[Federal Register Volume 79, Number 85 (Friday, May 2, 2014)]
[Proposed Rules]
[Pages 25077-25084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10116]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R09-OAR-2014-0266; FRL-9910-31-Region-9]


Designation of Areas for Air Quality Planning Purposes; State of 
Arizona; Pinal County and Gila County; Pb

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to section 107(d)(3) of the Clean Air Act, the 
Environmental Protection Agency (EPA) is proposing to redesignate the 
Hayden area in Arizona, which encompasses portions of southern Gila and 
eastern Pinal counties, from ``unclassifiable'' to ``nonattainment'' 
for the 2008 national ambient air quality standards for lead (Pb). 
EPA's proposal to redesignate the Hayden area is based on recorded 
violations of the Pb standards at the Arizona Department of 
Environmental Quality's (ADEQ's) Globe Highway monitoring site, located 
near the towns of Hayden and Winkleman, Arizona, and additional 
relevant air quality information. The effect of this action would be to 
redesignate the Hayden area to nonattainment for the Pb standards and 
thereby to impose certain planning requirements on the State of Arizona 
to reduce Pb concentrations within this area, including, but not 
limited to, the requirement to submit, within 18 months of 
redesignation, a revision to the Arizona state implementation plan that 
provides for attainment of the Pb standards as expeditiously as 
practicable, but no later than five years after the date of 
redesignation to nonattainment.

DATES: Any comments must arrive by June 2, 2014.

[[Page 25078]]


ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0266, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: [email protected].
    3. Mail or deliver: Ginger Vagenas (Air-2), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send email directly to EPA, your email 
address will be automatically captured and included as part of the 
public comment. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 
IX, 75 Hawthorne Street, San Francisco, California. While documents in 
the docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material, 
large format or voluminous documents), and some may not be publicly 
available in either location (e.g., CBI). To inspect the hard copy 
materials, please schedule an appointment during normal business hours 
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, (415) 
972-3964, [email protected].

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

Table of Contents

I. Background
II. EPA's Decision To Address Pb Violations Monitored in the Hayden 
Area Through Redesignation
III. State of Arizona's Recommendation and EPA's Analysis
IV. Proposed Action and Request for Public Comment
V. Statutory and Executive Order Reviews

I. Background

    EPA revised the primary (health-based) Pb national ambient air 
quality standard (NAAQS) on October 15, 2008, lowering it from the 1.5 
micrograms per cubic meter ([mu]g/m\3\) level set in 1978 to a level of 
0.15 [mu]g/m\3\. The secondary (welfare-based) standard was revised to 
be identical in all respects to the primary standard. See 73 FR 66964, 
November 12, 2008. An area violates the revised standards if any 
arithmetic 3-month mean (hereafter referred to as ``average'') 
concentration measured within the preceding three years is greater than 
0.15 [mu]g/m\3\. EPA also expanded the Pb monitoring network by 
requiring new monitors to be sited near sources emitting one ton or 
more of Pb per year by January 1, 2010 and in certain non-source 
oriented locations by January 1, 2011.
    Section 107(d) of the Clean Air Act (CAA or ``Act'') establishes a 
process for making initial area designations when a NAAQS is revised. 
In general, states are required to submit designation recommendations 
to EPA within one year of promulgation of a new or revised standard and 
EPA is required to complete initial designations within two years of 
promulgation. However, if EPA has insufficient information to 
promulgate designations, it can extend the period for initial 
designations for up to one year. For the initial designations for the 
2008 Pb NAAQS, data from pre-existing monitors provided sufficient 
information to make some designations within the two-year timeframe. 
Because other areas would not have monitoring data until after the 
newly required monitors were in place, EPA decided to promulgate 
initial designations for the Pb NAAQS in two separate actions. The 
first round of designations (promulgated November 16, 2010 (75 FR 
71033, November 22, 2010)) included areas with sufficient monitoring 
information at the time to determine nonattainment; the second round 
(promulgated November 8, 2011 (76 FR 72097, November 22, 2011)) 
included all other areas.
    On December 15, 2009, in accordance with the process set out in CAA 
section 107(d)(1), Arizona submitted its recommended designations for 
the revised standard to EPA. At that time, ambient air quality data 
collected by EPA Region 9's Superfund Division from a monitor sited at 
the Hayden Maintenance Building, located just west of the ASARCO copper 
concentrate and smelting facility, indicated that the Hayden area was 
violating the new standard.\1\ Arizona recommended that EPA promulgate 
an unclassifiable/attainment designation for most of the State, but 
recommended that EPA delay designating the Hayden area because the 
Asarco Hayden copper smelter (ASARCO), the source of Pb emissions in 
the area, had committed to improve its control of Pb emissions. Arizona 
further recommended that if the Hayden area continued to violate the Pb 
NAAQS on or after March 2010, it should be designated nonattainment. 
Subsequently, ADEQ recommended that if EPA were to determine that 
monitored concentrations in the Hayden area were exceeding the 
standard, the EPA should follow the Governor's recommendation to 
promulgate a lead nonattainment area with boundaries identical to the 
Hayden sulfur dioxide nonattainment area boundaries with respect to 
State lands.\2\
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    \1\ Values from July, August, and September 2008 resulted in a 
3-month average design value of 0.17 [mu]g/m\3\ at the Hayden 
Maintenance Building monitor.
    \2\ Letter (with enclosure) from Benjamin H. Grumbles, Director, 
ADEQ, to Laura Yoshii, Acting Regional Administrator, U.S. EPA 
Region 9, dated December 17, 2009.
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    In 2010, in conjunction with the initial designations for the 2008 
Pb NAAQS, EPA undertook a technical analysis for the Hayden, Arizona 
area to evaluate the available air quality data and to determine 
whether the boundary recommended by the State encompassed the area that 
did not meet, or that contributed to ambient air quality in the area 
that did not meet, the 2008 Pb standard, consistent with section 
107(d)(1)(A). The analysis identified the monitor that was violating 
the newly revised standard and evaluated nearby areas for contributions 
to ambient lead concentrations in the area.\3\ EPA evaluated the 
surrounding area based on the weight of evidence of the following 
factors recommended in previous EPA guidance:
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    \3\ See the 2010 draft technical support document entitled 
``ARIZONA, Area Designations for the 2008 Lead National Ambient Air 
Quality Standards.''
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     Air quality in potentially included versus excluded areas;
     Emissions and emissions-related data in areas potentially 
included versus excluded from the nonattainment area, including 
population data, growth rates and patterns and emissions controls;
     Meteorology (weather and transport patterns);
     Topography (surface features such as mountain ranges or 
other air basin boundaries);
     Jurisdictional boundaries (e.g., counties, air districts, 
and reservations); and
     Any other relevant information submitted to or collected 
by EPA.

