropriate to expect early 
implementation of less technology-intensive control measures (e.g., 
controlling fugitive dust emissions at the stationary source, as well 
as required controls on area sources) while phasing in the more 
technology-intensive control measures, such as those involving the 
purchase and installation of new hardware. The expeditious 
implementation of RACM/RACT at affected sources within the 
nonattainment area is an appropriate approach to assure attainment of 
the lead NAAQS in an expeditious manner.\48\
---------------------------------------------------------------------------

    \46\ Id., at 67039; Lead Q&A, p. 2.
    \47\ Id.
    \48\ See 73 FR 66964 (November 12, 2008) at 67038-67039.
---------------------------------------------------------------------------

2. RFP Demonstration in the 2017 Hayden Lead Plan
    The RFP demonstration for the Hayden area is located in Chapter 4 
of the 2017 Hayden Lead Plan. The Plan includes a detailed schedule for 
the expeditious implementation of key controls required under Rules 
R18-2-B1301 and R18-2-B1301.01, along with the emissions reductions 
associated with these controls, as shown in Table 6.\49\ Failure to 
implement any of these control measures by the associated deadline 
would constitute a failure to make RFP and thus trigger implementation 
of contingency measures, as described in section IV.F below.
---------------------------------------------------------------------------

    \49\ The Plan bases certain implementation dates on the date of 
EPA's approval of Asarco's fugitive dust plan under Consent Decree 
No. CV-15-02206-PHX-DLR (D. Ariz). See Plan Table 23. The EPA 
approved the wind fence elements of the fugitive dust plan on June 
26, 2017 and December 20, 2017. See Letters from Matt Salazar, EPA 
Region 9, to Joseph Wilhelm, Asarco, dated June 26, 2017 and 
December 20, 2017. The remaining elements were approved on March 15, 
2018. See Letter from Matt Salazar, EPA Region 9, to Joseph Wilhelm, 
Asarco, dated March 15, 2018. The implementation dates in Table 6 
are calculated accordingly.

[[Page 31096]]



    Table 6--Control Implementation Schedule and Emission Reductions
------------------------------------------------------------------------
                                                           Pb emissions
          Control measure                  Date of          reduced per
                                       implementation       year (tpy)
------------------------------------------------------------------------
Implementation of chemical dust     April 14, 2018......         0.018
 suppression for unpaved roads.
Implementation of wind fences for   October 24, 2017 and         0.00488
 materials piles (uncrushed          April 18, 2018.
 reverts, reverts crushing and
 crushed reverts, bedding
 materials, and concentrate).
Implementation of water sprays for  July 13, 2018.......
 materials piles (uncrushed
 reverts, reverts crushing and
 crushed reverts, bedding
 materials, and concentrate).
Implementation of new acid plant    November 30, 2016...         0.190
 scrubber blowdown drying system.
Implementation of new primary,      July 1, 2018........         1.318
 secondary, and tertiary hooding
 systems for converter aisle.
Implementation of new ventilation   July 1, 2018........         0.393
 system for matte tapping and slag
 skimming for flash furnace.
------------------------------------------------------------------------
Source: Plan, Table 23.

    For informational purposes, Figures 7 and 8 in the Plan also depict 
past and projected changes to ambient concentrations of lead. These 
figures demonstrate that implementation of the controls required under 
the Plan will bring the ambient concentration in the Hayden Lead NAA 
into compliance with the lead NAAQS. The ambient concentration 
projections also support the State's contingency measure analysis, as 
discussed below.
3. Proposed Action on the RFP Demonstration
    Consistent with EPA guidance, the Hayden lead SIP provides a 
detailed schedule for implementing required controls and accurately 
indicates the corresponding annual emission reductions to be 
achieved.\50\ These reductions will occur at sources, such as unpaved 
roads and various non-smelting fugitive sources that have a greater 
influence on the maximum predicted ambient impacts than the smelter 
point sources and the schedule provides for periodic yields in 
significant emissions reductions sufficient to attain the NAAQS. We 
therefore propose to find that the 2017 Hayden Lead Plan meets the 
requirements of section 172(c)(2) for RFP.
---------------------------------------------------------------------------

    \50\ See Table 6.
---------------------------------------------------------------------------

F. Contingency Measures

1. Requirements for Contingency Measures
    Under CAA section 172(c)(9), all lead attainment plans must include 
contingency measures to be implemented if an area fails to meet RFP or 
fails to attain the lead NAAQS by the applicable attainment date. These 
contingency measures must be fully adopted rules or control measures 
that are ready to be implemented quickly and without significant 
additional action by the state or the EPA if the area fails to meet RFP 
requirements or fails to meet its attainment date. They must also be 
measures not relied on to demonstrate RFP or attainment in the plan and 
should provide SIP-creditable emissions reductions generally equivalent 
to about one year's worth of RFP. The EPA has explained that, ``where a 
single source is responsible for nonattainment, it may be possible to 
identify the amount of reductions required by reference to reductions 
in ambient air concentrations.'' \51\ Finally, the SIP should contain a 
trigger mechanism for the contingency measures and specify a schedule 
for their implementation.\52\
---------------------------------------------------------------------------

    \51\ See Lead Q&A, p.3.
    \52\ See CAA section 172(c)(9).
---------------------------------------------------------------------------

    The EPA recognizes that certain actions, such as the notification 
of sources, modification of permits, etc., may be needed before a 
measure can be implemented. However, states must show that their 
contingency measures can be implemented with only minimal further 
action on their part and with no additional rulemaking actions such as 
public hearings or legislative review. The EPA generally expects all 
actions needed to affect full implementation of the contingency 
measures to occur within 60 days after the EPA notifies the state of 
such failure.\53\ The state should therefore ensure that the measures 
are fully implemented as expeditiously as practicable after the 
requirement takes effect.
---------------------------------------------------------------------------

    \53\ 73 FR 66964 at 67039.
---------------------------------------------------------------------------

2. Contingency Measure in the 2017 Hayden Lead Plan
    Chapter 4 of the 2017 Hayden Lead Plan describes the contingency 
measure that will be implemented if the area fails to meet RFP or fails 
to attain by its attainment date. The contingency measure and the 
associated calculations are summarized below.
    Because lead concentrations in the Hayden area are almost entirely 
attributable to the Asarco smelter, ADEQ chose to use ambient air 
concentrations to demonstrate equivalency to a year's worth of RFP. To 
determine the amount of emissions reductions needed for contingency 
measures (annual average RFP) ADEQ used the following equation:

(2012 highest monitored concentration--2019 modeled concentration)/7 
years = Annual Average RFP

    Using this equation, ADEQ initially calculated it would need a 
contingency measure that would achieve a reduction in ambient lead 
concentrations of at least 0.0114 [mu]g/m\3\.\54\ Based on the revised 
modeling submitted by ADEQ in May 2018, the contingency measure would 
need to achieve a reduction of at least 0.0086 [mu]g/m\3\.\55\
---------------------------------------------------------------------------

    \54\ 0.20 [mu]g/m\3\-0.12 [mu]g/m\3\/7 years = 0.0114 [mu]g/
m\3\.
    \55\ See Memo to Rulemaking Docket EPA-R09-OAR-2018-0222 titled 
``Revised Attainment Demonstration and Contingency Measure 
Modeling--LEADPOST Output Files,'' from Rynda Kay, EPA Region 9, 
dated June 12, 2018.
---------------------------------------------------------------------------

    ADEQ Rule R18-2-B1301.01 requires that Asarco increase the 
frequency of paved road cleaning from once per day to twice per day 
within 60 days of notification by the EPA that the area has failed to 
make RFP or to attain by the statutory attainment date.\56\ To 
determine the benefit of the increased road cleaning frequency, ADEQ 
applied a 45 percent reduction to the paved road silt content 
percentage that Asarco reported in its 2015 emissions inventory (which 
reflected once-daily street sweeping).\57\ The State determined that

[[Page 31097]]

the implementation of this measure would reduce the modeled design 
value from 0.14165 [mu]g/m\3\ to 0.12935 [mu]g/m\3\.\58\ This amounts 
to a reduction of 0.0123 [mu]g/m\3\, which exceeds the amount of 
reductions required from contingency measures (one year's RFP).
---------------------------------------------------------------------------

    \56\ The EPA approved this rule on February 22, 2018 (83 FR 
7614).
    \57\ To cross check the emissions inventory, ADEQ back-
calculated the silt content percentage on paved roads to determine 
if it was consistent with emissions factors in AP-42. ADEQ assumed 
the 9.5 percent silt content was the result of a 45 percent 
reduction due to once daily street sweeping. The 45 percent figure 
is consistent with the Maricopa Association of Governments' Five 
Percent Plan for PM10, which used a 55 percent reduction, 
but adds in a 10 percent safety margin. The EPA approved the Five 
Percent Plan on June 10, 2014 (79 FR 33107). Using this assumption, 
ADEQ calculated the silt content percentage on paved roads without 
once-daily street sweeping to be approximately 21 percent, which is 
in line with the range of values in AP-42 (15.4-21.7 percent).
    \58\ See ``Hayden-Pb-Modeling Notes-05142018'' (attached to 
email from Farah Mohammadesmaeili, ADEQ, to Rynda Kay, EPA Region 9, 
dated May 22, 2018), Section 4.7.3 and Appendix E of the Plan, and 
Memo to Rulemaking Docket EPA-R09-OAR-2018-0222 titled ``Revised 
Attainment Demonstration and Contingency Measure Modeling--LEADPOST 
Output Files,'' from Rynda Kay, EPA Region 9, dated June 12, 2018.
---------------------------------------------------------------------------

3. Proposed Action on the Contingency Measures
    Rule R18-2-B1301.01, which includes a schedule for prompt 
implementation of the contingency measure, is fully adopted by the 
State and has been approved by the EPA. The reductions generated by the 
contingency measure exceed one year's RFP. We therefore propose to find 
that the State has demonstrated that the 2017 Hayden Lead Plan meets 
the requirements of section 172(c)(9) for contingency measures that 
would be triggered for failure to make RFP and/or for failure to 
attain.

G. New Source Review

1. Requirements for NSR
    States containing areas designated as nonattainment for the lead 
NAAQS must submit SIPs that address the requirements of nonattainment 
NSR. Specifically, CAA section 172(c)(5) requires states that have 
areas designated as nonattainment for the lead NAAQS to submit 
provisions requiring permits for the construction and operation of new 
or modified stationary sources anywhere in the nonattainment area, in 
accordance with the permit requirements under CAA section 173.
2. NSR in the 2017 Hayden Lead Plan
    The 2017 Hayden Lead Plan explains that in 2012 ADEQ submitted a 
SIP revision to update its NSR program and that the EPA subsequently 
issued a limited approval/limited disapproval of this SIP revision.\59\ 
ADEQ also noted that it had revised its rules to correct the 
deficiencies identified in the limited approval/limited disapproval and 
intended to submit these changes as a SIP revision. ADEQ subsequently 
submitted this revision and, on May 4, 2018, the EPA approved it into 
the SIP.\60\ These two recent SIP revisions ensure that ADEQ's rules 
provide for appropriate NSR for lead sources undergoing construction or 
major modification in the Hayden Lead NAA. Therefore, the EPA concludes 
that the NSR requirements have been met for this area.
---------------------------------------------------------------------------

    \59\ 80 FR 67319 (November 2, 2015).
    \60\ 83 FR 19631 (May 4, 2018).
---------------------------------------------------------------------------

3. Proposed Action on NSR
    We propose to find that the State has demonstrated that the Arizona 
SIP meets the requirements of CAA section 172(c)(5) for the Hayden Lead 
NAA.

V. The EPA's Proposed Action and Request for Public Comments

A. The EPA's Proposed Approvals

    This SIP submittal addresses CAA requirements and EPA regulations 
for expeditious attainment of the 2008 lead NAAQS for the Hayden Lead 
NAA. For the reasons discussed above, the EPA is proposing to approve 
under CAA section 110(k)(3) the following elements of the 2017 Hayden 
Lead Plan:
    (1) The SIP's base year emissions inventory as meeting the 
requirements of CAA section 172(c)(3) and 40 CFR 51.117(e)(1);
    (2) the attainment demonstration, including air quality modeling, 
as meeting the requirements of CAA section 172(c)(1);
    (3) the RACM/RACT demonstration as meeting the requirements of CAA 
section 172(c)(1);
    (4) the RFP demonstration as meeting the requirements of CAA 
section 172(c)(2); and
    (5) the contingency measures as meeting the requirements of the CAA 
section 172(c)(9);
    We are also proposing to find that the State has demonstrated that 
the Arizona SIP meets the requirements of CAA section 172(c)(5) for the 
Hayden Lead NAA.

B. Request for Public Comments

    We are taking public comments for thirty days following the 
publication of this proposed rule in the Federal Register. We will take 
all comments into consideration in our final rule.

