[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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