[[Page 25079]]

    Based on our consideration of available air quality data and the 
factors listed above, EPA determined that a designation of 
nonattainment was appropriate and that the Hayden area boundaries 
recommended by the State in 2009 encompassed the entire area that did 
not meet (or that contributed to ambient air quality in a nearby area 
that did not meet) the 2008 Pb NAAQS. Accordingly, in a letter dated 
June 14, 2010, EPA notified Arizona that we intended to designate the 
Hayden area nonattainment for the 2008 Pb NAAQS.\4\
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    \4\ Letter from Jared Blumenfeld, Regional Administrator, U.S. 
EPA, Region 9, to Janice K. Brewer, Governor of Arizona, dated June 
14, 2010.
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    EPA subsequently published a notice in the Federal Register 
providing an opportunity for the public to comment on our intended 
designations (75 FR 39254, July 8, 2010). Commenters challenged our 
proposal to designate the Hayden area nonattainment and asserted that 
the monitoring data we relied upon (i.e., the data collected at the 
Superfund Divison's Hayden Maintenance Building site), was not 
collected in accordance with applicable quality assurance and quality 
control (``QA/QC'') requirements. Based on our evaluation of the 
monitoring data issues raised in these comments, we determined that we 
did not have sufficient information to promulgate a nonattainment 
designation for the Hayden area at that time. Accordingly, we delayed 
our designation for the Hayden area until the final round of 
designations, slated for the following year.
    On November 8, 2011, EPA completed its initial designations for the 
revised Pb standard.\5\ Most of Arizona was designated unclassifiable/
attainment for the Pb NAAQS. We designated the Hayden area, with the 
boundaries Arizona recommended,\6\ as unclassifiable rather than 
nonattainment because there were available monitoring data recorded at 
ADEQ's new Globe Highway monitoring site indicating a significant 
likelihood that the area was violating the 2008 Pb NAAQS, but the 
available information was insufficient at that time to make a 
nonattainment designation.\7\ In our letter to Governor Brewer 
notifying her of our action, EPA explained that, should we subsequently 
determine that the lead standards were being violated, we would 
initiate the process to redesignate the Hayden area to 
nonattainment.\8\
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    \5\ See 76 FR 72097, November 22, 2011.
    \6\ See 40 CFR 81.303 for a legal description of the boundary of 
the Hayden area.
    \7\ Because of the form of the 2008 Pb NAAQS, one 3-month 
average ambient air concentration over 0.15 [mu]g/m\3\ is enough to 
cause a violation of the Pb NAAQS. ADEQ's Globe Highway monitor 
registered four violations in 2011; however, at the time of 
designation the data had not been quality assured and certified and 
therefore could not be relied upon as the basis for a nonattainment 
designation.
    \8\ Letter from Lisa P. Jackson, Administrator, U.S. EPA, to 
Janice K. Brewer, Governor of Arizona, dated November 8, 2011.
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II. EPA's Decision To Address Pb Violations Monitored in the Hayden 
Area Through Redesignation

    The CAA grants EPA the authority to change the designation of, or 
``redesignate,'' areas in light of changes in circumstances. More 
specifically EPA has the authority under CAA section 107(d)(3) to 
redesignate areas (or portions thereof) on the basis of air quality 
data, planning and control considerations, or any other air quality-
related considerations.
    Table 1, below, presents a summary of the latest available quality-
assured Pb monitoring data from the State-operated monitor (ADEQ's 
Globe Highway monitor). A map showing the location of the monitor is 
included in our Technical Support Document (EPA TSD), which is 
contained in the docket for this rulemaking.