IV. Statutory and Executive Order Reviews

    Under the 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, the EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted 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 Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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 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

[[Page 31098]]

FR 67249, November 9, 2000). We have offered to consult with the San 
Carlos Apache Tribe, which has lands bordering on the Hayden Lead 
NAA.\61\
---------------------------------------------------------------------------

    \61\ See letter from Matthew Lakin, EPA Region 9, to Terry 
Rambler, San Carlos Apache Tribe, dated December 18, 2017.
---------------------------------------------------------------------------

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 21, 2018.
Michael Stoker,
Regional Administrator, Region IX.
[FR Doc. 2018-14198 Filed 7-2-18; 8:45 am]
BILLING CODE 6560-50-P



                                                                            Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules                                                    31087

                                                  contained comments that were either                      demonstration, the contingency                          B. Infrastructure SIPs for Lead
                                                  supportive of the DFR or were                            measure, and the new source review                    IV. Review of the 2017 Hayden Lead Plan
                                                  considered not to be significant adverse                 (NSR) provisions of the submittal as                    A. Summary of the EPA’s Proposed
                                                  comments (Document IDs OSHA–2018–                        meeting the requirements of the CAA                        Actions
                                                  0003–0004 thru OSHA–2018–0003–                           and the EPA’s implementing regulations                  B. Emissions Inventories
                                                  0010). Three of these submissions also                   for the 2008 lead national ambient air                  C. Reasonably Available Control Measure/
                                                                                                                                                                      Reasonably Available Control
                                                  contained comments that were outside                     quality standard (NAAQS).
                                                                                                                                                                      Technology Demonstration and Adopted
                                                  the scope of the DFR and OSHA is not                     DATES: Any comments on this proposal                       Control Strategy
                                                  considering portions of those                            must arrive by August 2, 2018.                          D. Attainment Demonstration
                                                  submissions that are outside the scope                   ADDRESSES: Submit comments,                             E. Reasonable Further Progress
                                                  (OSHA–2018–0003–0004 thru OSHA–                          identified by docket number EPA–R09–                       Demonstration
                                                  2018–0003–0006). Accordingly, OSHA                       OAR–2018–0222, at http://                               F. Contingency Measures
                                                  is not proceeding with the proposed                      www.regulations.gov, or via email to                    G. New Source Review
                                                  rule and is withdrawing it from the                      Vagenas.Ginger@epa.gov. For comments                  V. The EPA’s Proposed Action and Request
                                                  rulemaking process.                                      submitted at Regulations.gov, follow the                   for Public Comments
                                                                                                           online instructions for submitting                      A. The EPA’s Proposed Approvals
                                                  List of Subjects in 29 CFR Part 1910                                                                             B. Request for Public Comments
                                                    Beryllium, General industry, Health,                   comments. Once submitted, comments
                                                                                                                                                                 VI. Statutory and Executive Order Reviews
                                                  Occupational safety and health.                          cannot be edited or removed from
                                                                                                           Regulations.gov. For either manner of                 I. Background
                                                  Authority and Signature                                  submission, the EPA may publish any
                                                                                                                                                                 A. The Lead NAAQS
                                                    Loren Sweatt, Deputy Assistant                         comment received to its public docket.
                                                  Secretary of Labor for Occupational                      Do not submit electronically any                         Under the CAA, the EPA must
                                                  Safety and Health, directed the                          information you consider to be                        establish NAAQS for six pollutants,
                                                  preparation of this document under the                   Confidential Business Information (CBI)               including lead. Lead is generally
                                                  following authorities: Sections 4, 6, and                or other information whose disclosure is              emitted in the form of particles that are
                                                  8 of the Occupational Safety and Health                  restricted by statute. Multimedia                     deposited in water, soil, and dust.
                                                  Act of 1970 (29 U.S.C. 653, 655, 657),                   submissions (audio, video, etc.) must be              People may be exposed to lead by
                                                  Secretary of Labor’s Order 5–2007 (72                    accompanied by a written comment.                     inhaling it or by ingesting lead-
                                                  FR 31159), and 29 CFR part 1911.                         The written comment is considered the                 contaminated food, water, soil, or dust.
                                                                                                           official comment and should include                   Once in the body, lead is quickly
                                                    Signed at Washington, DC, on June 27,
                                                  2018.
                                                                                                           discussion of all points you wish to                  absorbed into the bloodstream and can
                                                                                                           make. The EPA will generally not                      result in a broad range of adverse health
                                                  Loren Sweatt,
                                                                                                           consider comments or comment                          effects including damage to the central
                                                  Deputy Assistant Secretary of Labor for
                                                                                                           contents located outside of the primary               nervous system, cardiovascular
                                                  Occupational Safety and Health.
                                                                                                           submission (i.e., on the Web, cloud, or               function, kidneys, immune system, and
                                                  [FR Doc. 2018–14275 Filed 7–2–18; 8:45 am]
                                                                                                           other file sharing system). For                       red blood cells. Children are
                                                  BILLING CODE 4510–26–P
                                                                                                           additional submission methods, please                 particularly vulnerable to lead exposure,
                                                                                                           contact the person identified in the FOR              in part because they are more likely to
                                                                                                           FURTHER INFORMATION CONTACT section.                  ingest lead and in part because their
                                                  ENVIRONMENTAL PROTECTION                                 For the EPA’s full public comment                     still-developing bodies are more
                                                  AGENCY                                                   policy, information about CBI or                      sensitive to the effects of lead. The
                                                                                                           multimedia submissions, and general                   harmful effects to children’s developing
                                                  40 CFR Part 52
                                                                                                           guidance on making effective                          nervous systems (including their brains)
                                                  [EPA–R09–OAR–2018–0222; FRL–9980–                        comments, please visit http://                        arising from lead exposure may include
                                                  21—Region 9]                                             www2.epa.gov/dockets/commenting-                      IQ 1 loss, poor academic achievement,
                                                                                                           epa-dockets.                                          long-term learning disabilities, and an
                                                  Approval of Arizona Air Plan; Hayden
                                                                                                           FOR FURTHER INFORMATION CONTACT:                      increased risk of delinquent behavior.
                                                  Lead Nonattainment Area Plan for the
                                                  2008 Lead Standard                                       Ginger Vagenas, EPA Region IX, 415–                      The EPA first established a lead
                                                                                                           972–3964, vagenas.ginger@epa.gov.                     standard in 1978 at 1.5 micrograms per
                                                  AGENCY:  Environmental Protection                        SUPPLEMENTARY INFORMATION:                            meter cubed (mg/m3) as a quarterly
                                                  Agency (EPA).                                            Throughout this document, the terms                   average.2 Based on new health and
                                                  ACTION: Proposed rule.                                   ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ mean the EPA.             scientific data, the EPA revised the
                                                  SUMMARY:   The Environmental Protection                  Table of Contents                                     federal lead standard to 0.15 mg/m3 and
                                                  Agency (EPA) is proposing to approve a                                                                         revised the averaging time for the
                                                                                                           I. Background                                         standard on October 15, 2008.3 A
                                                  state implementation plan (SIP) revision                    A. The Lead NAAQS
                                                  submitted by the State of Arizona to                                                                           violation of the standard occurs when
                                                                                                              B. Designation of the Hayden Lead NAA
                                                  meet Clean Air Act (CAA or ‘‘Act’’)                         C. CAA Requirements for Lead
                                                                                                                                                                 ambient lead concentrations exceed 0.15
                                                  requirements applicable to the Hayden                          Nonattainment Areas
                                                                                                                                                                   1 IQ (intelligence quotient) is a score created by
                                                  lead (Pb) nonattainment area (‘‘Hayden                      D. Sources of Lead in the Hayden Lead
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                                                                                                                 NAA                                             dividing a person’s mental age score, obtained by
                                                  Lead NAA’’). The EPA is proposing to                                                                           administering an intelligence test, by the person’s
                                                  approve the base year emissions                          II. Arizona’s SIP Submittal To Address the
                                                                                                                                                                 chronological age, both expressed in terms of years
                                                  inventory, the attainment                                      Hayden Lead NAA                                 and months. ‘‘Glossary of Important Assessment
                                                                                                              A. Arizona’s SIP Submittal                         and Measurement Terms,’’ Philadelphia, PA:
                                                  demonstration, the control strategy,                        B. CAA Procedural and Administrative               National Council on Measurement in Education.
                                                  including reasonably available control                         Requirements for SIP Submittals                 2016.
                                                  technology and reasonably available                      III. CAA and Regulatory Requirements for                2 See 43 FR 46246 (October 5, 1978).
                                                  control measures demonstrations, the                           Lead Attainment SIPs                              3 See 73 FR 66964 (November 12, 2008) (‘‘lead

                                                  reasonable further progress                                 A. CAA and EPA Guidance                            NAAQS rule’’).



                                             VerDate Sep<11>2014   16:24 Jul 02, 2018   Jkt 244001   PO 00000   Frm 00010   Fmt 4702   Sfmt 4702   E:\FR\FM\03JYP1.SGM   03JYP1


                                                  31088                     Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules

                                                  mg/m3 averaged over a 3-month rolling                    later than five years after designation.8             reasonable public notice and
                                                  period.                                                  The CAA requires that the SIP include                 opportunity for public hearing prior to
                                                                                                           emissions inventories, a reasonable                   the adoption and submittal of a SIP or
                                                  B. Designation of the Hayden Lead NAA
                                                                                                           further progress (RFP) demonstration, a               SIP revision. To meet this requirement,
                                                     The process for designating areas                     reasonably available control measures/                every SIP submittal should include
                                                  following promulgation of a new or                       reasonably available control technology               evidence that adequate public notice
                                                  revised NAAQS is set forth in section                    (RACM/RACT) demonstration, an                         was given and a public hearing was held
                                                  107(d) of the CAA. The CAA requires                      attainment demonstration, and                         consistent with the EPA’s implementing
                                                  the EPA to complete the initial area                     contingency measures. In general, to                  regulations in 40 CFR 51.102.
                                                  designations process within two years of                 demonstrate timely attainment, control                   ADEQ has satisfied applicable
                                                  promulgating a new or revised NAAQS.                     measures need to be implemented as                    statutory and regulatory requirements
                                                  Section 107(d) of the CAA allows the                     expeditiously as practicable.                         for reasonable public notice and hearing
                                                  EPA to extend the period for initial                                                                           prior to adoption and submittal of the
                                                                                                           D. Sources of Lead in the Hayden Lead                 2017 Hayden Lead Plan. The State
                                                  designations for up to a year in cases
                                                                                                           NAA                                                   provided a public comment period and
                                                  where the available information is
                                                  insufficient to promulgate designations.                    Stationary sources of lead are                     held a public hearing prior to the
                                                  The initial designations for the 2008                    generally large industrial sources,                   adoption of the Plan on March 3, 2017.
                                                  lead NAAQS were established in two                       including metals processing,                          The SIP submittal includes notices of
                                                  rounds and were completed on                             particularly primary and secondary lead               the State’s public hearing as evidence
                                                  November 22, 2010 and November 22,                       smelters. Lead can also be emitted by                 that the hearing was properly noticed.11
                                                  2011.4 The EPA initially designated the                  iron and steel foundries, primary and                 We therefore find that the submittal
                                                  Hayden, Arizona area as unclassifiable                   secondary copper smelters, industrial,                meets the procedural requirements of
                                                  due to insufficient monitoring data.5                    commercial and institutional boilers,                 CAA sections 110(a) and 110(l).
                                                     The CAA grants the EPA the authority                  waste incinerators, glass manufacturing,                 CAA section 110(k)(1)(B) requires the
                                                  to change the designation of areas                       refineries, and cement manufacturing.                 EPA to determine whether a SIP
                                                  (‘‘redesignate’’) in light of changes in                 ADEQ has determined that the cause of                 submittal is complete within 60 days of
                                                  circumstances. More specifically, the                    the nonattainment status in the Hayden                receipt. This section also provides that
                                                  EPA has the authority under CAA                          area is the primary copper smelter                    any plan that the EPA has not
                                                  section 107(d)(3) to redesignate areas                   owned and operated by ASARCO, LLC                     affirmatively determined to be complete
                                                  based on air quality data, planning, and                 (‘‘Asarco’’). The State notes that this               or incomplete will become complete six
                                                  control considerations, or any other air                 facility ‘‘accounts for over 99 percent of            months after the date of submittal by
                                                  quality-related considerations. In June                  Pb emissions’’ and that the ‘‘[e]missions             operation of law. The EPA’s SIP
                                                  2013, we determined that quality                         generally come from the hot-metal                     completeness criteria are found in 40
                                                  assured, certified monitoring data                       smelting process and lead-bearing                     CFR part 51, appendix V. The 2017
                                                  collected in 2012 at the Arizona                         fugitive dust.’’ 9                                    Hayden Plan became complete by
                                                                                                              Because regional ambient air lead                  operation of law on September 3, 2017.
                                                  Department of Environmental Quality
                                                                                                           concentrations indicate low ambient
                                                  (ADEQ or ‘‘State’’) Globe Highway                                                                              III. CAA and Regulatory Requirements
                                                                                                           lead levels relative to the 2008 lead
                                                  monitor showed that the area was                                                                               for Lead Attainment SIPs
                                                                                                           NAAQS, and because the only ambient
                                                  violating the lead NAAQS. Accordingly,
                                                                                                           levels exceeding the NAAQS were at                    A. CAA and EPA Guidance
                                                  on May 2, 2014, the EPA issued a
                                                                                                           sites near the Asarco facility, ADEQ’s                   Requirements for the lead NAAQS are
                                                  proposal to redesignate the Hayden area
                                                                                                           lead attainment strategy is focused on                set forth in title 1, part D, subparts 1 and
                                                  to nonattainment for the 2008 lead                       reducing lead emissions generated by
                                                  NAAQS. That proposal was finalized on                                                                          5 of the CAA, which includes section
                                                                                                           this source.                                          172, ‘‘Nonattainment plan provisions in
                                                  September 3, 2014, effective October 3,
                                                  2014.6 7                                                 II. Arizona’s SIP Submittal To Address                general,’’ and sections 191 and 192,
                                                                                                           for the Hayden Lead NAA                               ‘‘Plan submission deadlines’’ and
                                                  C. CAA Requirements for Lead                                                                                   ‘‘Attainment dates,’’ respectively.
                                                  Nonattainment Areas                                      A. Arizona’s SIP Submittal                               Section 192(a) establishes that the
                                                     Designation of an area as                                ADEQ is the air quality agency that                attainment date for lead nonattainment
                                                  nonattainment starts the process for a                   develops SIPs for the Hayden area. The                areas is ‘‘as expeditiously as
                                                  state to develop and submit to the EPA                   SIP for the Hayden Lead NAA, entitled                 practicable’’ but no later than five years
                                                  a SIP under title 1, part D of the CAA.                  ‘‘SIP Revision: Hayden Lead                           from the date of the nonattainment
                                                  Under CAA sections 191(a) and 192(a),                    Nonattainment Area’’ (‘‘2017 Hayden                   designation for the area. The EPA
                                                  attainment demonstration SIPs for the                    Lead Plan’’ or ‘‘Plan’’) was due April 3,             designated the Hayden area as a
                                                  lead NAAQS are due 18 months after                       2016. It was adopted by ADEQ on                       nonattainment area effective October 3,
                                                  the effective date of an area’s                          March 3, 2017, and submitted to the                   2014, and thus the applicable
                                                  nonattainment designation and must                       EPA on the same day.10                                attainment date is no later October 3,
                                                  provide for attainment of the standard                                                                         2019. Under section 172(a)(2)(D), the
                                                                                                           B. CAA Procedural and Administrative
                                                  as expeditiously as practicable, but no                                                                        Administrator is precluded from
                                                                                                           Requirements for SIP Submittals
                                                                                                                                                                 granting an extension of this attainment
                                                                                                             CAA sections 110(a)(1) and (2) and
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                                                    4 See 75 FR 71033 and 76 FR 72097.                                                                           date because the statute separately
                                                    5 Arizona  Department of Environmental Quality’s       110(l) require a state to provide                     establishes a specific attainment date in
                                                  Globe Highway monitor registered four violations of                                                            section 192(a).
                                                  the lead NAAQS in 2011; however, at the time of             8 For the Hayden Lead NAA, the attainment date
                                                                                                                                                                    Section 172(c) contains the general
                                                  designation the data had not been quality assured        is October 3, 2019.
                                                  and certified. Consequently, we did not rely on             9 Plan, page 38.
                                                                                                                                                                 statutory planning requirements
                                                  them as the basis for a nonattainment designation.          10 See letter dated March 3, 2017, from Timothy    applicable to all nonattainment areas,
                                                    6 See 79 FR 52205.
                                                                                                           S. Franquist, Director, Air Quality Division, ADEQ,
                                                    7 For an exact description of the Hayden Lead          to Alexis Strauss, Acting Regional Administrator,       11 See 2017 Hayden Lead Plan, Appendix F,

