[Federal Register Volume 61, Number 147 (Tuesday, July 30, 1996)]
[Proposed Rules]
[Pages 39614-39617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19322]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA047-6936; FRL-5544-4]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Approval of Lead Implementation Plan for an Area in
Northeast Philadelphia, PA
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA proposes full approval of the state implementation plan
(SIP) submitted by the Commonwealth of Pennsylvania for the purpose of
bringing about the attainment of the national ambient air quality
standard (NAAQS) for lead. The implementation plan was submitted by the
Commonwealth to satisfy certain Federal requirements for an approvable
nonattainment area lead SIP for a portion of Philadelphia,
Pennsylvania. This action is being taken under section 110 of the Clean
Air Act.
DATES: Comments must be received on or before August 29, 1996.
ADDRESSES: Comments may be mailed to Makeba A. Morris, Chief, Technical
Assessment Section, Mailcode 3AT22, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107. Copies of the documents relevant to this action are available
for public inspection during normal business hours at the Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;
Department of Public Health, Air Management Services, 321 University
Avenue, Philadelphia, Pennsylvania 19104.
FOR FURTHER INFORMATION CONTACT: Denis M. Lohman, (215) 566-2192,
Technical Assessment Section (Mailcode 3AT22), at the EPA Region III
address above or via e-mail at [email protected]. While
information may be requested via e-mail, comments must be submitted in
writing to the EPA Region III address above.
SUPPLEMENTARY INFORMATION: On September 30, 1994, the Pennsylvania
Department of Environmental Resources submitted a revision to its State
Implementation Plan (SIP) for a portion of northeast Philadelphia.
The revision consists of revised permits for three sources of lead
emissions. The revised permits specify emission limits, operational
practices, and compliance provisions for each of the three sources.
I. Background
The national ambient air quality standard (NAAQS) for lead is 1.5
micrograms of lead per cubic meter of air (g/m3), averaged
over a calendar quarter (see 40 CFR 50.12). Regulations promulgated
pursuant to Section 110 of the Clean Air Act (Act) and codified at 40
CFR 51.117(a)(2) provide the each state implementation plan (SIP) must
contain a demonstration showing that the plan will attain and maintain
the standard in any area that has lead air concentrations in excess of
the national ambient air quality standard concentration for lead,
measured since January 1, 1974.
In 1988 the Philadelphia Department of Public Health, Air
Management Services (``AMS'') began monitoring lead concentrations in
air at a site located at Castor and Delaware Avenues in northeast
Philadelphia. The site, designated as ITO (Site #0449), is in the
vicinity of two sources which are not included in the lead SIP approved
by EPA in 1984 (see 49 FR 30697). In seven (7) of the 12 calendar
quarters of the years 1988, 1989, and 1990, the ITO site measured lead
air concentrations in excess of the national ambient air quality
standard concentration for lead. The maximum quarterly average lead
concentration, monitored in the fourth quarter of 1990, was 2.95
g/m3.
On July 6, 1992, EPA notified the Governor of Pennsylvania of its
finding that, pursuant to section 110 (a)(2)(H)(ii) of the Act, the
Philadelphia portion of the Pennsylvania SIP was substantially
inadequate to attain and maintain the NAAQS for lead. Section 110(k)(5)
of the Act requires the Commonwealth to revise the SIP whenever a
finding of inadequacy is made. The adopted and implemented SIP revision
must be submitted to EPA within 18 months following notification of the
State Governor. Therefore, the SIP revision was due January 6, 1994.
Under section 110(n)(2)(B) of the Act, attainment of the NAAQS must be
demonstrated within 5 years of the date of issuance of a finding of SIP
inadequacy. In the SIP call letter issued on July 6, 1992, EPA required
that the NAAQS for lead be attained in Philadelphia by July, 1995;
therefore, within 3 years.
On September 30, 1994, AMS, through the Pennsylvania Department of
Environmental Resources, submitted a lead SIP revision request to EPA.