 Table 1--2012 Pb Design Values (DVs, [mu]g/m\3\), ADEQ's Globe Highway
                      Monitor (AQS ID 04-007-1002)
------------------------------------------------------------------------
                        3-month period                          2012 DVs
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Nov-Dec-Jan..................................................       0.07
Dec-Jan-Feb..................................................       0.14
Jan-Feb-Mar..................................................       0.15
Feb-Mar-Apr..................................................       0.20
Mar-Apr-May..................................................       0.16
Apr-May-Jun..................................................       0.20
May-Jun-Jul..................................................       0.15
Jun-Jul-Aug..................................................       0.14
Jul-Aug-Sep..................................................       0.12
Aug-Sep-Oct..................................................       0.11
Sept-Oct-Nov.................................................       0.09
Oct-Nov-Dec..................................................       0.06
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* Data pulled from AQS on March 31, 2014.

    As shown in Table 1, the ADEQ's Globe Highway monitor recorded 
three violations in 2012. An area violates the revised standards if any 
arithmetic 3-month average concentration is greater than 0.15 [mu]g/
m\3\. The NAAQS is met if an area does not measure any exceedances of 
the standard for three consecutive calendar years.
    On June 12, 2013, under CAA section 107(d)(3)(A), EPA notified the 
Governor of Arizona that the designation for Hayden should be revised. 
EPA's June 2013 decision to initiate the redesignation process for the 
Hayden area stemmed from review of the quality assured, certified 
monitoring data that indicate that three-month rolling average values 
violated the Pb standards for February-April, March-May, and April-June 
2012. In light of the violations of the Pb standard recorded in 2012 at 
ADEQ's Globe Highway monitor, EPA concluded that the SIP planning and 
control requirements that are triggered by redesignation of an area to 
nonattainment for the Pb NAAQS would be the most appropriate means to 
ensure that this air quality problem is remedied.
    Section III of this document describes the State of Arizona's 2013 
recommendation with respect to this proposed redesignation to 
nonattainment and summarizes EPA's review of both the State's 
recommendation and additional relevant information, and our conclusions 
based on that review. Section IV describes our proposed action and the 
corresponding CAA planning requirements that would thereby be 
triggered.

III. State of Arizona's Recommendation and EPA's Analysis

Monitoring Data

    Pursuant to section 107(d)(3)(B) of the Act, on September 25, 2013, 
the Governor of Arizona responded to EPA's June 12, 2013 notification 
that the Hayden area should be redesignated to nonattainment for the Pb 
NAAQS. Governor Brewer recommended that the Hayden area not be 
redesignated to nonattainment ``because there have been no lead [Pb] 
standard violations since June 2012, when the ASARCO Hayden Copper 
Smelter completed the addition of controls to reduce lead emissions.'' 
\9\ The Governor acknowledged that if additional violations of the 2008 
Pb NAAQS occur, a designation to nonattainment for the Pb standard 
would be appropriate and that in such a case, the Pb nonattainment area 
boundaries should be identical to the Hayden sulfur dioxide 
(SO2) nonattainment area boundaries, as recommended in her 
December 15, 2009 letter.10 11
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    \9\ Letter from Janice K. Brewer, Governor of Arizona, to Jared 
Blumenfeld, Regional Administrator, U.S. EPA Region 9, dated 
September 25, 2013.
    \10\ The boundaries of the SO2 nonattainment area and 
the Pb unclassifiable area are identical.
    \11\ The Governor explicitly excludes Indian country, which is 
appropriate given that the State of Arizona is not authorized to 
administer programs under the CAA in the affected Indian country.

