[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Proposed Rules]
[Pages 59695-59703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24995]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0582; FRL-9935-00-Region 7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Iowa; 2015 Iowa State Implementation Plan for the 2008 Lead 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to grant 
full approval of Iowa's attainment demonstration State Implementation 
Plan (SIP) for the lead National Ambient Air Quality Standard (NAAQS) 
nonattainment area of Council Bluffs, Pottawattamie County, Iowa, 
received by EPA on February 9, 2015. The applicable standard addressed 
in this action is the lead NAAQS promulgated by EPA in 2008. EPA 
believes that the SIP submitted by the state satisfies the applicable 
requirements of the Clean Air Act, and will bring the designated 
portions of Council Bluffs, Iowa into attainment of the 0.15 microgram 
per cubic meter (ug/m\3\) lead NAAQS.

DATES: Comments must be received on or before November 2, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0582, by one of the following methods:

SUPPLEMENTARY INFORMATION: 
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Mail or Hand Delivery: Stephanie Doolan, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0582. EPA may publish any comment received to its public docket. 
Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form

[[Page 59696]]

of encryption, and be free of any defects or viruses.
    Docket. All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219. EPA requests that you contact the person listed 
in the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The interested persons wanting to examine these documents 
should make an appointment with the office at least 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7719, or by email at 
[email protected].

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

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for the approval of a SIP revision been 
met?
III. What action is EPA taking?
IV. Background
V. Technical Review of the Attainment Demonstration SIP Related to 
the 2008 Lead NAAQS
    A. Facility Description
    1. Griffin Pipe
    2. Alter Metal Recycling
    B. Model Selection, Meteorological and Emissions Inventory Input 
Data
    C. Control Strategy
    1. Griffin Pipe
    2. Alter Metal Recycling
    D. Modeling Results
    E. Reasonably Available Control Measures (RACM) Including 
Reasonably Available Control Technology (RACT) and Reasonable 
Further Progress (RFP)
    F. Attainment Demonstration
    G. New Source Review (NSR)
    H. Contingency Measures
    I. Enforceability
VI. Proposed Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    In this document, EPA is addressing Iowa's attainment demonstration 
State Implementation Plan (SIP) for the lead National Ambient Air 
Quality Standard (NAAQS) nonattainment area in portions of Council 
Bluffs, Pottawattamie County, Iowa. The applicable standard addressed 
in this action is the lead NAAQS promulgated by EPA in 2008. EPA 
believes that the SIP submitted by the state satisfies the applicable 
requirements of the Clean Air Act (CAA) identified in EPA's Final Rule 
(73 FR 66964, October 15, 2008), and will bring the area into 
attainment of the 0.15 microgram per cubic meter ([mu]g/m\3\) lead 
NAAQS.

II. Have the requirements for the approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submission also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, the revision meets the substantive SIP requirements of the 
CAA, including section 110 and implementing regulations.

III. What action is EPA taking?

    EPA is proposing to grant full approval of Iowa's attainment 
demonstration SIP for the 2008 lead NAAQS. EPA is proposing this action 
in order to solicit comments. Final rulemaking will occur after 
consideration of any comments received.

IV. Background

    EPA established the National Ambient Air Quality Standards (NAAQS) 
for lead on October 5, 1978 (43 FR 46246). On October 15, 2008, EPA 
established a new lead NAAQS of 0.15 [mu]g/m\3\ in air, measured as a 
rolling three-month average. (73 FR 66964). On November 22, 2011, 
portions of Councils Bluffs, Pottawattamie County, Iowa were designated 
as nonattainment for the 2008 lead NAAQS. (76 FR 72097). Under sections 
191(a) and 192(a)of the CAA, Iowa is required to submit to EPA an 
attainment demonstration SIP revision for lead and to demonstrate the 
nonattainment area will reach attainment of the 2008 lead NAAQS no 
later than five years from the date of the nonattainment area 
designation.