                                                  NAA, see 40 CFR 81.303.                                  EPA Region IX.                                        Public Process Documentation.



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                                                                            Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules                                                       31089

                                                  including the requirements for                           modeling, among other things.                            of emissions in the area sufficient to
                                                  emissions inventories, RACM/RACT,                        Subsections (A) through (M) of section                   attain the NAAQS. The attainment
                                                  attainment demonstrations, RFP                           110(a)(2) set forth the elements that a                  inventory should generally contain
                                                  demonstrations, and contingency                          state’s program must contain in the SIP.                 maximum allowable emissions for the
                                                  measures. When the EPA issued the                        Arizona’s lead infrastructure SIP was                    attainment year for all sources within
                                                  lead NAAQS rule, we included some                        approved by the EPA on August 10,                        the modeling domain.16
                                                  guidelines for implementing these                        2015.14                                                     In addition to inventory reporting
                                                  planning requirements.12 The EPA also                                                                             requirements in CAA section 172(c)(3),
                                                                                                           IV. Review of the 2017 Hayden Lead                       40 CFR 51.117(e)(1) requires that the
                                                  issued several guidance documents                        Plan
                                                  related to planning requirements for the                                                                          inventory contain all point sources that
                                                  lead NAAQS.13 These include:                             A. Summary of the EPA’s Proposed                         emit 0.5 tons of lead emissions per year
                                                     • ‘‘2008 Lead (Pb) National Ambient                   Actions                                                  (tpy).17 Based on annual emissions
                                                  Air Quality Standards (NAAQS)                               The EPA is proposing to approve the                   reporting for 2011, the only point source
                                                  Implementation Questions and                             2017 Hayden Lead Plan. We are                            in the Hayden Lead NAA with a
                                                  Answers,’’ Memorandum from Scott L.                      proposing to approve the 2012 base year                  potential to emit over 0.5 tpy of lead is
                                                  Mathias, Interim Director, Air Quality                   emissions inventory in this SIP revision                 the Asarco primary copper smelter,
                                                  Policy Division, EPA Office of Air                       as meeting the applicable requirements                   located in Hayden, AZ (‘‘Hayden
                                                  Quality Planning and Standards, to                       of the CAA and EPA guidance. We are                      Facility’’ or ‘‘Facility’’).18
                                                  Regional Air Division Directors, Regions                 also proposing to approve the                            2. Base Year Emissions Inventory
                                                  I–X, July 8, 2011, (‘‘Lead Q&A’’); and                   attainment demonstration, RACM/RACT
                                                     • ‘‘Addendum to the 2008 Lead                         analysis, RFP demonstration, and the
                                                                                                                                                                       The base year emissions inventory
                                                  NAAQS Implementation Questions and                                                                                establishes a baseline that is used to
                                                                                                           contingency measure as meeting the                       evaluate emission reductions achieved
                                                  Answers Signed on July 11, 2011, by                      applicable requirements of the CAA and
                                                  Scott Mathias,’’ August 10, 2012. (‘‘Lead                                                                         by the control strategy and to establish
                                                                                                           EPA guidance.                                            RFP requirements. ADEQ’s discussion
                                                  Q&A Addendum’’); and                                        The EPA’s analysis and findings are
                                                     • Implementation of the 2008 Lead                     discussed below for each applicable
                                                                                                                                                                    of emissions inventory development can
                                                  National Ambient Air Quality                                                                                      be found in the Plan on pages 28–36, as
                                                                                                           requirement. The technical support
                                                  Standards—Guide to Developing                                                                                     well as in Appendices A and D. ADEQ
                                                                                                           document (TSD) for today’s proposed
                                                  Reasonably Available Control Measures                                                                             selected 2012 as the base year for
                                                                                                           action contains additional details on
                                                  (RACM) for Controlling Lead Emissions,                                                                            emissions inventory preparation for
                                                                                                           selected lead planning requirements.
                                                  EPA Office of Air Quality Planning and                                                                            several reasons. At time of preparation,
                                                  Standards, EPA–457/R–12–001, March                       B. Emissions Inventories                                 2012 was the most recent year with
                                                  2012 (‘‘Lead RACM Guidance’’).                                                                                    verified ambient air monitoring data
                                                                                                           1. Requirements for Emissions
                                                     The lead NAAQS rule and its                                                                                    from a SLAMS (State or Local Air
                                                                                                           Inventories
                                                  preamble and the guidance documents                                                                               Monitoring Station) monitor.19 It is also
                                                  address the statutory planning                              The emissions inventory and source                    a representative year of exceedances of
                                                  requirements for emissions inventories,                  emission rate data for an area serve as                  the primary lead NAAQS. In addition,
                                                  RACM/RACT, attainment                                    the foundation for air quality modeling                  the Hayden lead nonattainment
                                                  demonstrations including air quality                     and other analyses that enable states to                 designation was based upon 2012
                                                  modeling requirements, RFP                               estimate the degree to which different                   monitoring data.
                                                  demonstrations, and contingency                          sources within a nonattainment area                         Lead emissions are grouped into two
                                                  measures. The lead NAAQS rule also                       contribute to violations within the                      general categories: Stationary and
                                                  addresses other matters such as                          affected area. These analyses also enable                mobile sources. Stationary sources can
                                                  monitoring, designations, lead                           states to assess the expected                            be further divided into ‘‘point’’ and
                                                  infrastructure SIPs, and exceptional                     improvement in air quality within the                    ‘‘area’’ sources. Point sources are
                                                  events. We will discuss each of the CAA                  nonattainment area due to the adoption                   typically located at permitted facilities
                                                  and regulatory requirements for lead                     and implementation of control                            and have one or more identified and
                                                  attainment plans in the next section,                    measures. CAA section 172(c)(3)                          fixed pieces of equipment and
                                                  which details our review of the 2017                     requires that states submit a
                                                  Hayden Lead Plan.                                        ‘‘comprehensive, accurate, current                         16 See Lead Q&A Addendum p. 1.
                                                                                                           inventory of actual emissions from all                     17 Additional  emissions inventory reporting
                                                  B. Infrastructure SIPs for Lead                          sources of the relevant pollutant.’’                     requirements are also found in EPA’s Air Emissions
                                                                                                                                                                    Reporting Rule (AERR) (codified at 40 CFR part 51
                                                    Under section 110 of the CAA, all                      Therefore, all sources of lead emissions                 subpart A) and 73 FR 76539. Although the AERR
                                                  states (including those without                          in the nonattainment area must be                        requirements are separate from the SIP-related
                                                  nonattainment areas) are required to                     included in the submitted inventory. A                   requirements in CAA section 172(c)(3) and 40 CFR
                                                                                                           base year emissions inventory is                         51.117(e)(1), the AERR requirements are intended to
                                                  submit infrastructure SIPs within three                                                                           be compatible with the SIP-related requirements.
                                                  years of the promulgation of a new or                    required for the attainment                                 18 The Asarco primary copper smelter is a large
                                                  revised NAAQS. Because the lead                          demonstration and for meeting RFP                        complex that consists of smelter operations as well
                                                  NAAQS was signed and widely                              requirements. In general, the base year                  as concentrator operations. In sections of the Plan,
                                                  disseminated on October 15, 2008, the                    emissions inventory should be derived                    ADEQ refers to these operations separately as the
                                                                                                                                                                    ‘‘smelter complex’’ and ‘‘concentrator complex.’’
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                                                  infrastructure SIPs were due by October                  from one of the years on which the
                                                                                                                                                                    Since the smelter and concentrator operations are
                                                  15, 2011. Section 110(a)(1) and (2)                      nonattainment designation was based.15                   permitted as a single stationary source, we use the
                                                  require states to address basic program                     In order to demonstrate attainment in                 term ‘‘Hayden Facility’’ and ‘‘Facility’’ to refer to
                                                  elements, including requirements for                     accordance with CAA section 172, the                     the entirety of the smelter and concentrator
                                                                                                           state should also provide an attainment                  operations.
                                                  emissions inventories, monitoring, and                                                                               19 SLAMS include the ambient air quality sites
                                                                                                           emissions inventory to identify the level                and monitors that are required by the EPA’s
                                                    12 See73 FR 66964.                                                                                              regulations and are needed to meet specific
                                                    13 These                                                    14 80   FR 47859.
                                                             guidance documents can be found in the                                                                 monitoring objectives, including NAAQS
                                                  docket for today’s action.                                    15 See   Lead Q&A and Lead Q&A Addendum.            comparisons. See 40 CFR 58.1.