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[[Page 25080]]

    In support of the Governor's recommendation, ADEQ submitted to EPA 
a technical support document entitled, ``Relationship Between Ambient 
Sulfur Dioxide and Lead Concentrations'' \12\ (ADEQ 2013 TSD). The ADEQ 
2013 TSD examines the relationship between ambient concentrations of 
SO2 and Pb over time. ADEQ asserts that there is a very 
strong relationship between the two pollutants, but that the separation 
between the SO2 concentrations and Pb concentrations 
increased after July 2012, which they attribute to a decrease in Pb 
emissions due to new controls. The document states that ambient 
SO2 concentrations were approximately 263 times that of Pb 
during the period of January 15, 2011 to June 30, 2012. From July 1, 
2012 to June 30, 2013, the average SO2/Pb ratio changed to 
approximately 719. ADEQ points to this ``abrupt change'' in the ratio 
of SO2 to Pb concentrations that occurred around July 2012 
as evidence that the Pb emissions controls installed at that time have 
reduced the ambient concentrations of Pb. ADEQ concludes that, 
``[w]hile it is believed that the installed control devices were 
effective in reducing the ambient Pb concentrations in Hayden, AZ, 
additional data would be needed to verify that the Globe Highway Pb 
monitor continues to attain the Pb NAAQS.'' \13\
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    \12\ Letter (with enclosure) from Eric C. Massey, Director, Air 
Quality, ADEQ, to Jared Blumenfeld, Regional Administrator, U.S. EPA 
Region 9, dated October 4, 2013.
    \13\ ADEQ 2013 TSD, page 4.
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    EPA has reviewed the Governor's recommendation and ADEQ's 2013 TSD 
and concurs with the statement that ADEQ's Globe Highway monitor has 
not measured a violation since July of 2012. However, given the form of 
the Pb NAAQS, in order to be considered to be attaining the standard an 
area must have three years of valid air quality data without any 
violations of the 2008 Pb NAAQS.\14\ As shown in Table 1, the most 
recent certified monitoring data collected at ADEQ's Globe Highway 
monitor near the ASARCO facility show three violations of the 2008 Pb 
NAAQS in 2012. Accordingly, we also concur with ADEQ's conclusion that 
the data gathered thus far by the ADEQ Globe Highway monitor are not 
sufficient to determine that the area has attained the NAAQS.
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    \14\ Data from calendar year 2013 have not yet been certified as 
being complete and accurate, and are therefore considered to be 
supplemental data for this action. This certification is due by May 
1, 2014 pursuant to 40 CFR 58.15.
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Other Air Quality-Related Considerations

    In addition to certified data from 2012 collected at the ADEQ Globe 
Highway Monitor, EPA has evaluated monitoring data collected in 
calendar year 2013. Because these data have not yet been certified as 
being completely submitted and accurate, we present data from 2013 as 
supplemental information for this action.
    As of March 31, 2014, data through December 31, 2013 from ADEQ's 
Globe Highway monitor (04-007-1002) are available in EPA's Air Quality 
System (AQS) database. According to the preliminary data from the ADEQ 
Globe Highway monitor, no three-month rolling averages from 2013 have 
violated the Pb NAAQS, although two monthly averages from 2013 (March 
and June) were above the 0.15 [micro]g/m\3\ level of the Pb NAAQS. See 
Table 2.

                            Table 2--Preliminary 2013 Data From ASARCO's Monitoring Network and ADEQ's Globe Highway Monitor
                                                          [Pb Concentrations ([micro]g/m \3\)]
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                                                                                            ASARCO monitors                                 ADEQ monitor
                                                            --------------------------------------------------------------------------------------------
                                                              Hillcrest   Parking Lot         Post Office         Winkelman      Globe         Globe
                                                                 Ave.    ---------------------------------------      HS        Highway    Highway--ADEQ
                                                            -------------                            ST-26 co-  ----------------------------------------
                                                                ST-23        ST-14        ST-26       located       ST-02        ST-05     (04-007-1002)
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January 2013 monthly average...............................  ...........  ...........  ...........  ...........  ...........  ...........         0.063
Nov 2012-Jan 2013 3 month average..........................  ...........  ...........  ...........  ...........  ...........  ...........          0.04
February 2013 monthly average..............................  ...........  ...........  ...........  ...........  ...........  ...........         0.049
Dec 2012-Feb 2013 3 month average..........................  ...........  ...........  ...........  ...........  ...........  ...........          0.04
March 2013 monthly average.................................  ...........  ...........  ...........  ...........  ...........  ...........         0.170
Jan-March 2013 3 month average.............................  ...........  ...........  ...........  ...........  ...........  ...........          0.09
April 2013 monthly average.................................  ...........  ...........  ...........  ...........  ...........  ...........         0.112
Feb-Apr 2013 3 month average...............................  ...........  ...........  ...........  ...........  ...........  ...........          0.11
May 2013 monthly average...................................  ...........  ...........  ...........  ...........  ...........  ...........         0.062
Mar-May 2013 3 month average...............................  ...........  ...........  ...........  ...........  ...........  ...........          0.11
June 2013 monthly average..................................  ...........  ...........  ...........  ...........  ...........  ...........         0.183
Apr-Jun 2013 3 month average...............................  ...........  ...........  ...........  ...........  ...........  ...........          0.12
July 2013 monthly average..................................        0.096  ...........  ...........  ...........  ...........  ...........         0.081
May-Jul 2013 3 month average...............................  ...........  ...........  ...........  ...........  ...........  ...........          0.11
Aug 2013 monthly average...................................        0.185        0.664        0.183  ...........  ...........  ...........         0.069
Jun-Aug 2013 3 month average...............................  ...........  ...........  ...........  ...........  ...........  ...........          0.11
Sept 2013 monthly average..................................        0.115        0.289        0.096  ...........        0.015        0.063         0.045
Jul-Sep 2013 3 month average...............................         0.13  ...........  ...........  ...........  ...........  ...........          0.06
Oct 2013 monthly average...................................        0.115        0.257        0.069  ...........        0.016        0.078         0.055
Aug-Oct 2013 3 month average...............................         0.14         0.40  ...........  ...........  ...........  ...........          0.06
Nov 2013 monthly average...................................        0.346        1.396        0.124        0.118        0.015        0.019         0.021
Sep-Nov 2013 3 month average...............................         0.19         0.65         0.10  ...........         0.02         0.05          0.04
Dec 2013 monthly average...................................  ...........  ...........  ...........  ...........  ...........  ...........          0.01
Oct-Dec 2013 3 month average...............................  ...........  ...........  ...........  ...........  ...........  ...........          0.03
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[[Page 25081]]

