[Federal Register Volume 79, Number 48 (Wednesday, March 12, 2014)]
[Rules and Regulations]
[Pages 13875-13877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05227]



40 CFR Part 52

[EPA-R09-OAR-2013-0687; FRL-9907-14-Region 9]

Approval and Promulgation of Implementation Plans; State of 
California; 2012 Los Angeles County State Implementation Plan for 2008 
Lead Standard

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
implementation plan revision submitted by the State of California to 
provide for attainment of the 2008 lead national ambient air quality 
standard in the Los Angeles County nonattainment area. The submitted 
SIP revision is the Final 2012 Lead State Implementation Plan--Los 
Angeles County. Specifically, EPA is approving the emissions inventory, 
attainment demonstration, the reasonably available control measures/
reasonably available control technology demonstration, reasonable 
further progress demonstration, and contingency measures as meeting the 
requirements of the Clean Air Act and EPA's implementing regulations 
for the lead NAAQS.

DATES: Effective Date: This rule is effective on April 11, 2014.

ADDRESSES: You may inspect the supporting information for this action, 
identified by docket number EPA-R09-OAR-2013-0687, by one of the 
following methods:
    1. Federal eRulemaking portal, http://www.regulations.gov, please 
follow the online instructions; or,
    2. Visit our regional office at, U.S. Environmental Protection 
Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
    Docket: The index to the docket for this action is available 
electronically on the www.regulations.gov Web site and in hard copy at 
EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105. 
While all documents in the docket are listed in the index, some 
information may be publicly available only at the hard copy location 
(e.g., voluminous records, large maps, copyrighted material), and some 
may not be publicly available at either location (e.g., Confidential 
Business Information). To inspect the hard copy materials, please 
schedule an appointment during normal business hours with the contact 
listed in the FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning 
Office (AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 
947-4192, [email protected].

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

Table of Contents

I. Background
II. Public Comments and EPA's Response
III. EPA's Final Action
IV. Statutory and Executive Order Reviews

[[Page 13876]]

I. Background

A. The Lead NAAQS

    Under the Clean Air Act (CAA), EPA must establish national ambient 
air quality standards (NAAQS) for six criteria pollutants, including 
lead. Lead is generally emitted in the form of particles, which end up 
being 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. These 
include 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 loss, poor academic achievement, long-term 
learning disabilities, and an increased risk of delinquent behavior.
    EPA first established a lead standard in 1978 at 1.5 micrograms per 
meter cubed ([micro]g/m\3\) as a quarterly average.\1\ Based on new 
health and scientific data, EPA revised the federal lead standard to 
0.15 [mu]g/m\3\ and revised the averaging time for the standard on 
October 15, 2008 (see 73 FR 66964, November 12, 2008). A violation of 
the standard occurs when ambient lead concentrations exceed 0.15 [mu]g/
m\3\ averaged over a 3-month rolling period.

    \1\ See 43 FR 46246, October 5, 1978.

    The process for designating areas following promulgation of a new 
or revised NAAQS is contained in section 107(d) of the CAA. The CAA 
generally requires EPA to complete the initial area designations 
process within two years of promulgating a new or revised NAAQS. 
Sixteen areas were designated nonattainment for the 2008 lead NAAQS, 
effective December 31, 2010 (see 75 FR 71033). Based on ambient air 
quality data for the years 2007-2009, a portion of Los Angeles County 
(excluding the high desert areas, San Clemente and Santa Catalina 
Islands) was identified as an area that did not meet the 2008 lead 

    \2\ For an exact description of the Los Angeles County lead 
nonattainment area, see 40 CFR 81.305.

    Areas are required to attain the revised lead standard as 
expeditiously as practicable, but no later than five years from the 
date the nonattainment designation became effective. For the Los 
Angeles County lead nonattainment area, this date is December 31, 2015.
    Attainment demonstration state implementation plans (SIPs) are due 
18 months after the effective date of an area's designation. For the 
Los Angeles County lead nonattainment area, the SIP was due June 30, 
2012. These SIPs should 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. 
Control measures for the 2008 lead NAAQS need to be in place as 
expeditiously as practicable. In order for control measures to result 
in three years of monitored clean data by the attainment date, lead 
areas required to demonstrate attainment by December 31, 2015 should 
have had all necessary controls in place no later than November 1, 
2012.\3\ South Coast Rule 1420.1, ``Emissions Standard for Lead from 
Large Lead-Acid Battery Recycling Facilities,'' was adopted by the 
South Coast Air Quality Management District (SCAQMD or ``District'') on 
November 5, 2010.