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                                                  31090                               Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules

                                                  emissions points. These facilities are                                           TABLE 1—2012 BASE YEAR LEAD                                                  TABLE 2—2012 BASE YEAR LEAD
                                                  required to report their emissions to                                            EMISSION INVENTORY FOR THE HAY-                                              EMISSIONS INVENTORY FOR THE
                                                  ADEQ on an annual basis. Conversely,                                             DEN LEAD NAA—Continued                                                       HAYDEN FACILITY—Continued
                                                  area sources consist of widespread and
                                                  numerous smaller emission sources,                                                     Source category                          Pb emissions                        Source category                      Pb emissions
                                                  such as small permitted facilities,                                                                                                 (tpy)                                                                    (tpy)
                                                  households, and other land uses. The
                                                                                                                                      Total ...............................                         3.45     Road (paved and unpaved) ..                           0.14
                                                  mobile sources category can be divided                                                                                                                     Non-smelting process fugi-
                                                  into two major subcategories: ‘‘On-road’’                                       Source: Plan, Tables 12–16.                                                  tives ...................................           0.32
                                                  and ‘‘off-road’’ mobile sources. On-road
                                                  mobile sources include light-duty                                               As seen above, the substantial                                                   Total ...............................           3.43
                                                                                                                               majority of lead emissions in the
                                                  automobiles, light-, medium-, and                                                                                                                             Source: Id.
                                                                                                                               Hayden Lead NAA are from the point
                                                  heavy-duty trucks, and motorcycles.
                                                                                                                               source category (i.e., the Hayden                                             3. Projected Year Emissions Inventory
                                                  Off-road mobile sources include aircraft,
                                                                                                                               Facility). The Hayden Facility consists
                                                  locomotives, construction equipment,                                         of multiple emission points that ADEQ                 The Hayden area was designated
                                                  mobile equipment, and recreational                                           further categorized into smelting point             nonattainment for lead in 2014. The
                                                  vehicles. A summary of ADEQ’s 2012                                           sources (stack emissions), smelting                 CAA provides that nonattainment areas
                                                  base year inventory for each of these                                        fugitives, road dust, and other process             must attain the NAAQS as expeditiously
                                                  categories is included in Table 1 below.                                     fugitives (from non-smelting process                as practicable, but no later than five
                                                                                                                               equipment). A more detailed summary                 years after the effective date of
                                                     TABLE 1—2012 BASE YEAR LEAD                                               of the Hayden Facility’s lead emissions             designation. Therefore, the Hayden Lead
                                                     EMISSION INVENTORY FOR THE HAY-                                           is included in Table 2 below.                       NAA must attain the lead NAAQS by
                                                     DEN LEAD NAA                                                                                                                  2019. The projected emissions inventory
                                                                                                                                TABLE 2—2012 BASE YEAR LEAD                        for 2019 is part of the attainment
                                                            Source category                          Pb emissions                EMISSIONS INVENTORY FOR THE demonstration required under CAA
                                                                                                         (tpy)                                                                     section 172 and informs the air quality
                                                                                                                                 HAYDEN FACILITY                                   modeling for 2019, which is discussed
                                                  Point ......................................                    3.43                                                             in detail below in section IV.D. ADEQ
                                                                                                                                                                    Pb emissions
                                                  Area ......................................                   <0.001               Source category                               developed a projected 2019 lead
                                                                                                                                                                        (tpy)
                                                  Mobile Source (non-road) .....                                 0.015                                                             emissions inventory for the Hayden
                                                  Mobile Source (on-road) .......                                              Smelting point sources .........               1.09 Lead NAA as summarized in Table 3
                                                                                                                               Smelting fugitives .................           1.88 below.

                                                                  TABLE 3—BASE YEAR AND PROJECTED YEAR LEAD EMISSIONS INVENTORY FOR THE HAYDEN LEAD NAA
                                                                                                                                                                                                            2012 base year                      2019 projected year
                                                                                                            Source category                                                                                Pb emissions (tpy)                    Pb emissions (tpy)
                                                                                                                                                                                                           (actual emissions)                  (allowable emissions)

                                                  Point .........................................................................................................................................                                3.43                              4.60
                                                  Area .........................................................................................................................................                               <0.001                            <0.001
                                                  Mobile Source (non-road) ........................................................................................................                                             0.015                             0.020
                                                  Mobile Source (on-road) ..........................................................................................................

                                                         Total ..................................................................................................................................                                  3.45                            4.62
                                                     Source: Id.


                                                    As with the base year inventory, the                                       attributable to the point source category,                                    Facility’s lead emissions is included in
                                                  substantial majority of lead emissions                                       which represents the Hayden Facility. A                                       Table 4 below.
                                                  for the projected year inventory are                                         more detailed summary of the Hayden

                                                    TABLE 4—COMPARISON OF BASE YEAR AND PROJECTED YEAR LEAD EMISSIONS INVENTORY FOR THE HAYDEN FACILITY
                                                                                                                                                                                                            2012 base year                      2019 projected year
                                                                                                            Source category                                                                                Pb emissions (tpy)                    Pb emissions (tpy)
                                                                                                                                                                                                           (actual emissions)                  (allowable emissions)

                                                  Smelting point sources ............................................................................................................                                             1.09                             2.99
                                                  Smelting fugitives .....................................................................................................................                                        1.88                             1.44
                                                  Road (paved and unpaved) .....................................................................................................                                                 0.137                            0.043
                                                  Non-smelting fugitives .............................................................................................................                                           0.322                            0.131
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                                                         Total ..................................................................................................................................                                  3.43                            4.60
                                                     Source: Id.


                                                    As seen in the tables above, the                                           allowable emissions (also referred to as                                      on actual emissions. The use of actual
                                                  projected year emissions inventory,                                          potential to emit or PTE), is higher than                                     emissions for the base year, as well as
                                                  which is generally based on maximum                                          the base year inventory, which is based                                       the use of maximum allowable


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                                                                              Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules                                                                          31091

                                                  emissions for the projection year and                           assuming that the Facility were to emit                         base year inventory to the projected year
                                                  the attainment modeling, is consistent                          at the maximum allowable levels in                              inventory, and, due to their dispersion
                                                  with CAA requirements 20 and EPA                                2019, the submitted modeling shows                              characteristics, these sources have more
                                                  guidance.21 Use of maximum allowable                            that the Hayden area would still attain                         influence on the maximum predicted
                                                  emissions for the modeling ensures the                          the lead NAAQS, primarily due to the                            ambient impacts in the nonattainment
                                                  attainment demonstration takes into                             nature of emission changes and their                            area than the smelter point sources. As
                                                  account possible increases in emissions                         predicted ambient impact. The increase                          a result, while the reductions in road
                                                  that are allowed by the underlying rules                        from base year actual emissions to                              and non-smelting fugitive lead
                                                  and permit conditions; however, actual                          projected year maximum allowable                                emissions are small compared to the
                                                  emissions at the Facility are expected to                       emissions is primarily attributable to                          emissions from the smelting point
                                                  decline. As shown in Table 5, the 2019                          smelting point sources at the Hayden                            sources, these reductions occur at
                                                  projected actual emissions are lower                            Facility. Other source categories at the                        sources that are primary contributors to
                                                  than actual emissions in the 2012 base                          Facility, such as the roads and non-                            maximum predicted ambient impact in
                                                  year inventory. Furthermore, even                               smelting fugitives, decrease from the                           the nonattainment area.

                                                                   TABLE 5—BASE YEAR, PROJECTED ACTUAL, AND MAXIMUM ALLOWABLE MODELED LEAD EMISSIONS
                                                                                                FOR THE HAYDEN FACILITY

                                                                                                                                                                                              Projected                Maximum allowable-
                                                                                                                                    2012 actual        2019 projected actual                 reductions               modeled Pb emissions
                                                    Modeled source                        Controls applied                         Pb emissions           Pb emissions                        in actual                      (PTE)
                                                                                                                                       (tpy)                   (tpy)                        Pb emissions                     (tpy) a
                                                                                                                                                                                                 (%)

                                                  Main stack ............   Secondary hood baghouse, improved                                  1.08   0.904 ...........................                        16     2.99.
                                                                              primary and secondary hooding,
                                                                              tertiary hooding.
                                                  Flash furnace fugi-       Matte tapping ventilation system .......                       0.495      0.1025 .........................                     79.3       1.03.
                                                    tives.
                                                  Converter aisle fu-       Secondary hood baghouse, improved                              0.968      0.024 ...........................                     97.5      0.37.
                                                    gitives.                  primary and secondary hooding,
                                                                              tertiary hooding.
                                                  Anode furnace fu-         Improved ventilation system ..............                     0.417      0.04 .............................                   89.7       0.04.
                                                    gitives.
                                                  Anode baghouse            Sent to the main stack ......................                0.0113       Included in main stack                                 N/A      Included in main stack.
                                                    stack.
                                                  Slag dump ............    Restrictions on slag dumping location                              0.05   0.05 .............................   ........................   0.05.
                                                  Gas cleaning              Thickener project ...............................                  0.26   0.07 .............................                       73     0.07.
                                                    waste material.
                                                  Concentrate stor-         Wind fence, water sprays ..................                    0.001      0.000056 .....................                          94      0.00088.
                                                    age area.
                                                  Bedding area ........     Wind fence, water sprays ..................                 0.00017       0.000015 .....................                           91     0.00016.
                                                  Reverts operations        Wind fence, water sprays ..................                  0.0122       0.00042 .......................                          97     0.0041.
                                                  Paved roads .........     Sweepers ...........................................           0.091      0.015 b .........................                        84     0.015.
                                                  Unpaved roads .....       Chemical dust suppressant (on a                                0.046      0.028 b .........................                        39     0.028.
                                                                              schedule achieving 90% control ef-
                                                                              ficiency).
                                                    a PTE values for the concentrate storage area, bedding area, and reverts operations were derived using the same calculation methods that
                                                  were applied to calculate 2019 projected actuals. However, for PTE values, Asarco supplied more conservative throughput. Also, the lead factors
                                                  used for PTE calculations were based on mean lead assay values (source specific) plus two standard deviations.
                                                    b Projected actual values for paved and unpaved roads were based on PTE.
                                                    Source: ADEQ Modeling TSD, Table 8–1.


                                                  4. Proposed Action on the Base Year                             of CAA section 172(c)(3). We are not                            C. Reasonably Available Control
                                                  Emissions Inventory                                             proposing action on the projected                               Measure/Reasonably Available Control
                                                                                                                  attainment inventory, since it is not a                         Technology Demonstration and
                                                    We have reviewed the emissions
                                                                                                                  required SIP element. However, we have                          Adopted Control Strategy
                                                  inventory and calculation methodology
                                                                                                                  evaluated it for consistency with EPA
                                                  used by ADEQ in the 2017 Hayden Lead                                                                                            1. Requirements for RACM/RACT
                                                  Plan for consistency with CAA                                   guidance and find that it supports the
                                                  requirements, the lead NAAQS rule, and                          attainment and RFP demonstrations, as                             CAA section 172(c)(1) requires that
                                                  the EPA’s guidance. We find that the                            discussed in the TSD and below.                                 each attainment plan provide for
                                                  2012 base year inventory is a                                                                                                   implementation of RACM (including
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                                                  comprehensive, accurate, and current                                                                                            RACT for existing sources) as
                                                  inventory of actual emissions of lead in                                                                                        expeditiously as practicable and provide
                                                  the Hayden Lead NAA. We therefore                                                                                               for attainment of the NAAQS. The EPA
                                                  propose to approve the 2012 base year                                                                                           defines RACM as measures that are both
                                                  inventory as meeting the requirements                                                                                           reasonably available and contribute to
                                                    20 See, e.g., CAA section 172(c)(3) (requiring ‘‘a            pollutant or pollutants in such area.’’ (emphasis                  21 See,   e.g., Lead Q&A Addendum p. 1.
                                                  comprehensive, accurate, current inventory of                   added))
                                                  actual emissions from all sources of the relevant



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                                                  31092                     Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules

                                                  attainment as expeditiously as                           Appendix 14 on March 30, 2018.28 The                    whether these measures satisfy the
                                                  practicable in the nonattainment area.                   controls required under these rules are                 statutory requirements for RACM/RACT
                                                  Lead nonattainment plans must contain                    also required under a 2015 consent                      for the Hayden Lead NAA.
                                                  RACM (including RACT) that address                       decree between Asarco and the United
                                                                                                                                                                   a. Rule R18–2–B1301 and Appendix 14
                                                  sources of ambient lead concentrations.                  States.29
                                                  The EPA’s historic definition of RACT                       ADEQ’s RACM/RACT analysis can be                        Rule R18–2–B1301 establishes a lead
                                                  is the lowest emissions limitation that a                found on pages 60 through 121 of the                    emission limit for the Hayden Facility’s
                                                  particular source is capable of meeting                  2017 Hayden Lead Plan. The EPA’s                        main stack and operations and
                                                  by the application of control technology                 Lead RACM Guidance did not provide                      maintenance (O&M) requirements,
                                                  that is reasonably available, considering                specific guidance on what constituted                   including the development of an O&M
                                                  technological and economic                               RACM/RACT for primary copper                            plan for the capture and control system,
                                                  feasibility.22 The EPA recommends that,                  smelters. Consistent with that guidance,                monitoring provisions for parametric
                                                  at a minimum, all stationary sources                     ADEQ looked to other federal                            limits required to ensure sufficient
                                                  emitting 0.5 tpy or more of lead should                  requirements for lead control at primary                capture of fugitive lead emissions from
                                                  undergo a RACT review.23 Based on the                    copper smelters, similar source                         the smelter, performance testing
                                                  2011 national emissions inventory (2011                  categories for which the EPA had                        requirements, compliance
                                                  NEI v2) and the 2012 base year                           established lead control guidance, and                  determination requirements,
                                                  emissions inventory, the Asarco copper                   other regulations that the EPA has                      recordkeeping requirements, and
                                                  smelter is the only point source in the                  approved as RACM/RACT for lead                          reporting requirements. Rule R18–2–
                                                  Hayden Lead NAA that emits over 0.5                      control. ADEQ used the following                        B1301 also requires the completion of a
                                                  tpy of lead.24                                           references for comparison of lead                       fugitive emissions study to characterize
                                                                                                           controls: The national emissions                        lead emissions from the smelter
                                                  2. RACM/RACT Demonstration in the                        standard for hazardous air pollutants                   structure that may contribute to
                                                  2017 Hayden Lead Plan                                    (NESHAP) requirements for primary                       nonattainment, but are not captured or
                                                                                                           copper smelters at 40 CFR 63, subpart                   controlled. Appendix 14 establishes
                                                     Because of lead’s dispersion                                                                                  specific requirements for the study,
                                                                                                           QQQ and the NESHAP requirements for
                                                  characteristics, the highest ambient                                                                             which is required to validate both the
                                                                                                           secondary lead smelters at 40 CFR 63,
                                                  concentrations of lead are expected to                                                                           estimate of fugitive emissions used in
                                                                                                           subpart X. For fugitive lead-bearing dust
                                                  be near lead sources, such as the                                                                                the attainment demonstration and the
                                                                                                           control, ADEQ also used the following
                                                  Hayden Facility. This RACM/RACT                                                                                  operating conditions or ranges for the
                                                                                                           references for comparison: Appendix 1
                                                  analysis focuses on evaluating controls                                                                          capture devices’ O&M plan.
                                                                                                           of the General Preamble for
                                                  at the Hayden Facility, and unlike in a                                                                             Rule R18–2–B1301 establishes a lead
                                                                                                           Implementation of Title I of the Clean
                                                  typical RACM demonstration for other                                                                             emission limit from the smelter’s stack
                                                                                                           Air Act,30 which describes control
                                                  types of pollutants, we are not                                                                                  of 0.683 pounds of lead per hour.
                                                                                                           measures for fugitive lead-bearing dust;
                                                  evaluating the broader set of source                     South Coast Air Quality Management                      Fugitive lead emissions from the smelter
                                                  categories in the Hayden Lead NAA.                       District (SCAQMD) Rule 1420.1 for lead                  structure are constrained through an
                                                  This is an appropriate approach in this                  battery recycling facilities (‘‘Emissions               improved fugitive gas capture system
                                                  case because the Hayden Facility is the                  Standards for Lead and Other Toxic Air                  over the furnace taps and converter
                                                  source of over 99 percent of lead                        Contaminants from Large Lead-Acid                       chambers. In lieu of a fugitive emissions
                                                  emissions in the Hayden Lead NAA.25                      Battery Recycling Facilities’’); and                    limit, Asarco must operate its gas
                                                     ADEQ’s control strategy relies on the                 particulate matter (PM) fugitive dust                   capture system within certain operating
                                                  implementation of two source-specific                    rules enacted by other states and local                 parameters as described in the facility’s
                                                  regulations in the Arizona                               agencies.                                               O&M plan. Rule R18–2–B1301 defines
                                                  Administrative Code: Rule R18–2–                            The EPA’s TSDs on Rules R18–2–                       critical parameters and specifies
                                                  B1301 (Limits on Lead Emissions from                     B1301 and R18–2–B1301.01 and                            operating limits on those parameters
                                                  the Hayden Smelter) and Rule R18–2–                      Appendices 14 and 15 contain our                        that the O&M plan must require, at a
                                                  B1301.01 (Limits on Lead-Bearing                         detailed analysis on the enforceability,                minimum, in order to sufficiently
                                                  Fugitive Dust from the Hayden Smelter),                  stringency, and SIP revision                            control fugitive emissions. The fugitive
                                                  and two associated appendices. ADEQ                      implications for the measures contained                 emissions rate will be validated through
                                                  submitted these rules to the EPA for SIP                 in these rules.31 We evaluate below                     a year-long fugitive emission study as
                                                  approval on April 6, 2017.26 We                                                                                  described in Appendix 14, and it must
                                                  approved Rule R18–2–B1301.01 and                              28 83
                                                                                                                   FR 13716.                                       not exceed the modeled attainment
                                                  Appendix 15 into the Arizona SIP on                           29 Consent
                                                                                                                        Decree No. CV–15–02206–PHX–DLR             emission rate. If actual fugitive
                                                                                                           (D. Ariz).                                              emissions exceed the modeled emission
                                                  February 22, 2018,27 and proposed to                       30 58 FR 67748 (December 22, 1993).
                                                  approve Rule R18–2–B1301 and                               31 See Technical Support Document for the EPA’s
                                                                                                                                                                   rates shown in Table 5 above and
                                                                                                           Rulemaking for the Arizona State Implementation         Asarco is unable to demonstrate
                                                    22 See, for example, 44 FR 53761 (September 17,        Plan: Arizona Department of Environmental Quality       attainment of the NAAQS at the actual
                                                  1979) and footnote 3 of that notice.                     Rule R18–2–B1301.01, Limits on Lead-Bearing             measured fugitive emissions levels,
                                                    23 73 FR 67038.                                        Fugitive Dust from the Hayden Smelter, and              ADEQ will need to revise the O&M plan
                                                                                                           Appendix 15, Test Methods for Determining
                                                    24 2017 Hayden Lead Plan, Chapter 3: Emissions
                                                                                                           Opacity and Stabilization of Unpaved Roads              parametric limit minimums as required
                                                  Inventories and Appendix A: Emission Inventory                                                                   in R18–2–B1301 and, as necessary,
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                                                                                                           (August 2017); Technical Support Document for the
                                                  Technical Support Document for the 2008 Hayden
                                                  Lead Nonattainment Area, Chapter 5, Base Year
                                                                                                           EPA’s Rulemaking for the Arizona State                  require additional controls to further
                                                                                                           Implementation Plan: Arizona Administrative Code        reduce fugitive emissions. ADEQ must
                                                  Emission Inventory for Lead in the Hayden
                                                                                                           Title 18, Chapter 2 Appendix 14 and Rule R18–2–
                                                  Planning Area.
                                                                                                           715.02 (March 2018); and Technical Support              submit these changes as revisions to the
                                                    25 2017 Hayden Lead Plan, page 38.
                                                                                                           Document for the EPA’s Rulemaking for the Arizona       Arizona SIP. Other requirements
                                                    26 See letter dated April 6, 2017, from Timothy S.
                                                                                                           State Implementation Plan: Arizona Administrative       include monitoring, recordkeeping, and
                                                  Franquist, Director, Air Quality Division, ADEQ, to      Code Title 18, Chapter 2, Article 13 Part B—
                                                  Alexis Strauss, Acting Regional Administrator, EPA       Hayden, Arizona, Planning Area R18–2–B1301—
                                                                                                                                                                   reporting provisions to ensure
                                                  Region IX.                                               Limits on Lead Emissions from the Hayden Smelter        compliance with the emission and
                                                    27 83 FR 7614.                                         (March 2018).                                           parametric limits.


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                                                                            Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules                                           31093

                                                    We compared these requirements                            • Physical inspection requirements of              limit for lead-bearing fugitive dust,
                                                  with the primary copper smelter                          control equipment and dust-generating                 whereas the NESHAP contains more
                                                  NESHAP and the secondary lead                            processes to ensure proper operation;                 general requirements for a fugitive dust
                                                  smelter NESHAP in the TSD we                                • Opacity limit of 20 percent and                  plan and no opacity limit for fugitive
                                                  prepared in support of our rulemaking                    requirements to take corrective action if             dust. We concluded that while the
                                                  action on R18–2–B1301, and we found                      opacity exceeds 15 percent;                           SCAQMD rule was more stringent in
                                                  the rule requirements to be generally                       • Requirements for paved road                      some respects (i.e., requiring total
                                                  consistent with those in the NESHAP.                     cleaning at least daily, with vehicular               enclosure of the facility, lower speed
                                                  For example, the primary copper                          track-out controls and 15 mile per hour               limits, more frequent sweeping
                                                  smelter NESHAP requires a capture                        speed limits;                                         schedules), it was also intended for a
                                                  system and control device O&M plan                          • Requirements for the application                 different type of facility (lead battery
                                                  and requires that the smelter operate                    frequency of chemical dust suppressant                recycling) and therefore was not directly
                                                                                                           to unpaved roads, controls on silt                    comparable to the Hayden Facility.
                                                  consistently with good air pollution
                                                                                                           loading on those roads (silt loading may                 We also compared these requirements
                                                  control practices, similar to R18–2–
                                                                                                           not exceed 0.33 ounces per square feet                to those found in various RACM/RACT
                                                  B1301. The requirements of R18–2–
                                                                                                           or 6 percent), runoff collection                      particulate matter (PM) rules, as the
                                                  B1301 are also similar to the secondary
                                                                                                           requirements to prevent dust from                     controls for lead-bearing fugitive dust in
                                                  lead smelter NESHAP requirements,
                                                                                                           becoming airborne, and 15 miles per                   a context like the Hayden Facility are
                                                  except that the NESHAP includes                          hour speed limits;
                                                  emissions limits of 1.0 milligrams of                                                                          like those for controlling PM. We found
                                                                                                              • Materials storage, handling, and                 that Rule R18–2–B1301.01 was as
                                                  lead per dry standard cubic meter for                    unloading requirements for copper
                                                  any process vent gas and 0.20                                                                                  stringent or more stringent than those
                                                                                                           concentrate and reverts, including                    PM rules. For example, in addition to a
                                                  milligrams of lead per dry cubic meter                   requirements for storage on concrete
                                                  on a rolling 12-month average basis. We                                                                        20 percent opacity limit and
                                                                                                           pads, water sprayers, and wind fences;
                                                                                                                                                                 requirements for chemical dust
                                                  propose to find that these limits are not                   • Bedding requirements (including
                                                  required as RACM for the Hayden                          loading and unloading operations                      suppressant and soil stabilization,
                                                  Facility because they are intended for a                 requirements for wind fences and water                which are also included in the PM rules,
                                                  different type of facility and, as                       spraying to maintain a nominal 10                     Rule R18–2–B1301.01 has requirements
                                                  discussed below, ADEQ’s air quality                      percent surface moisture content),                    for unpaved roads and corrective
                                                  modeling indicates that the main stack                   rumble grates to reduce trackout at exits,            measures for visible emissions that are
                                                  emission limit in R18–2–B1301 (0.683                     and a daily cleaning schedule inside                  not found in the PM rules.
                                                  pound of lead per hour) is sufficient for                and near the protected area; and                      3. Proposed Actions on RACM/RACT
                                                  the Hayden area to attain the lead                          • Requirements for the acid plant                  Demonstration and Adopted Control
                                                  NAAQS.                                                   scrubber blowdown drying system,                      Strategy
                                                                                                           which must be housed in an enclosed
                                                  b. Rule R18–2–B1301.01 and Appendix                                                                               For the reasons described above, we
                                                                                                           system that uses a venturi scrubber,
                                                  15                                                                                                             find that the control measures required
                                                                                                           thickener, filter press and electric dryer
                                                                                                                                                                 under Rules R18–2–B1301 and R18–2–
                                                    Rule R18–2–B1301.01 establishes                        under negative pressure.
                                                                                                              Subsection (E) of Rule R18–2–                      B1301.01 and reflected in the 2017
                                                  work practice requirements and control                                                                         Hayden Lead Plan are reasonably
                                                  measures on sources of lead-bearing                      B1301.01 includes contingency
                                                                                                           requirements for increasing the                       available for the Hayden Facility. In
                                                  fugitive dust surrounding the Hayden                                                                           addition, as explained in the following
                                                  Facility. Appendix 15 applies to                         frequency of road cleaning if the
                                                                                                           Hayden area does not attain the NAAQS                 section, ADEQ’s air quality modeling
                                                  unpaved roads at the Hayden Facility                                                                           indicates these measures are sufficient
                                                  and includes the following: (1) A test                   by the attainment date or make RFP.
                                                                                                           The remainder of the rule includes                    to provide for attainment in the Hayden
                                                  method for determining opacity for                                                                             Lead NAA. These measures are required
                                                  fugitive dust from these rules, (2) a test               monitoring, compliance demonstration,
                                                                                                           recordkeeping, and reporting                          to be implemented by July 1, 2018 (for
                                                  method for determining silt content of                                                                         Rule R18–2–B1301) and December 1,
                                                  the trafficked parts of unpaved roads,                   requirements. Appendix 15 includes
                                                                                                           test methods and procedures for                       2018 (for Rule R18–2–B1301.01). We
                                                  and (3) a Qualification and Testing                                                                            believe these are the most expeditious
                                                  section containing certification                         determining compliance with opacity
                                                                                                           limits on unpaved roads, silt content on              dates practicable, given the history of
                                                  requirements and procedures,                                                                                   planning for this source, the current
                                                  specifications, and calibration                          trafficked parts of unpaved roads, and a
                                                                                                           qualification and testing section for                 time frame for implementation, and the
                                                  procedures.                                                                                                    complexity of these control measures.
                                                                                                           certifying observers in measuring
                                                    Rule R18–2–B1301.01 specifies a                        opacity and road stabilization. These                 Accordingly, we propose to find that the
                                                  range of operational standards and work                  requirements address the known                        RACM/RACT measures are both
                                                  practices for processes that may cause                   sources of fugitive dust resulting from               reasonably available and provide for
                                                  emissions of lead-bearing fugitive dust.                 operations surrounding the Hayden                     attainment as expeditiously as
                                                  The requirements must be detailed in a                   Facility that may contribute to airborne              practicable in the Hayden Lead NAA.
                                                  fugitive dust plan that at minimum                       lead emissions. We compared these                     Therefore, we propose to find that the
                                                  includes the performance and                             requirements in our TSD reviewing Rule                2017 Hayden Lead Plan provides for the
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                                                  housekeeping requirements. Subsection                    R18–2–B1301.01 with the primary                       implementation of RACM/RACT as
                                                  (D) includes the following minimum                       copper smelter NESHAP and SCAQMD                      required by CAA section 172(c)(1).
                                                  performance and housekeeping                             Rule 1420.1 for lead control. Rule R18–               D. Attainment Demonstration
                                                  requirements, which must be met                          2–B1301.01 is more stringent than the
                                                  independent of the fugitive dust plan:                   primary copper smelter NESHAP. For                    1. Requirements for Attainment
                                                    • Procedures for high wind events,                     example, Rule R18–2–B1301.01                          Demonstration
                                                  including wetting of sources and                         includes specific fugitive dust                         CAA section 172 requires a state to
                                                  cessation of operations if necessary;                    requirements and a 20 percent opacity                 submit a plan for each of its