The SIP revision contained attainment demonstrations and compliance
provisions for three sources: Franklin
[[Page 39615]]
Smelting & Refining Corporation (``Franklin Smelting''), at 3100 E.
Castor Avenue; MDC Industries, Inc. (``MDC''), at Castor and Delaware
Avenues; and Anzon, Inc. (``Anzon''), at 2545 Aramingo Avenue. In this
rulemaking action on the Pennsylvania lead SIP, EPA is proposing to
approve a SIP revision requested by AMS taking into consideration the
specific facts summarized in this notice and presented in a Technical
Support Document which may be reviewed at the EPA Region III address
above. Thus, EPA will consider any timely comments submitted within 30
days before taking final action on today's proposal.
II. Today's Action
A. Analysis of State Submission
1. Procedural Background
AMS held a public hearing on August 8, 1994, to entertain public
comment on the implementation plan for Franklin Smelting, MDC, and
Anzon. Following the public hearing the plan was adopted by the
Commonwealth and signed by the Secretary, Pennsylvania Department of
Environmental Resources on September 30, 1994, and submitted to EPA on
September 30, 1994, as a proposed revision to the SIP.
The SIP revision was reviewed by EPA to determine completeness in
accordance with the completeness criteria set out at 40 CFR Part 51,
Appendix V (1991), as amended by 57 FR 42216 (August 26, 1991). The
submittal was found to be complete on March 20, 1995, and a letter
dated March 20, 1995, was forwarded to the Pennsylvania Department of
Environmental Resources indicating the completeness of the submittal
and the next steps to be taken in the review process. In this action,
EPA proposes to approve the Pennsylvania's lead SIP revision submittal
affecting Franklin Smelting, MDC, and Anzon and invites public comment
on the action.
2. Accurate Emissions Inventory
To be approved the plan must include a comprehensive, accurate,
current inventory of actual emissions from all sources of relevant
pollutants in the area. The emissions inventory should identify the
locations of affected sources. The emissions inventory should also
include a comprehensive, accurate, and current inventory of allowable
emissions in the area.
AMS submitted an emissions inventory based on stack tests of point
sources and fugitive source emission rate estimates based on emission
factors published by EPA in a document entitled ``Compilation of
Stationary Source Emission Factors,'' commonly referred to as AP-42.
The baseline inventory identified Franklin Smelting as the primary
cause of monitored NAAQS exceedances, contributing over 86 percent of
the total emissions in the immediate vicinity during the time that the
violations were recorded. Additional contributing sources included MDC
and Goldberg & Sons, Inc., contributing eight (8) and five (5) percent
of the total emissions respectively. Goldberg & Sons, Inc. has
subsequently ceased operation. AMS was not able to specify allowable
emission rates for the identified sources. None of the sources have
applicable emission limits for lead except as lead is regarded as
particulate matter. For any given source the lead emissions could range
from less than one percent to nearly half of the particulate matter
emissions.
EPA is proposing to approve the emissions inventory because it
appears to be sufficiently accurate and comprehensive to provide a
basis for determining the adequacy of the attainment demonstration for
this area consistent with the requirements of section 110(a)(2)(K) of
the Clean Air Act. For further details see the Technical Support
Document (TSD).
3. Quantification of Emission Limits
The proposed SIP revision provides application of enforceable
control measures through issuance, for each facility, of source-
specific emission limitations and other necessary requirements in the
form of special operating license (permit) conditions. The emission
limitations contained in each operating permit are consistent with the
emission rate values used to demonstrate attainment in the supporting
modeling analyses.
Franklin Smelting & Refining
Franklin Smelting sources were identified as contributing to the
lead problem. New rules for lead emission controls at the facility were
established as permit conditions attached to Franklin Smelting's
existing licenses for each lead process. Stack sources were identified
with specific allowable lead emission rates and will be controlled as
follows:
(1) The main blast furnace stack emissions, vented through a
baghouse, will be limited to 1.0 pounds per hour of lead (lb/hr).