    In July 2013, ASARCO installed and began collecting monitoring data 
from a new network of ambient monitors surrounding the facility.\15\ 
Because the ASARCO data are preliminary, EPA has evaluated the use of 
this set of secondary data by considering trends, gradients, and the 
magnitude of measured concentrations relative to the standard.
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    \15\ ASARCO's monitors were sited in accordance with 40 CFR 58. 
See Figure 8 of EPA's TSD for a map showing the locations of the 
ASARCO-operated monitors.
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    The new monitoring network includes a monitor (Globe Highway-
ASARCO) located 14 meters southwest of ADEQ's Globe Highway monitor. 
Preliminary, uncertified data from both the ADEQ Globe Highway monitor 
and the Globe Highway-ASARCO monitor are available for September-
November 2013. The Globe Highway-ASARCO monitor measured approximately 
0.017 [micro]g/m\3\ higher on average than ADEQ's Globe Highway 
monitor. While the two monitors measured slightly different values, 
they trend well with one another. See Figure 9 of EPA's TSD. Given the 
complex terrain in the ravine where these monitors are located, winds 
may be affecting these monitors differently. The different values 
measured at the two monitors may also be a result of minor differences 
in approved analytical procedures that result in lower values from the 
ADEQ monitor.\16\
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    \16\ In reviewing the analytical procedures employed by the 
laboratory performing analysis on the ADEQ filters (Pima County 
Regional Wastewater Reclamation Department Compliance & Regulatory 
Affairs Office (CRAO) Laboratory) and the laboratory performing 
analysis on the ASARCO filters (Inter-Mountain Laboratories (IML)), 
EPA found that the sample preparation step differed between the two 
laboratories. While both laboratories followed approved Federal 
Equivalent Methods (FEMs), EPA recommended that CRAO review its 
sample preparation method to determine if additional best practices 
may be appropriate. Initial analyses by CRAO indicate employing 
additional best practices may yield results of approximately 11% 
more lead per sample. The laboratory analytical procedures were 
otherwise found to be comparable. See Memorandum ``Review of 
Laboratory Procedures to Address Accuracy Concerns for Inter-
Laboratory Bias for the Asarco Superfund Site,'' from Joe Eidelberg 
and Mathew Plate, to Gwen Yoshimura and John Hillenbrand, U.S. EPA 
Region 9. March 31, 2014.
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    Of the five new ASARCO Pb monitors, the three monitors sited to the 
west and to the southwest of the facility show higher averages than the 
Globe Highway-ASARCO monitor during the period of overlap. In 
September, the monthly averages for the Post Office, Hillcrest Avenue, 
and Parking Lot monitors were 1.5 to 4.5 times higher than the monthly 
average for the Globe Highway-ASARCO monitor. The two complete three-
month averages reported to date at the Parking Lot monitor are well 
over the standard, at 0.40 [micro]g/m\3\ for August-October 2013, and 
0.65 [micro]g/m\3\ (more than four times over the standard) for 
September-November 2013. The three-month average from September-
November 2013 at the Hillcrest Avenue monitor was also over the 
standard, at 0.19 [micro]g/m\3\. These elevated levels indicate that 
while ADEQ's Globe Highway monitor appears to be recording levels below 
the standard, other locations around the smelter that the public has 
access to are experiencing higher concentrations. See Table 2.
    Given that lead is heavy and expected to fall out of the air 
quickly, lead concentrations would generally be highest next to the 
facility and near specific facility operations that produce point or 
fugitive source emissions. An exception to this would be if the main 
emission point was through a tall stack at high temperatures, resulting 
in the air mass remaining buoyant for a time before falling out to 
breathing-level heights. The data collected by the ASARCO monitors show 
concentrations decreasing as one moves from the monitors closest to the 
facility (i.e., the Parking Lot, Hillcrest Avenue, and Post Office 
monitors) to those farther away (i.e., the Globe Highway and Winkelman 
High School monitors), indicating that fugitives or other non-stack 
emissions might have more significant air quality impacts on the 
neighborhood surrounding the facility than stack emissions.\17\ The 
Hillcrest Avenue and Parking Lot monitors, both to the southwest of the 
facility and close to materials handling activities, also trend well 
with one another (see Figure 10 of the EPA TSD).
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    \17\ See Table 7 of the TSD.
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    EPA and ADEQ have discussed the challenge of siting a single, 
source-specific monitor that will capture the maximum ambient 
concentration of Pb, given the complex meteorology and topography found 
in the Hayden area. While the ADEQ Globe Highway site was chosen to 
capture the maximum concentration using the information available at 
the time,\18\ this recent information gathered by ASARCO's more 
extensive monitoring network indicates that higher ambient 
concentrations of Pb exist elsewhere in the Hayden area. Given the 
strong trends and gradient apparent from the available preliminary 
data, and that preliminary data collected after the controls on anode 
furnaces were installed indicate two of the ASARCO monitors are 
measuring violations of the Pb standard (the parking lot monitor is 
over four times the standard), the secondary data support our decision 
to redesignate the area to nonattainment.
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    \18\ Quality Assurance Program Plan for the Lead (Pb) Ambient 
Air Monitoring Network, Attachment A. Arizona Department of 
Environmental Quality, October 2011.
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Boundary of the Hayden Area