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                                                  31094                     Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules

                                                  nonattainment areas that demonstrates                    ADEQ discovered an error in the                         monitored concentrations.37 The State
                                                  attainment of the applicable ambient air                 processing of the Camera Hill                           concluded emissions from the main
                                                  quality standard as expeditiously as                     meteorological data. In May 2018,                       stack and those emanating from the
                                                  practicable but no later than the                        ADEQ submitted revised modeling                         smelter building roofline are best
                                                  specified attainment date. This                          using corrected Camera Hill                             represented by Camera Hill, while lower
                                                  demonstration should consist of four                     meteorological data and AERMOD                          elevation sources were best represented
                                                  parts:                                                   version 16216r,34 which the EPA                         by Hayden Old Jail, and used these
                                                     (1) Technical analyses that locate,                   designated as the regulatory version of                 respective data sets for those sources.
                                                  identify, and quantify sources of                        AERMOD in January 2017.35 All other                     Accordingly, ADEQ ran the model
                                                  emissions that are contributing to                       inputs remained the same. The                           separately for each set of sources and
                                                  violations of the lead NAAQS;                            remainder of this section refers to                     summed the results appropriately. The
                                                     (2) Analyses of future year emissions                 results of the revised modeling, which                  State provided audit reports for each
                                                  reductions and air quality improvement                   effectively supersedes the modeling                     monitoring station to document the
                                                  resulting from already-adopted national,                 originally submitted with the Plan.                     station’s installation and data collection
                                                  state, and local programs and from                                                                               procedures.38 The State used AERMET
                                                  potential new state and local measures                      The modeling domain was centered
                                                                                                                                                                   version 16216 to process meteorological
                                                  required to meet the RACT, RACM, and                     on the Hayden Facility and extended to
                                                                                                                                                                   data for use with AERMOD.
                                                  RFP requirements in the area;                            the edges of the Hayden Lead NAA. A
                                                                                                                                                                      The State used AERSURFACE version
                                                     (3) Additional emissions reduction                    grid spacing of 25 meters was used to                   13016 using data from the Camera Hill
                                                  measures with schedules for                              resolve AERMOD model concentrations                     and Hayden Old Jail sites to estimate the
                                                  implementation; and                                      along the ambient air boundary                          surface characteristics (i.e., albedo,
                                                     (4) Contingency measures required                     surrounding the Hayden Facility and                     Bowen ratio, and surface roughness
                                                  under section 172(c)(9) of the CAA.                      was increased toward the edges of the                   (zo)). The State estimated zo values for
                                                     The requirements for the first three                  NAA. Receptors were excluded within                     12 spatial sectors out to 1 km at a
                                                  parts are described in the sections on                   the ambient air boundary, which is                      seasonal temporal resolution for average
                                                  emissions inventories and RACM/RACT                      generally defined by the facility’s                     conditions. We conclude that the State
                                                  above and in the sections on air quality                 physical fence line, except in certain                  appropriately selected meteorological
                                                  modeling and the attainment                              areas where the State inspected the
                                                  demonstration that follow immediately                                                                            sites, properly processed meteorological
                                                                                                           terrain and concluded steep topography                  data, and adequately estimated surface
                                                  below. The requirements for the fourth                   precludes public access.36 We conclude
                                                  part are described below in section IV.F.                                                                        characteristics.
                                                                                                           that the model receptors placed by the                     ADEQ used the Auer (1978) 39 land
                                                  2. Air Quality Modeling in the 2017                      State adequately characterize ambient                   use method, with land cover data from
                                                  Hayden Lead Plan                                         air conditions.                                         the United States Geological Survey
                                                     In the following discussion we                        b. Meteorological Data                                  National Land Cover Data 1992
                                                  evaluate various features of the                                                                                 archives, to determine that the 3-km
                                                  modeling that ADEQ used in its                             ADEQ conducted its modeling using                     area around the Hayden Facility is
                                                  attainment demonstration. The lead                       meteorological data collected between                   composed of 96.2 percent rural land
                                                  attainment demonstration must include                    August 2013 and August 2014 at two                      types. Therefore, the State selected rural
                                                  air quality dispersion modeling                          on-site surface meteorological stations:                dispersion coefficients for modeling. We
                                                  developed in accordance with EPA’s                       The Camera Hill site located                            agree with the ADEQ’s determination
                                                  Guideline on Air Quality Models, 40                      approximately 0.35 kilometer (km)                       that the facility should be modeled as a
                                                  CFR part 51, appendix W (‘‘Appendix                      south of the smelter building, and the                  rural source.
                                                  W’’).32 A more detailed description of                   Hayden Old Jail site located                            c. Emissions Data
                                                  the modeling used to support this action                 approximately 1.06 km west of the
                                                  and our review can be found in the 2017                  concentrator and smelter complexes at                      ADEQ developed a modeling
                                                  Hayden Lead Plan, Appendix B,                            the Hayden Facility. Due to the complex                 emissions inventory based on 2012 data
                                                  Modeling Technical Support Document:                     topography of the area, wind speed and                  for sources within the Hayden Lead
                                                  Hayden Pb State Implementation Plan                      direction can vary significantly between                NAA and for the 50-km buffer zone
                                                  Revision (‘‘ADEQ Modeling TSD’’) and                     the two stations. The State conducted a                 extending from the NAA boundary. In
                                                  our TSD for today’s proposed action.                     performance evaluation to test which                    2012, the Hayden Facility emitted 3.43
                                                                                                           meteorological dataset performs best                    tpy lead, accounting for more than 99
                                                  a. Model Selection                                                                                               percent of lead emissions in the Hayden
                                                                                                           when AERMOD-predicted
                                                     In 2005, the EPA promulgated                          concentrations are compared to                          Lead NAA. The Freeport McMoRan
                                                  AERMOD as the Agency’s preferred                                                                                 Incorporated copper smelter, located 46
                                                  near-field dispersion model for a wide                   modeling, version 15181, the then-current
                                                                                                                                                                   km north of the Hayden Facility,
                                                  range of regulatory applications                         regulatory version, was released with several beta      emitted 4.87 tons of lead in 2012;
                                                  addressing stationary sources (e.g., for                 options. The regulatory default for version 15181 is    however, the two smelters are separated
                                                  estimating lead concentrations) in all                   the use of version 15181, as released by the EPA,       by large mountains, making these two
                                                                                                           without the use of any of the beta options. See
                                                  types of terrain, based on extensive                     https://www.epa.gov/scram/air-quality-dispersion-
                                                                                                                                                                   airsheds distinct. The State determined
                                                  developmental and performance                            modeling-preferred-and-recommended-models.              that aside from the Hayden facility, no
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                                                  evaluation. The State used AERMOD                          34 See email from Farah Mohammadesmaeili,

                                                  version 15181 to model all emission                      ADEQ to Rynda Kay, EPA, Region 9, dated May 22,           37 See email from Farah Mohammadesmaeili,

                                                                                                           2018.                                                   ADEQ, to Rynda Kay, EPA Region 9, dated May 25,
                                                  sources using regulatory default                           35 See 82 FR 5182, 5189 (January 17, 2017).           2018.
                                                  options.33 After submitting the Plan,                      36 Ambient air is considered to be the air in those     38 See email from Farah Mohammadesmaeili,

                                                                                                           areas where the public generally has access. Non-       ADEQ, to Rynda Kay, EPA Region 9, dated May 22,
                                                    32 The EPA published revisions to Appendix Wat                                                                 2018.
                                                                                                           ambient air generally includes property owned or
                                                  82 FR 5182 (January 17, 2017).                           controlled by the source to which access by the           39 See Auer, A.H., 1978. Correlation of Land Use
                                                    33 The EPA periodically releases updated versions      public is prohibited by a fence or other effective      and Cover with Meteorological Anomalies. Journal
                                                  of AERMOD. At the time the State conducted its           physical barrier.                                       of Applied Meteorology, 17(5):636–643.



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                                                                            Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules                                                   31095

                                                  other sources were drivers of                            during 2013 and calculated a mean                     progress toward attainment by the
                                                  nonattainment or have the potential to                   concentration of 0.0028 mg/m3. The                    applicable attainment date. However,
                                                  cause significant concentration                          State used this as the background                     the EPA believes that RFP for lead
                                                  gradients in the vicinity of the Hayden                  concentration, and added it to the                    nonattainment areas should be met by
                                                  Lead NAA. We agree with the State’s                      modeled design values.42 The State                    ‘‘adherence to an ambitious compliance
                                                  determination that only Hayden Facility                  determined that it was more appropriate               schedule,’’ which is expected to
                                                  emissions need to be included in the                     to base a background concentration on                 periodically yield significant emission
                                                  attainment modeling.                                     data from this site as opposed to using               reductions, and as appropriate, linear
                                                     Asarco is undertaking substantial                     monitoring data near the Hayden                       progress.45
                                                  upgrades to the Facility that will reduce                Facility during smelter shut-down                        The EPA recommends that SIPs for
                                                  lead and other pollutant emissions (see                  periods. During shut-downs an                         lead nonattainment areas provide a
                                                  section IV.C, above). The State modeled                  increased amount of material handling                 detailed schedule for compliance with
                                                  post-upgrade lead emissions based on                     occurs throughout the facility, elevating             RACM (including RACT) in the affected
                                                  an emission limit of 0.67 lb/hour for the                the observed concentrations. We agree                 areas and accurately indicate the
                                                  main stack and emission estimates for                    that ADEQ appropriately and                           corresponding annual emission
                                                  fugitive emission sources based on                       conservatively calculated background                  reductions to be achieved,46 and expects
                                                  control requirements in Rules R18–2–                     concentrations.                                       that a detailed schedule would provide
                                                  B1301 and R18–2–B1301.01. These
                                                                                                           e. Summary of Results                                 for periodic yields in significant
                                                  rules address roofline vents over the
                                                                                                                                                                 emissions reductions.47 We believe that
                                                  anode furnace, converter aisle, and the                     The EPA has reviewed ADEQ’s                        it is appropriate to expect early
                                                  flash furnace; outdoor slag pouring;                     attainment demonstration for the                      implementation of less technology-
                                                  materials storage and handling (bedding                  Hayden Lead NAA and is proposing to                   intensive control measures (e.g.,
                                                  area, revert piles, concentrate storage),                determine that the supporting modeling                controlling fugitive dust emissions at
                                                  paved and unpaved roads, crushing and                    is consistent with CAA requirements                   the stationary source, as well as
                                                  screening, and a gas cleaning plant. The                 and Appendix W. The State’s modeling                  required controls on area sources) while
                                                  State provided details and supporting                    indicates that if the Facility were to emit
                                                  information for the control efficiencies                                                                       phasing in the more technology-
                                                                                                           at maximum allowed levels, the                        intensive control measures, such as
                                                  assumed in developing model emission                     maximum 3-month average ambient
                                                  rates. This information, which we                                                                              those involving the purchase and
                                                                                                           concentration would be 0.14165 mg/m3,                 installation of new hardware. The
                                                  reviewed and agree is reasonable, is                     which is below the NAAQS level of 0.15
                                                  contained in multiple appendices 40 and                                                                        expeditious implementation of RACM/
                                                                                                           mg/m3.43 44 This modeled concentration                RACT at affected sources within the
                                                  supporting spreadsheets 41 that were                     includes the background lead
                                                  submitted with the Plan.                                                                                       nonattainment area is an appropriate
                                                                                                           concentration of 0.0028 mg/m3. The                    approach to assure attainment of the
                                                     The State adequately characterized                    modeling indicates that the controls
                                                  source parameters (as described in                                                                             lead NAAQS in an expeditious
                                                                                                           required under Rules R18–2–B1301 and                  manner.48
                                                  detail in our TSD) as well as the                        R18–2–B1301.01 are sufficient for the
                                                  Facility’s building layout and locations                 Hayden Lead NAA to attain the 2008                    2. RFP Demonstration in the 2017
                                                  in its modeling. Where appropriate, the                  lead NAAQS.                                           Hayden Lead Plan
                                                  Building Profile Input Program for
                                                  PRIME, which is a component of                           E. Reasonable Further Progress                          The RFP demonstration for the
                                                  AERMOD, was used to assist in                            Demonstration                                         Hayden area is located in Chapter 4 of
                                                  characterizing building downwash.                                                                              the 2017 Hayden Lead Plan. The Plan
                                                                                                           1. Requirements for RFP                               includes a detailed schedule for the
                                                  d. Background Concentrations                                CAA section 172(c)(2) requires that                expeditious implementation of key
                                                    ADEQ selected background lead                          attainment plans shall provide for RFP.               controls required under Rules R18–2–
                                                  concentrations using ambient air                         RFP is defined in section 171(1) as such              B1301 and R18–2–B1301.01, along with
                                                  measurements recorded in 2013 at                         annual incremental reductions in                      the emissions reductions associated
                                                  Children’s Park monitor in Tucson,                       emissions of the relevant air pollutant as            with these controls, as shown in Table
                                                  Arizona (AQS ID: 04–019–1028), a                         are required by CAA title I, part D for               6.49 Failure to implement any of these
                                                  regionally representative site. This                     nonattainment areas or may reasonably                 control measures by the associated
                                                  monitor began measuring 24-hour mean                     be required by the Administrator for the              deadline would constitute a failure to
                                                  concentrations of lead in total                          purpose of ensuring attainment of the                 make RFP and thus trigger
                                                  suspended particulate in February 2012                   applicable NAAQS by the applicable                    implementation of contingency
                                                  and operated through May 2016. The                       date. Historically, RFP has been met                  measures, as described in section IV.F
                                                  State used all available measurements                    through generally linear incremental                  below.