(2) Emissions from tapping at the blast furnace are controlled by
two baghouses. Tapping Baghouse East has a limit of 0.00926 lb/hr.
Tapping Baghouse West has a limit of 0.00206
lb/hr.
(3) Emissions from the Furnace Yard Enclosure will exhaust to three
baghouses which will exhaust through a common stack. The stack emission
limit is 0.714 lb/hr.
(4) Emissions inside the converter building are controlled by two
control systems. Localized hoods over the converters are exhausted to
the converter scrubber/baghouse system. Lead emissions from this system
are limited to 0.33 lb/hr. The converter building is exhausted to a
baghouse and through the Tenolli stack. Lead emissions from the Tenolli
stack are limited to 0.413 lb/hr.
(5) Emissions from the shredder are required to be controlled by a
baghouse. Lead emissions from the shredder stack are limited to 0.0429
lb/hr.
Other provisions of the operating permit specify additional control
measures including the control of fugitive or non-stack emissions by
enclosing the emission points within buildings, paving of roads,
adoption of pollution prevention techniques, and good operating
practices. Additional details about the conditions of the operating
permit may be obtained from the TSD.
MDC Industries, Inc.
MDC sources were identified as contributing to the lead
nonattainment problem. Specific allowable lead emission rates were
established for MDC processes, each of which is required to be
controlled by a baghouse as follows:
(1) Slag screening vented through baghouse 1 and limited to 0.047
lb/hr.
(2) Abrasive sizing vented to baghouse 2 and limited to 0.095 lb/
hr.
(3) Dryer vented to baghouse 5 and limited to 0.12 lb/hr.
The MDC processes are further limited to 84 hours per week of operation
with no restriction as to hours per day of operation. Additional
provisions of the operating permit limit visible emissions and require
improved self-monitoring by MDC's personnel directed toward controlling
wind blown dust from storage piles. Additional details about the
conditions of the operating permit may be obtained from the TSD.
Anzon, Inc.
To comply with federal SIP requirements, the proposed SIP revision
includes formal documentation of attainment and provisions to maintain
the lead NAAQS by Anzon. The 1984 Philadelphia lead SIP was submitted
in response to violations of the lead NAAQS recorded in the vicinity of
the Anzon facility. Subsequent to the approval of the 1984 lead SIP,
Anzon made significant operational improvements under a compliance
[[Page 39616]]
agreement with the City of Philadelphia to minimize lead emissions from
its facility. The terms of the compliance agreement are incorporated
into the permit for Anzon submitted with this SIP revision request.
Quarterly averages for lead at ambient air monitoring sites in the
vicinity of Anzon have shown compliance with the lead NAAQS since 1987.
4. Demonstration
The AMS conducted an attainment demonstration using dispersion
modeling to predict quarterly lead averages within 1 kilometer of
Franklin Smelting. Monthly and quarterly averages were determined with
the EPA dispersion model ISCLT2. The EPA screening model SCREEN2 was
used to determine lead concentrations in building cavity regions.
Emission rates from the operating permits for Franklin Smelting and MDC
Industries were modeled along with area and volume sources at those
facilities plus background emissions from Delaware Avenue, nearby
Interstate 95 and E. Goldberg & Sons. Meteorological data from the
Philadelphia International airport for the years 1987 thru 1991 were
used for the modeling. This demonstration indicates that the NAAQS for
lead will be attained and maintained in future years if Franklin
Smelting operates in compliance with its permit. The demonstration
predicted a maximum, or design, concentration in the second quarter of
1991 as 1.41 g/m3, thus demonstrating attainment and
maintenance of the lead NAAQS. For a more detailed description of the
attainment demonstration and the control strategy used, see the TSD
accompanying this notice.