    In conjunction with the initial designations for the 2008 Pb NAAQS, 
states submitted recommendations to EPA regarding the status (i.e., 
attainment, unclassifiable, or nonattainment) and boundaries for areas 
within each state. CAA section 107(d)(1)(A) generally defines a 
nonattainment area as any area that does not meet, or that contributes 
to ambient air quality in a nearby area that does not meet, the 
national primary or secondary ambient air quality standard for the 
relevant pollutant. For areas with a violating monitor, the county 
boundary was the default boundary of the nonattainment area. States 
could, however, recommend an alternative as long as the proposed 
nonattainment area boundaries encompassed the entire area that did not 
meet, and any nearby area that contributed to ambient air quality in 
the area that did not meet, the 2008 Pb NAAQS. In general, factors such 
as emissions, air quality, and meteorology were particularly relevant 
in determining appropriate boundaries. States also were able to take 
into account jurisdictional considerations when establishing an area's 
boundaries.\19\
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    \19\ See 76 FR 72097 at 72102.
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    As noted in the Background section above, in 2009 Arizona 
recommended that EPA defer designation of the Hayden area, and stated 
that if EPA were to determine monitored concentrations were exceeding 
the Pb NAAQS, EPA should promulgate a Pb nonattainment area with 
boundaries identical to the Hayden SO2 nonattainment 
area.\20\ In 2010, we undertook a technical analysis of the State's 
recommended boundary, and determined it encompassed all areas that 
appeared to be violating or contributing to violations of the Pb NAAQS 
in the Hayden area. In 2011, we designated the Hayden area, with the 
boundaries the Governor recommended, as unclassifiable because data 
indicating violations of the 2008 Pb NAAQS were preliminary at the time 
final designations were due under the CAA.
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    \20\ The basis for Arizona's recommended boundary is discussed 
in ADEQ's 2009 boundary recommendation technical support document.
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    For this action, we have reviewed and, where appropriate, updated 
our

[[Page 25082]]

2010 analysis of relevant factors related to establishing an 
appropriate nonattainment area boundary. A brief summary of the key 
factors in the Hayden Area boundary analysis is included below.
Air Quality Data
    For this factor, we considered the Pb design values for air quality 
monitors in the Hayden area and the surrounding area based on certified 
2010-2012 data. Of the five State-operated Pb monitors located 
throughout Arizona that collected data within this time period, only 
the ADEQ Globe Highway monitor, located near the ASARCO Hayden copper 
smelter, measured violations of the Pb NAAQS. The design values for the 
remaining monitors, which are located outside the Hayden area, are well 
below the standard.
Emissions and Emissions-Related Data
    Sources of Pb emissions located in areas surrounding the violating 
monitor were evaluated to determine whether a nearby area is 
contributing to monitored violations. Because of the significant 
distance, and in most cases, relatively low levels of emissions, we do 
not believe sources outside the Hayden area boundary are causing or 
contributing to Pb NAAQS violations in Hayden.
Topography
    This factor takes into account the physical features of the land 
that might have an effect on the air shed, and therefore on the 
distribution of Pb in the Hayden area. The ASARCO Hayden copper smelter 
is located in very complex terrain, which forms natural boundaries. 
Mountainsides limit the extent of the area exceeding the Pb standard to 
a relatively small area around the smelter, which is the main source of 
Pb emissions. For the same reason, locations outside the area do not 
contribute to NAAQS exceedances within it.\21\ The topography of the 
area supports retention of the existing area boundary.
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    \21\ Because of the constraints imposed by the terrain, 
meteorology does not play a significant role in determining the 
boundary for this area.
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    Based on our technical analysis and currently available 
information, EPA concurs with the State's recommendation that the 
area's existing boundary remain unchanged. For a more detailed 
discussion, see the TSD for this action, which is included in the 
docket.