                                                     40 See Plan Appendix B (ADEQ Modeling TSD),           2018), and Memo to Rulemaking Docket EPA–R09–           49 The Plan bases certain implementation dates on

                                                  Section 5, and Appendix A (ADEQ Emission                 OAR–2018–0222 titled ‘‘Revised Attainment             the date of EPA’s approval of Asarco’s fugitive dust
                                                  Inventory TSD), Section 7.                               Demonstration and Contingency Measure                 plan under Consent Decree No. CV–15–02206–
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                                                     41 Detailed information on 2019 projected             Modeling—LEADPOST Output Files,’’ from Rynda          PHX–DLR (D. Ariz). See Plan Table 23. The EPA
                                                  emission estimates is contained in spreadsheet           Kay, EPA Region 9, dated June 12, 2018.               approved the wind fence elements of the fugitive
                                                                                                              44 As illustrated in Table 5 of today’s action,
                                                  ‘‘2012 Actuals & 2019 projections.xlsx,’’ while                                                                dust plan on June 26, 2017 and December 20, 2017.
                                                  supporting information for the maximum allowable         actual emissions are expected to be well below        See Letters from Matt Salazar, EPA Region 9, to
                                                  PTE estimates is contained in ‘‘Facility PTE.xlsm.’’     allowable levels.                                     Joseph Wilhelm, Asarco, dated June 26, 2017 and
                                                     42 Data from 2013 were used because two months           45 73 FR 66964 at 67038.
                                                                                                                                                                 December 20, 2017. The remaining elements were
                                                                                                              46 Id., at 67039; Lead Q&A, p. 2.
                                                  of data were missing in the 2012 base year.                                                                    approved on March 15, 2018. See Letter from Matt
                                                     43 See ‘‘Hayden-Pb-Modeling Notes-05142018’’             47 Id.                                             Salazar, EPA Region 9, to Joseph Wilhelm, Asarco,
                                                  (attached to email from Farah Mohammadesmaeili,             48 See 73 FR 66964 (November 12, 2008) at          dated March 15, 2018. The implementation dates in
                                                  ADEQ, to Rynda Kay, EPA Region 9, dated May 22,          67038–67039.                                          Table 6 are calculated accordingly.



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                                                  31096                          Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules

                                                                                     TABLE 6—CONTROL IMPLEMENTATION SCHEDULE AND EMISSION REDUCTIONS
                                                                                                                                                                                                                  Pb emissions
                                                                                                                                                                                                                  reduced per
                                                                                                   Control measure                                                        Date of implementation                      year
                                                                                                                                                                                                                      (tpy)

                                                  Implementation of chemical dust suppression for unpaved roads ..............................................       April 14, 2018 ..........................          0.018
                                                  Implementation of wind fences for materials piles (uncrushed reverts, reverts crushing and                         October 24, 2017 and April 18,                     0.00488
                                                    crushed reverts, bedding materials, and concentrate).                                                              2018.
                                                  Implementation of water sprays for materials piles (uncrushed reverts, reverts crushing and                        July 13, 2018.
                                                    crushed reverts, bedding materials, and concentrate).
                                                  Implementation of new acid plant scrubber blowdown drying system ........................................          November 30, 2016 ................                 0.190
                                                  Implementation of new primary, secondary, and tertiary hooding systems for converter aisle ..                      July 1, 2018 .............................         1.318
                                                  Implementation of new ventilation system for matte tapping and slag skimming for flash fur-                        July 1, 2018 .............................         0.393
                                                    nace.
                                                     Source: Plan, Table 23.


                                                    For informational purposes, Figures 7                       fails to meet RFP requirements or fails                    Because lead concentrations in the
                                                  and 8 in the Plan also depict past and                        to meet its attainment date. They must                  Hayden area are almost entirely
                                                  projected changes to ambient                                  also be measures not relied on to                       attributable to the Asarco smelter,
                                                  concentrations of lead. These figures                         demonstrate RFP or attainment in the                    ADEQ chose to use ambient air
                                                  demonstrate that implementation of the                        plan and should provide SIP-creditable                  concentrations to demonstrate
                                                  controls required under the Plan will                         emissions reductions generally                          equivalency to a year’s worth of RFP. To
                                                  bring the ambient concentration in the                        equivalent to about one year’s worth of                 determine the amount of emissions
                                                  Hayden Lead NAA into compliance                               RFP. The EPA has explained that,                        reductions needed for contingency
                                                  with the lead NAAQS. The ambient                              ‘‘where a single source is responsible for              measures (annual average RFP) ADEQ
                                                  concentration projections also support                        nonattainment, it may be possible to                    used the following equation:
                                                  the State’s contingency measure                               identify the amount of reductions                       (2012 highest monitored
                                                  analysis, as discussed below.                                 required by reference to reductions in                     concentration—2019 modeled
                                                  3. Proposed Action on the RFP                                 ambient air concentrations.’’ 51 Finally,                  concentration)/7 years = Annual
                                                  Demonstration                                                 the SIP should contain a trigger                           Average RFP
                                                                                                                mechanism for the contingency                              Using this equation, ADEQ initially
                                                     Consistent with EPA guidance, the
                                                                                                                measures and specify a schedule for                     calculated it would need a contingency
                                                  Hayden lead SIP provides a detailed
                                                                                                                their implementation.52                                 measure that would achieve a reduction
                                                  schedule for implementing required
                                                  controls and accurately indicates the                            The EPA recognizes that certain                      in ambient lead concentrations of at
                                                  corresponding annual emission                                 actions, such as the notification of                    least 0.0114 mg/m3.54 Based on the
                                                  reductions to be achieved.50 These                            sources, modification of permits, etc.,                 revised modeling submitted by ADEQ in
                                                  reductions will occur at sources, such as                     may be needed before a measure can be                   May 2018, the contingency measure
                                                  unpaved roads and various non-                                implemented. However, states must                       would need to achieve a reduction of at
                                                  smelting fugitive sources that have a                         show that their contingency measures                    least 0.0086 mg/m3.55
                                                  greater influence on the maximum                              can be implemented with only minimal                       ADEQ Rule R18–2–B1301.01 requires
                                                  predicted ambient impacts than the                            further action on their part and with no                that Asarco increase the frequency of
                                                  smelter point sources and the schedule                        additional rulemaking actions such as                   paved road cleaning from once per day
                                                  provides for periodic yields in                               public hearings or legislative review.                  to twice per day within 60 days of
                                                  significant emissions reductions                              The EPA generally expects all actions                   notification by the EPA that the area has
                                                  sufficient to attain the NAAQS. We                            needed to affect full implementation of                 failed to make RFP or to attain by the
                                                  therefore propose to find that the 2017                       the contingency measures to occur                       statutory attainment date.56 To
                                                  Hayden Lead Plan meets the                                    within 60 days after the EPA notifies the               determine the benefit of the increased
                                                  requirements of section 172(c)(2) for                         state of such failure.53 The state should               road cleaning frequency, ADEQ applied
                                                  RFP.                                                          therefore ensure that the measures are                  a 45 percent reduction to the paved road
                                                                                                                fully implemented as expeditiously as                   silt content percentage that Asarco
                                                  F. Contingency Measures                                                                                               reported in its 2015 emissions inventory
                                                                                                                practicable after the requirement takes
                                                  1. Requirements for Contingency                               effect.                                                 (which reflected once-daily street
                                                  Measures                                                                                                              sweeping).57 The State determined that
                                                                                                                2. Contingency Measure in the 2017
                                                     Under CAA section 172(c)(9), all lead                      Hayden Lead Plan                                           54 0.20   mg/m3¥0.12 mg/m3/7 years = 0.0114 mg/
                                                  attainment plans must include                                                                                         m 3.
                                                  contingency measures to be                                       Chapter 4 of the 2017 Hayden Lead                      55 See Memo to Rulemaking Docket EPA–R09–

                                                  implemented if an area fails to meet RFP                      Plan describes the contingency measure                  OAR–2018–0222 titled ‘‘Revised Attainment
                                                  or fails to attain the lead NAAQS by the                      that will be implemented if the area fails              Demonstration and Contingency Measure
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                                                                                                                                                                        Modeling—LEADPOST Output Files,’’ from Rynda
                                                  applicable attainment date. These                             to meet RFP or fails to attain by its                   Kay, EPA Region 9, dated June 12, 2018.
                                                  contingency measures must be fully                            attainment date. The contingency                          56 The EPA approved this rule on February 22,

                                                  adopted rules or control measures that                        measure and the associated calculations                 2018 (83 FR 7614).
                                                  are ready to be implemented quickly                           are summarized below.                                     57 To cross check the emissions inventory, ADEQ

                                                  and without significant additional                                                                                    back-calculated the silt content percentage on
                                                                                                                                                                        paved roads to determine if it was consistent with
                                                  action by the state or the EPA if the area                         51 See Lead Q&A, p.3.                              emissions factors in AP–42. ADEQ assumed the 9.5
                                                                                                                     52 See CAA section 172(c)(9).                      percent silt content was the result of a 45 percent
                                                    50 See   Table 6.                                                53 73 FR 66964 at 67039.                           reduction due to once daily street sweeping. The 45



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                                                                            Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules                                                31097