    \3\ EPA will consider on a case-by-case basis the approvability 
of attainment demonstration SIPs where control measures are 
scheduled to be operational after November 1. An attainment SIP may 
be approvable even if the state does not anticipate having three 
full years of clean data by the attainment date. See EDF v. EPA, 369 
F.3d 193 (2d Cir. 2004); Sierra Club v. EPA, 356 F3d 296 (D.C. Cir. 
2004) amended 2004 WL 877850 (D.C. Cir. 2004).

The Lead Nonattainment Problem in Los Angeles County
    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. The District determined that the primary causes 
of the nonattainment status of Los Angeles County are two large lead-
acid battery recycling facilities, Exide Technologies located in the 
city of Vernon, and Quemetco, Inc. located in the City of Industry. 
These facilities receive used lead-acid batteries and other lead-
bearing materials and recycle them, recovering the lead. Lead is 
recycled because of its value and to reduce toxic waste, and it is 
primarily used to manufacture new batteries.
    Because regional ambient air lead concentrations indicate low 
ambient lead levels relative to the new lead NAAQS, and the only 
ambient levels exceeding the NAAQS were at sites near the lead-acid 
battery recyclers, SCAQMD's lead attainment strategy is focused on 
reducing directly-emitted lead from these two sources.

B. California's SIP Submittal and EPA Proposed Action

    On December 11, 2013 (78 FR 75293), based on EPA's review of the 
Final 2012 Lead State Implementation Plan--Los Angeles County (May 
2012) (``2012 Los Angeles County Lead SIP'') submitted by California, 
air quality monitoring data, and other relevant materials, EPA proposed 
to approve the State of California's attainment plan for the 2008 lead 
NAAQS, pursuant to CAA section 110(k)(3). The background for today's 
action is discussed in detail in EPA's December 11, 2013 proposed 
rulemaking and technical support document (TSD).
    Our proposed approval of the attainment plan was based on EPA's 
finding that the area meets all lead NAAQS attainment plan requirements 
under CAA sections 172, 191, and 192. EPA's proposal to approve the 
State's attainment plan included SIP-approved control measures for 
secondary lead smelters. Implementation of these control measures has 
resulted in decreased emissions and the continued implementation of 
these control measures is expected to provide for attainment of the 
lead NAAQS by the applicable attainment date. EPA proposed to approve 
the attainment year emissions inventory submitted with the plan, as 
well as the RACM/RACT demonstration, the RFP demonstration, the 
attainment demonstration including modeling, and the contingency 

II. Public Comments and EPA's Response

    We received one public comment on our proposed rule. We summarize 
the comment below and provide our response.
    Comment: The commenter expressed concern over the closing of Doe 
Run in Missouri. (Doe Run was the last primary lead smelter in the 
United States, located in Herculaneum, Missouri, and ceased smelting 
operations at the end of December).
    Response: Our proposed rule concerned lead nonattainment in the Los 
Angeles area. The facility referred to by the commenter is not the 
subject of our proposed action, and the comment has no relevance to our 
proposed action.

[[Page 13877]]

III. EPA's Final Action

    For the reasons discussed in our December 11, 2013 proposal see 78 
FR 75293), EPA is approving California's attainment SIP for the Los 
Angeles County lead nonattainment area for the 2008 lead NAAQS. This 
SIP submittal addresses CAA requirements and EPA regulations for 
expeditious attainment of the 2008 lead NAAQS for the Los Angeles 
County lead nonattainment area.
    For the reasons discussed in our proposed rulemaking, EPA is 
proposing to approve under CAA section 110(k)(3) the following elements 
of the South Coast lead attainment SIP:
    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, 
that demonstrates attainment as expeditiously as practicable, 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);
    5. and contingency measures, as meeting the requirements of the CAA 
section 172(c)(9).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves State law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:
     is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to 
address 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 

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: February 11, 2014.
Jared Blumenfeld,
Regional Administrator, EPA Region IX.

    Part 52, Chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:


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

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

Subpart F--California

2. Section 52.220 is amended by adding paragraph (c)(433) to read as 

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (433) The following plan was submitted on June 20, 2012, by the 
Governor's Designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) South Coast Air Quality Management District.
    (1) Final 2012 Lead State Implementation Plan--Los Angeles County 
(May 2012) (``2012 Los Angeles County Lead SIP''), adopted May 4, 2012.
    (2) SCAQMD Board Resolution 12-11, dated May 4, 2012, adopting the 
2012 Los Angeles County Lead SIP.
    (B) State of California Air Resources Board.
    (1) CARB Resolution 12-20, dated May 24, 2012, adopting the 2012 
Los Angeles County Lead SIP.
[FR Doc. 2014-05227 Filed 3-11-14; 8:45 am]