Conclusion

    EPA has considered the information provided by ADEQ and agrees that 
preliminary data suggest that the installation of pollution control 
equipment on the anode furnaces at the ASARCO facility might have 
resulted in a reduction of ambient Pb concentrations, as measured at 
ADEQ's Globe Highway monitor. However, because three years without a 
violation are required to attain the Pb standard, the ADEQ Globe 
Highway monitor continues to have a design value that violates the 
standard and we concur with ADEQ's conclusion that ongoing monitoring 
will be needed to determine if the improvement in air quality as 
measured at the Globe Highway monitor will persist. Further, the more 
extensive monitoring network now in place provides preliminary data 
that show ambient concentrations above the standard are occurring even 
after ASARCO installed controls in June of 2012. Therefore, based on 
our review of ADEQ's Globe Highway monitoring data and our analysis of 
additional relevant, available information, including data collected by 
ASARCO's ambient air quality Pb monitors, EPA concludes it is 
appropriate to redesignate the Hayden area to nonattainment for the 
2008 Pb NAAQS. Consistent with Arizona's recommendation, we are not 
proposing any changes to the area's existing boundaries.
    Under CAA section 107(d)(3)(C), EPA must notify the State whenever 
EPA intends to modify State recommendations concerning areas to be 
redesignated, at least 60 days prior to EPA promulgation of final 
redesignations. While EPA and Arizona are in agreement with respect to 
the boundaries of the Hayden area, the Governor recommended against 
redesignating the area to nonattainment unless additional violations of 
the Pb NAAQS were to occur. As noted above, based on our review of 
available air quality data, we have determined that redesignating the 
Hayden area to nonattainment for the Pb NAAQS is appropriate. EPA 
intends to notify the State of Arizona of our proposed action when this 
notice is signed.

IV. Proposed Action and Request for Public Comment

    Pursuant to section 107(d)(3) of the Clean Air Act and based on our 
evaluation of air quality data, our review of the Governor's 
recommendation, and our consideration of additional relevant 
information, EPA is proposing to redesignate from ``unclassifiable'' to 
``nonattainment'' the Hayden area, located in southern Gila County and 
eastern Pinal County, Arizona, for the 2008 Pb NAAQS. EPA's proposal to 
redesignate the Hayden area is based on recorded violations of the Pb 
standard at ADEQ's Globe Highway monitor, and on additional air quality 
considerations as set forth in this document and in the TSD.
    Areas redesignated to nonattainment, as proposed herein, are 
subject to the applicable requirements of part D, title I of the Act 
(see section 191 of the Act). Within 18 months of the redesignation, 
the State is required to submit to EPA an implementation plan for the 
area containing, among other things: (1) Provisions to assure that 
reasonably available control measures (including reasonably available 
control technology) are implemented; (2) a demonstration, including 
modeling, that the plan will provide for attainment of the Pb NAAQS as 
expeditiously as practicable, but no later than five years after the 
area's designation as nonattainment; (3) provisions that result in 
reasonable further progress toward timely attainment by adherence to an 
ambitious compliance schedule; (4) contingency measures that are to be 
implemented if the area fails to achieve and maintain reasonable 
further progress or fails to attain the NAAQS by the applicable 
attainment date; and (5) a permit program meeting the requirements of 
section 173 governing the construction and operation of new and 
modified major stationary sources of Pb.\22\ Any Pb nonattainment area 
would also be subject to EPA's general conformity regulations (40 CFR 
part 93, subpart B) upon the effective date of redesignation. See 
section 176(c) of the Act.
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    \22\ EPA has issued guidance on the statutory requirements 
applicable to Pb nonattainment areas. See 57 FR 13498 (April 16, 
1992), 58 FR 67752 (December 22, 1993), 73 FR 66964 (November 12, 
2008), and the memorandum signed by Scott Mathias, Interim Director, 
Air Quality Policy Division, Office of Air Quality Planning and 
Standards, U.S. EPA, entitled ``2008 Lead (Pb) National Ambient Air 
Quality Standards (NAAQS) Implementation Questions and Answers'' 
dated July 8, 2011.
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    We will accept comments from the public on this proposal for thirty 
days from the date of publication of this notice, and will consider any 
relevant comments in taking final action on today's proposal.

V. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA has 
determined that the redesignation to nonattainment proposed today, as 
well as the establishment of SIP submittal schedules, would result in 
none of the effects identified in Executive Order

[[Page 25083]]

12866, section 3(f). Under section 107(d)(3) of the Act, redesignations 
to nonattainment are based upon air quality considerations. The 
proposed redesignation, based upon air quality data showing that the 
Hayden area is not attaining the Pb standard and upon other air-
quality-related considerations, does not, in and of itself, impose any 
new requirements on any sectors of the economy. Similarly, the 
establishment of new SIP submittal schedules would merely establish the 
dates by which SIPs must be submitted, and would not adversely affect 
entities.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., a 
redesignation to nonattainment under section 107(d)(3), and the 
establishment of a SIP submittal schedule for a redesignated area, do 
not, in and of themselves, directly impose any new requirements on 
small entities. See Mid-Tex Electric Cooperative, Inc. v. FERC, 773 
F.2d 327 (D.C. Cir. 1985) (agency's certification need only consider 
the rule's impact on entities subject to the requirements of the rule). 
Instead, this rulemaking simply proposes to make a factual 
determination and to establish a schedule to require the State to 
submit SIP revisions, and does not propose to directly regulate any 
entities. Therefore, pursuant to 5 U.S.C. 605(b), EPA certifies that 
today's proposed action does not have a significant impact on a 
substantial number of small entities within the meaning of those terms 
for RFA purposes.

D. Unfunded Mandates Reform Act

    Under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 
Public Law 104-4, EPA has concluded that this proposed rule is not 
likely to result in the promulgation of any Federal mandate that may 
result in expenditures of $100 million or more for State, local or 
tribal governments in the aggregate, or for the private sector, in any 
one year. It is questionable whether a redesignation would constitute a 
federal mandate in any case. The obligation for the state to revise its 
State Implementation Plan that arises out of a redesignation is not 
legally enforceable and at most is a condition for continued receipt of 
federal highway funds. Therefore, it does not appear that such an 
action creates any enforceable duty within the meaning of section 
421(5)(a)(i) of UMRA (2 U.S.C. 658(5)(a)(i)), and if it does the duty 
would appear to fall within the exception for a condition of Federal 
assistance under section 421(5)(a)(i)(I) of UMRA (2 U.S.C. 
658(5)(a)(i)(I).
    Even if a redesignation were considered a Federal mandate, the 
anticipated costs resulting from the mandate would not exceed $100 
million to either the private sector or state, local and tribal 
governments. Redesignation of an area to nonattainment does not, in 
itself, impose any mandates or costs on the private sector, and thus, 
there is no private sector mandate within the meaning of section 421(7) 
of UMRA (2 U.S.C. 658(7)). The only cost resulting from the 
redesignation itself is the cost to the State of Arizona of developing, 
adopting, and submitting any necessary SIP revision. Because that cost 
will not exceed $100 million, this proposal (if it is a federal mandate 
at all) is not subject to the requirements of sections 202 and 205 of 
UMRA (2 U.S.C. 1532 and 1535). EPA has also determined that this 
proposal would not result in regulatory requirements that might 
significantly or uniquely affect small governments because only the 
State would take any action as result of today's rule, and thus the 
requirements of section 203 (2 U.S.C. 1533) do not apply.

E. Executive Order 13132, Federalism

    Executive Order 13132 requires EPA to develop an accountable 
process to ensure ``meaningful and timely input by State and local 
officials in the development of regulatory policies that have 
federalism implications.'' This rule will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132, because it merely proposes to redesignate an 
area for Clean Air Act planning purposes and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. Thus, the requirements of section 6 
of the Executive Order do not apply to this rule.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' The area proposed for 
redesignation does not include any tribal lands, but is adjacent to the 
San Carlos Apache Tribe's reservation. EPA has been communicating with 
and plans to continue to consult with representatives of the San Carlos 
Apache Tribe, as provided in Executive Order 13175. Accordingly, EPA 
has addressed Executive Order 13175 to the extent that it applies to 
this action.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    This proposed rule is not subject to Executive Order 13045 
(``Protection of Children from Environmental Health Risks'') (62 FR 
19885, April 23, 1997), because it is not an economically significant 
regulatory action based on health or safety risks.

H. Executive Order 13211, Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. The EPA believes 
that the requirements of NTTAA are inapplicable to this action because 
they would be inconsistent with the Clean Air Act.

J. Executive Order 12898, Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Today's action proposes to redesignate an area to nonattainment for 
an ambient air quality standard. It will not have disproportionately 
high and adverse effects on any communities in the area, including 
minority and low-income communities.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Intergovernmental 
relations, Lead.

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


[[Page 25084]]


    Dated: April 21, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014-10116 Filed 5-1-14; 8:45 am]
BILLING CODE 6560-50-P