                                                  the implementation of this measure                       intended to submit these changes as a                     Thus, in reviewing SIP submissions, the
                                                  would reduce the modeled design value                    SIP revision. ADEQ subsequently                           EPA’s role is to approve State choices,
                                                  from 0.14165 mg/m3 to 0.12935 mg/m3.58                   submitted this revision and, on May 4,                    provided that they meet the criteria of
                                                  This amounts to a reduction of 0.0123                    2018, the EPA approved it into the                        the CAA. Accordingly, this proposed
                                                  mg/m3, which exceeds the amount of                       SIP.60 These two recent SIP revisions                     action merely proposes to approve State
                                                  reductions required from contingency                     ensure that ADEQ’s rules provide for                      law as meeting federal requirements and
                                                  measures (one year’s RFP).                               appropriate NSR for lead sources                          does not impose additional
                                                                                                           undergoing construction or major                          requirements beyond those imposed by
                                                  3. Proposed Action on the Contingency
                                                                                                           modification in the Hayden Lead NAA.                      State law. For that reason, this proposed
                                                  Measures
                                                                                                           Therefore, the EPA concludes that the                     action:
                                                     Rule R18–2–B1301.01, which                            NSR requirements have been met for                           • Is not a significant regulatory action
                                                  includes a schedule for prompt                           this area.                                                subject to review by the Office of
                                                  implementation of the contingency                                                                                  Management and Budget under
                                                  measure, is fully adopted by the State                   3. Proposed Action on NSR                                 Executive Orders 12866 (58 FR 51735,
                                                  and has been approved by the EPA. The                       We propose to find that the State has                  October 4, 1993) and 13563 (76 FR 3821,
                                                  reductions generated by the contingency                  demonstrated that the Arizona SIP                         January 21, 2011);
                                                  measure exceed one year’s RFP. We                        meets the requirements of CAA section                        • Is not an Executive Order 13771 (82
                                                  therefore propose to find that the State                 172(c)(5) for the Hayden Lead NAA.                        FR 9339, February 2, 2017) regulatory
                                                  has demonstrated that the 2017 Hayden                                                                              action because SIP approvals are
                                                                                                           V. The EPA’s Proposed Action and
                                                  Lead Plan meets the requirements of                                                                                exempted under Executive Order 12866;
                                                                                                           Request for Public Comments
                                                  section 172(c)(9) for contingency                                                                                     • Does not impose an information
                                                  measures that would be triggered for                     A. The EPA’s Proposed Approvals                           collection burden under the provisions
                                                  failure to make RFP and/or for failure to                  This SIP submittal addresses CAA                        of the Paperwork Reduction Act (44
                                                  attain.                                                  requirements and EPA regulations for                      U.S.C. 3501 et seq.);
                                                                                                           expeditious attainment of the 2008 lead                      • Is certified as not having a
                                                  G. New Source Review                                                                                               significant economic impact on a
                                                                                                           NAAQS for the Hayden Lead NAA. For
                                                  1. Requirements for NSR                                  the reasons discussed above, the EPA is                   substantial number of small entities
                                                     States containing areas designated as                 proposing to approve under CAA                            under the Regulatory Flexibility Act (5
                                                  nonattainment for the lead NAAQS                         section 110(k)(3) the following elements                  U.S.C. 601 et seq.);
                                                  must submit SIPs that address the                                                                                     • Does not contain any unfunded
                                                                                                           of the 2017 Hayden Lead Plan:
                                                  requirements of nonattainment NSR.                         (1) The SIP’s base year emissions                       mandate or significantly or uniquely
                                                  Specifically, CAA section 172(c)(5)                      inventory as meeting the requirements                     affect small governments, as described
                                                  requires states that have areas                          of CAA section 172(c)(3) and 40 CFR                       in the Unfunded Mandates Reform Act
                                                  designated as nonattainment for the lead                 51.117(e)(1);                                             of 1995 (Pub. L. 104–4);
                                                                                                             (2) the attainment demonstration,                          • Does not have Federalism
                                                  NAAQS to submit provisions requiring
                                                                                                           including air quality modeling, as                        implications as specified in Executive
                                                  permits for the construction and
                                                                                                           meeting the requirements of CAA                           Order 13132 (64 FR 43255, August 10,
                                                  operation of new or modified stationary
                                                                                                           section 172(c)(1);                                        1999);
                                                  sources anywhere in the nonattainment                                                                                 • Is not an economically significant
                                                  area, in accordance with the permit                        (3) the RACM/RACT demonstration as
                                                                                                           meeting the requirements of CAA                           regulatory action based on health or
                                                  requirements under CAA section 173.                                                                                safety risks subject to Executive Order
                                                                                                           section 172(c)(1);
                                                  2. NSR in the 2017 Hayden Lead Plan                        (4) the RFP demonstration as meeting                    13045 (62 FR 19885, April 23, 1997);
                                                     The 2017 Hayden Lead Plan explains                    the requirements of CAA section                              • Is not a significant regulatory action
                                                  that in 2012 ADEQ submitted a SIP                        172(c)(2); and                                            subject to Executive Order 13211 (66 FR
                                                  revision to update its NSR program and                     (5) the contingency measures as                         28355, May 22, 2001);
                                                                                                           meeting the requirements of the CAA                          • Is not subject to requirements of
                                                  that the EPA subsequently issued a
                                                                                                           section 172(c)(9);                                        section 12(d) of the National
                                                  limited approval/limited disapproval of
                                                                                                             We are also proposing to find that the                  Technology Transfer and Advancement
                                                  this SIP revision.59 ADEQ also noted
                                                                                                           State has demonstrated that the Arizona                   Act of 1995 (15 U.S.C. 272 note) because
                                                  that it had revised its rules to correct the
                                                                                                           SIP meets the requirements of CAA                         application of those requirements would
                                                  deficiencies identified in the limited
                                                                                                           section 172(c)(5) for the Hayden Lead                     be inconsistent with the Clean Air Act;
                                                  approval/limited disapproval and
                                                                                                           NAA.                                                      and
                                                                                                                                                                        • Does not provide the EPA with the
                                                  percent figure is consistent with the Maricopa           B. Request for Public Comments
                                                  Association of Governments’ Five Percent Plan for                                                                  discretionary authority to address
                                                  PM10, which used a 55 percent reduction, but adds          We are taking public comments for                       disproportionate human health or
                                                  in a 10 percent safety margin. The EPA approved          thirty days following the publication of                  environmental effects with practical,
                                                  the Five Percent Plan on June 10, 2014 (79 FR                                                                      appropriate, and legally permissible
                                                  33107). Using this assumption, ADEQ calculated
                                                                                                           this proposed rule in the Federal
                                                  the silt content percentage on paved roads without       Register. We will take all comments into                  methods under Executive Order 12898
                                                  once-daily street sweeping to be approximately 21        consideration in our final rule.                          (59 FR 7629, February 16, 1994).
                                                  percent, which is in line with the range of values                                                                    In addition, the SIP is not approved
                                                  in AP–42 (15.4–21.7 percent).                            IV. Statutory and Executive Order                         to apply on any Indian reservation land
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                                                     58 See ‘‘Hayden-Pb-Modeling Notes-05142018’’          Reviews                                                   or in any other area where the EPA or
                                                  (attached to email from Farah Mohammadesmaeili,
                                                  ADEQ, to Rynda Kay, EPA Region 9, dated May 22,            Under the CAA, the Administrator is                     an Indian tribe has demonstrated that a
                                                  2018), Section 4.7.3 and Appendix E of the Plan,         required to approve a SIP submission                      tribe has jurisdiction. In those areas of
                                                  and Memo to Rulemaking Docket EPA–R09–OAR–               that complies with the provisions of the                  Indian country, the rule does not have
                                                  2018–0222 titled ‘‘Revised Attainment                                                                              tribal implications and will not impose
                                                  Demonstration and Contingency Measure
                                                                                                           Act and applicable federal regulations.
                                                  Modeling—LEADPOST Output Files,’’ from Rynda             42 U.S.C. 7410(k); 40 CFR 52.02(a).                       substantial direct costs on tribal
                                                  Kay, EPA Region 9, dated June 12, 2018.                                                                            governments or preempt tribal law as
                                                     59 80 FR 67319 (November 2, 2015).                         60 83   FR 19631 (May 4, 2018).                      specified by Executive Order 13175 (65


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                                                  31098                     Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules

                                                  FR 67249, November 9, 2000). We have                     DATES:  The public hearing will be held               How can I get copies of this document,
                                                  offered to consult with the San Carlos                   on July 18, 2018 at the location noted                the proposed rule, and other related
                                                  Apache Tribe, which has lands                            below under ADDRESSES. The hearing                    information?
                                                  bordering on the Hayden Lead NAA.61                      will begin at 9:00 a.m. and end when all                The EPA has established a docket for
                                                                                                           parties present who wish to speak have                this action under Docket ID No. EPA–
                                                  List of Subjects in 40 CFR Part 52
                                                                                                           had an opportunity to do so. Parties                  HQ–OAR–2018–0167. The EPA has also
                                                    Environmental protection, Air                          wishing to testify at the hearing should              developed a website for the Renewable
                                                  pollution control, Incorporation by                      notify the contact person listed under                Fuel Standard (RFS) program, including
                                                  reference, Intergovernmental relations,                  FOR FURTHER INFORMATION CONTACT by
                                                                                                                                                                 the notice of proposed rulemaking, at
                                                  Lead, Reporting and recordkeeping                        July 13, 2018. Additional information                 the address given above.
                                                  requirements.                                            regarding the hearing appears below                     Please refer to the notice of proposed
                                                     Authority: 42 U.S.C. 7401 et seq.                     under SUPPLEMENTARY INFORMATION.                      rulemaking for detailed information on
                                                    Dated: June 21, 2018.                                  ADDRESSES: The hearing will be held at                accessing information related to the
                                                  Michael Stoker,                                          the following location: Ann Arbor                     proposal.
                                                  Regional Administrator, Region IX.                       Marriott Ypsilanti at Eagle Crest, 1275 S.              Dated: June 26, 2018.
                                                                                                           Huron St., Ypsilanti, MI 48197 (phone
                                                  [FR Doc. 2018–14198 Filed 7–2–18; 8:45 am]                                                                     Christopher Grundler,
                                                                                                           number 734–487–2000). A complete set
                                                  BILLING CODE 6560–50–P                                                                                         Director, Office of Transportation and Air
                                                                                                           of documents related to the proposal
                                                                                                                                                                 Quality, Office of Air and Radiation.
                                                                                                           will be available for public inspection
                                                                                                                                                                 [FR Doc. 2018–14329 Filed 7–2–18; 8:45 am]
                                                  ENVIRONMENTAL PROTECTION                                 through the Federal eRulemaking Portal:
                                                                                                                                                                 BILLING CODE 6560–50–P
                                                  AGENCY                                                   http://www.regulations.gov, Docket ID
                                                                                                           No. EPA–HQ–OAR–2018–0167.
                                                  40 CFR Part 80                                           Documents can also be viewed at the
                                                                                                                                                                 ENVIRONMENTAL PROTECTION
                                                                                                           EPA Docket Center, located at 1301
                                                                                                                                                                 AGENCY
                                                  [EPA–HQ–OAR–2018–0167; FRL–9980–42–                      Constitution Avenue NW, Room 3334,
                                                  OAR]                                                     Washington, DC between 8:30 a.m. and                  40 CFR Chapter I
                                                                                                           4:30 p.m., Monday through Friday,
                                                  RIN 2060–AT93                                            excluding legal holidays.                             [EPA–HQ–OA–2018–0107; FRL–9980–45–
                                                                                                                                                                 OA]
                                                  Public Hearing for Standards for 2019                    FOR FURTHER INFORMATION CONTACT:    Julia
                                                                                                           MacAllister, Office of Transportation                 RIN 2010–AA12
                                                  and Biomass-Based Diesel Volume for
                                                  2020 Under the Renewable Fuel                            and Air Quality, Assessment and
                                                                                                           Standards Division, Environmental                     Increasing Consistency and
                                                  Standard Program                                                                                               Transparency in Considering Costs
                                                                                                           Protection Agency, 2000 Traverwood
                                                  AGENCY:  Environmental Protection                        Drive, Ann Arbor, MI 48105; telephone                 and Benefits in the Rulemaking
                                                  Agency (EPA).                                            number: (734) 214–4131; Fax number:                   Process
                                                  ACTION: Announcement of public                           (734) 214–4816; Email address: RFS-                   AGENCY: Environmental Protection
                                                  hearing.                                                 Hearing@epa.gov.                                      Agency (EPA).
                                                                                                           SUPPLEMENTARY INFORMATION:     The                    ACTION: Advance notice of proposed
                                                  SUMMARY:   The Environmental Protection
                                                                                                           proposal for which EPA is holding the                 rulemaking; extension of comment
                                                  Agency (EPA) is announcing a public
                                                                                                           public hearing will be published                      period.
                                                  hearing to be held in Ypsilanti, MI on
                                                                                                           separately in the Federal Register. The
                                                  July 18, 2018 for the proposed rule                                                                            SUMMARY:   On June 13, 2018, the
                                                                                                           pre-publication version can be found at
                                                  ‘‘Renewable Fuel Standard Program:                                                                             Environmental Protection Agency (EPA)
                                                                                                           https://www.epa.gov/renewable-fuel-
                                                  Standards for 2019 and Biomass-Based                                                                           proposed an advance notice of proposed
                                                                                                           standard-program/regulations-and-
                                                  Diesel Volume for 2020.’’ This proposed                                                                        rulemaking titled, ‘‘Increasing
                                                                                                           volume-standards-under-renewable-
                                                  rule will be published separately in the                                                                       Consistency and Transparency in
                                                                                                           fuel-standard.
                                                  Federal Register. The pre-publication                                                                          Considering Costs and Benefits in
                                                  version of this proposal can be found at                   Public Hearing: The public hearing
                                                                                                           will provide interested parties the                   Rulemaking Process.’’ The EPA is
                                                  https://www.epa.gov/renewable-fuel-                                                                            extending the comment period on the
                                                  standard-program/regulations-and-                        opportunity to present data, views, or
                                                                                                           arguments concerning the proposal                     proposed rule, which was scheduled to
                                                  volume-standards-under-renewable-                                                                              close on July 13, 2018, until August 13,
                                                  fuel-standard. In the separate notice of                 (which can be found at https://
                                                                                                           www.epa.gov/renewable-fuel-standard-                  2018. The EPA is making this change in
                                                  proposed rulemaking, EPA has                                                                                   response to public requests for an
                                                  proposed amendments to the renewable                     program/regulations-and-volume-
                                                                                                           standards-under-renewable-fuel-                       extension of the comment period.
                                                  fuel standard program regulations that
                                                                                                           standard). The EPA may ask clarifying                 DATES: The public comment period for
                                                  would establish annual percentage
                                                                                                           questions during the oral presentations               the proposed rule published in the
                                                  standards for cellulosic biofuel,
                                                                                                           but will not respond to the                           Federal Register on June 13, 2018 (83
                                                  biomass-based diesel, advanced biofuel,
                                                                                                           presentations at that time. Written                   FR 27524), is extended. Written
                                                  and renewable fuels that would apply to
                                                                                                           statements and supporting information                 comments must be received on or before
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                                                  all gasoline and diesel produced in the
                                                                                                           submitted during the comment period                   August 13, 2018.
                                                  U.S. or imported in the year 2019. In
                                                  addition, the separate proposal includes                 will be considered with the same weight               ADDRESSES: Submit your comments,
                                                  a proposed biomass-based diesel                          as any oral comments and supporting                   identified by Docket ID No. EPA–HQ–
                                                  applicable volume for 2020.                              information presented at the public                   OA–2018–0107 at http://
                                                                                                           hearing. Written comments must be                     www.regulations.gov. Follow the online
                                                    61 See letter from Matthew Lakin, EPA Region 9,        received by the last day of the comment               instructions for submitting comments.
                                                  to Terry Rambler, San Carlos Apache Tribe, dated         period, as specified in the notice of                 Once submitted, comments cannot be
                                                  December 18, 2017.                                       proposed rulemaking.                                  edited or removed from Regulations.gov.


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Document Created: 2018-07-02 23:55:43
Document Modified: 2018-07-02 23:55:43
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.
DatesAny comments on this proposal must arrive by August 2, 2018.
ContactGinger Vagenas, EPA Region IX, 415- 972-3964, [email protected]
FR Citation83 FR 31087 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead and Reporting and Recordkeeping Requirements

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