5. Enforceability Issues
The operating permit issued to each facility specifies maximum
allowable emission rates for specified point sources and, in addition,
specifies selected operational practices and schedules for installation
of further control measures. Each permit contains compliance provisions
and specifies monitoring and recordkeeping requirements. Each permit
further addresses federal enforceability by containing the provision:
``This permit shall remain enforceable by the U.S. Environmental
Protection Agency as part of the State Implementation Plan
notwithstanding the expiration date of this permit.''
Consistent with the attainment demonstration described above, the
SIP revision requires that all affected activities must be in full
compliance with the applicable SIP provisions by not later than July 6,
1995. In addition to the applicable control measures, this includes the
applicable recordkeeping requirements which are addressed in the
supporting technical information. Compliance for certain measures, such
as lead mass emission rates must be determined in accordance with
appropriate test methods. The SIP provides that compliance of the lead
mass emission rates applicable to the Blast Complex, the Converter
Complex and the shredder at Franklin Smelting will be determined in
accordance with 40 CFR part 60, appendix A Reference Method 12 or EPA
approved alternatives. Initial tests and biannual retests are required.
EPA finds these test methods are appropriate for determining compliance
because they, along with the required monitoring and recordkeeping,
establish the continuing compliance with the provisions of the
attainment demonstration.
The Commonwealth of Pennsylvania has a program that will ensure
that the measures contained in the operating permits are adequately
enforced. Each permit contains explicit monitoring requirements which
are required to be operable by July 1, 1994. Records of the monitoring
of specified parameters are required to be maintained and available on-
site for inspection. Each facility is also required to report, in
writing within twenty-four hours, any event occurring which may
increase pollutant emissions to the atmosphere. Periodic, either
monthly or quarterly, reporting of specified compliance-related
information is also required in each permit. The TSD contains further
information on enforceability requirements including: enforceable
emission limitations; test methods and compliance schedules as
appropriate; averaging times for compliance test methods; correctly
cited references of incorporated methods/rules; and reporting and
recordkeeping requirements.
Under authority granted by the Pennsylvania Air Pollution Control
Act (35 P.S. Secs. 4001-4015) the Commonwealth of Pennsylvania has
delegated responsibility for the management of air quality in
Philadelphia to AMS. The provisions of Chapter 133 of the Pennsylvania
environmental regulations (25 Pa. Code Sec. 133), effective September
11, 1971, establish procedures for approving local agencies or for
rescinding or suspending previously granted approval.
EPA's review of this material indicates that full compliance with
the proposed SIP revision will result in attainment and maintenance of
the lead NAAQS. EPA is proposing to approve the Pennsylvania SIP
revision for Philadelphia, which was submitted on September 30, 1994.
EPA is soliciting public comments on issues discussed in this notice or
on other relevant matters. These comments will be considered before
taking final action. Interested parties may participate in the Federal
rulemaking procedure by submitting written comments to the EPA Regional
office listed in the ADDRESSES section of this notice.
Proposed Action
EPA is proposing to approve the plan revision submitted to EPA for
the Delaware and Castor Avenue area of northeast Philadelphia on
September 30, 1994. Among other things, the Commonwealth of
Pennsylvania has demonstrated that the Delaware and Castor Avenue area
of northeast Philadelphia area would attain the lead NAAQS by July 6,
1995.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the Commonwealth is already imposing. Therefore,
because the Federal SIP approval does not impose any new requirements,
the Administrator certifies that it does not have a significant impact
on any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
[[Page 39617]]
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action proposed/promulgated
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves pre-existing requirements under State or local law, and
imposes no new Federal requirements. Accordingly, no additional costs
to State, local, or tribal governments, or to the private sector,
result from this action.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
The Administrator's decision to approve or disapprove the SIP
revision controlling lead emissions in Philadelphia will be based on
whether it meets the requirements of section 110(a)(2) (A)-(K) and of
the Clean Air Act, as amended, and EPA regulations in 40 CFR Part 51.
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. 7401-7671q.
Dated: July 17, 1996.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
[FR Doc. 96-19322 Filed 7-29-96; 8:45 am]
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