V. Technical Review of the Attainment Demonstration SIP for the 2008 
Lead NAAQS

A. Facility Description

    There are two lead-emitting sources contributing to the Council 
Bluffs lead nonattainment area: Griffin Pipe Products Company, L.L.C. 
(Griffin Pipe); and Alter Metal Recycling (Alter). A description of the 
operation of these two facilities is presented below.
1. Griffin Process Description
    Griffin Pipe manufactures ductile iron pressure pipe for potable 
water transmission and wastewater collection. The facility is 
classified as a gray iron foundry in accordance with the North American 
Industry Classification System (NAICS). Griffin Pipe is considered a 
major source for CAA Title V and Prevention of Significant 
Deterioration (PSD) permitting purposes.
    Griffin Pipe's Council Bluffs facility covers more than 105,000 
square feet and is located on a 19 acre site along the Missouri River 
bottoms. It produces ductile iron pressure pipe in 20 foot lengths and 
diameters ranging from six to 48 inches which are stored on the 
property until off-site shipment. There are paved haul routes on-site 
for the trucks that pick up the product for off-site transport. There 
is also a rail spur that traverses the south side of the property.
    The hot iron required in the pipe manufacturing process is produced 
in a cupola. The cupola is charged with raw materials including coke, 
scrap iron, scrap steel, and fluxes. The scrap metal primarily comes 
from Alter Recycling which is located to the south of Griffin Pipe and 
is part of the nonattainment area, as discussed in paragraph V.A.2 
below. After the molten iron leaves the cupola, it is treated in a 
desulfurization and magnesium inoculation processes. Desulfurization 
removes undesirable sulfur from the metal and magnesium inoculation 
uses magnesium to give the metal the physical properties needed to 
produce the ductile iron pipe. Lead present in the scrap metal is 
emitted as the metals are melted in the cupola, treated in the 
desulfurization and magnesium inoculation processes, and cast.
    On December 7, 2010, the state issued a Prevention of Significant 
Deterioration (PSD) air permit to the facility. As a part of this 
permit, the facility installed air pollution controls in order to 
demonstrate that the facility met the Best Available Control Technology 
(BACT) criteria. Controls implemented in 2011 included: Replacement of 
the existing wet scrubber system for the cupola furnace with a 
baghouse; addition of a second baghouse to control emissions from the 
magnesium inoculation and desulfurization processes; and installation 
of two new chemical storage silos, one for a chemical that will be 
added to the gas stream after exiting cupola and before the baghouse 
for sulfur dioxide control, and the other for a chemical to be added to 
the gas stream for the treatment of

[[Page 59697]]

heavy metals in the baghouse. The facility also began implementing a 
scrap management plan to control the amount of lead contained in the 
scrap metal it processes as a part of the PSD permit.
    On May 3, 2014, Griffin Pipe ceased operations. The facility has 
notified IDNR that it intends to restart operations in the future; 
thus, the attainment demonstration SIP contains an Administrative Order 
on Consent between Griffin Pipe and IDNR that requires written 
notification to be provided to IDNR at least 60 days prior to the date 
that the Facility resumes operation, and contains control requirements 
that apply upon resumption of Facility operations.
2. Alter Metal Recycling Process Description
    Alter Metal Recycling is one of several scrap material processing 
center associated with Alter Trading Corporation, a privately held 
company with offices and processing centers across the central U.S. The 
Alter Recycling property occupies approximately 29 acres to the south 
and east of Griffin Pipe. The processing center receives scrap metal 
from a variety of sources, including used cars, and operates a shredder 
(hammer mill) to reduce the size of the incoming material. The facility 
is considered a minor source with regard to the State of Iowa's air 
permitting program. Lead emissions from Alter Recycling occur 
predominantly from fugitive emissions associated with vehicle traffic 
on facility roadways when lead-containing silt on roadways becomes 
airborne.

B. Model Selection, Meteorological and Emissions Inventory Input Data

    Iowa conducted air dispersion modeling to evaluate the 
effectiveness of the proposed control strategy. The model, AERMOD, was 
utilized and is EPA's preferred model for demonstrating attainment of 
the lead NAAQS. AERMOD estimates the combined ambient impact of sources 
by simulating Gaussian dispersion of emissions plumes. Emission rates, 
wind speed and direction, atmospheric mixing heights, terrain, plume 
rise from stack emissions, initial dispersion characteristics of 
fugitive sources, particle size and density are all factors considered 
by the model when estimating ambient impacts. Iowa performed five 
different dispersion modeling analyses for the 2008 lead NAAQS for the 
Council Bluffs nonattainment area. Two analyses were conducted to 
determine the cumulative impacts of both facilities under two 
operational configurations at Griffin Pipe, Options A and B, which are 
described below in greater detail. Three additional analyses were 
conducted to determine the impacts of Griffin Pipe under both Options A 
and B on Alter Recycling, and the impact of Alter Recycling on Griffin 
Pipe. The results of the analyses will be discussed in more detail in 
Section V.C. of this document.
    Iowa used the surface and upper air meteorological data from the 
Omaha airport (KOMA) for years 2008 through 2012. EPA recommends the 
use of five years of meteorological data for the model (40 CFR part 51, 
appendix W, section 8.3.1.2). EPA conducted a review of the 
meteorological data used for the modeling and agreed with Iowa's 
determination that it is representative of meteorological conditions in 
the area of Griffin Pipe and Alter Recycling. The meteorological data 
were run through AERMOD's pre-processors to make the data usable by the 
model.
    As required by Section 172(c)(3) of the CAA, a revised emission 
inventory was developed for this nonattainment area. Potential 
emissions rates for the point sources were developed from stack test 
data, process information, engineering assessment, and evaluation of 
the levels necessary to achieve attainment of the 2008 Pb NAAQS.
    Iowa selected 2010 as the base year for lead emissions inputs to 
the model. As stated above, Griffin Pipe completed the installation of 
its emissions control projects under the PSD permit in 2011, so 
emissions estimates before these projects were completed are more 
representative of base case conditions. Emissions from 2010 also 
correlate with the meteorological data used to input the model. 
Emissions for the haul routes were based on calculated emission rates 
from silt data collected by sampling haul routes at both Griffin Pipe 
and Alter Recycling. The haul route emissions were based on 
conservative assumptions regarding haul route traffic and hours of 
operation over a one-year period. The emissions calculations for haul 
route traffic are provided in appendix A of the Attainment SIP which is 
available in the docket.
    Point source emissions from Griffin Pipe occur primarily from 
melting metal, a hot iron desulfurization process, a magnesium 
inoculation process and metal casting. The melting process uses a 
cupola furnace that is charged with coke, scrap iron and steel, and 
fluxes (inert materials) as raw materials. As the materials are heated, 
melted and moved through the casting process, lead in the scrap is 
released and vented through stacks and roof vents. Emissions 
represented in the model are from release points, stack emissions 
validated by stack test data, and fugitive emissions calculated using 
field measurements wherever possible or estimated based on EPA's AP-42 
guidelines.\1\
---------------------------------------------------------------------------

    \1\ AP-42, Compilation of Air Pollutant Emission Factors, Fifth 
Edition, http://www.epa.gov/ttnchie1/ap42/.
---------------------------------------------------------------------------

    Alter Recycling lead emissions were calculated by estimating the 
inbound and outbound truck traffic on haul routes on the facility's 
property. Other activities conducted by the facility that could 
potentially result in lead emissions, such as torch cutting and 
operation of the hammer mill, are estimated to be de minimis and 
therefore were not included in the modeling and development of control 
measures.
    Lead emissions estimates for base year 2010 are provided in Table 1 
below. Note that haul route emissions provided are based on worst-case 
estimates and as such are likely overestimates.

                    Table 1--Lead Emissions Estimates
             [Pottawattamie County Lead Nonattainment Area]
------------------------------------------------------------------------
                                                         2010 Emissions
          Facility name               Source type        tons per year
                                                           (tpy) \a\
------------------------------------------------------------------------
Griffin Pipe....................  Point..............             0.7447
                                  Fugitive...........             0.2570
Alter Recycling.................  Fugitive...........             0.7182
                                                      ------------------

[[Page 59698]]

 
    Total Emissions.............  ...................             1.7564
------------------------------------------------------------------------
\a\ Note that the emissions listed do not total exactly due to rounding
  when summing individual emissions units. See Section 3, 2010 Base-year
  Lead Emissions Inventory, of the Iowa SIP for greater detail.

    In accordance with 40 CFR part 51, appendix W, background 
concentrations must be considered when determining NAAQS compliance. 
Background concentrations are intended to include impacts attributable 
to natural sources, nearby sources (excluding the dominant source(s)), 
and unidentified sources. The calculated background concentration 
includes all sources of lead not already included in the model run 
script. The background concentration includes distant sources of lead 
or naturally occurring lead in soils that has become re-entrained in 
the atmosphere.
    The background value is calculated by averaging the monitored 
concentrations of lead in air from the monitor near the intersection of 
8th Avenue and 27th Street in Council Bluffs, Iowa. The data included 
in the background calculation are those collected on days when the 
predominant wind direction was northerly (from the monitor toward the 
facility), originating from 270 to 90 degrees. The data when the 
predominant wind direction was blowing from the dominant sources toward 
the monitor were excluded from the background calculation. The 
calculated background value using the monitoring data is 0.01 [micro]g/
m\3\.
    EPA conducted an independent analysis of the data from the monitor 
and corresponding wind direction to verify the background concentration 
calculated by Iowa. Based on its independent analysis, EPA agrees that 
the calculated value represents a conservative estimate of background 
during the study period.

C. Control Strategy

    The following describes the control strategy for each facility 
significantly contributing to the nonattainment area. The control 
strategy for Griffin Pipe is detailed in the Administrative Order on 
Consent, appendix B of the attainment SIP. The control strategy for 
Alter Metal Recycling is detailed in the Construction Permit issued to 
the facility, which is appendix C of the attainment SIP.
1. Griffin Pipe
    On May 3, 2014, Griffin Pipe ceased operations at its Council 
Bluffs facility. Because the shutdown occurred during the development 
of the attainment SIP, the state worked with the facility to develop 
and Administrative Order on Consent which outlines the requirements and 
options for the facility when it restarts operations at its Council 
Bluffs facility. At Griffin Pipe's request, the facility was given two 
options for control measures to comply with the lead NAAQS which are 
detailed in attachments A and B of the Administrative Consent Order 
between Iowa and Griffin Pipe. ``Option A'' consists of control 
measures in the form of emissions limits for point sources as follows:

         Table 2--Griffin Pipe Lead Emission Limits ``Option A''
------------------------------------------------------------------------
       Source description           EP ID              lb/hr \b\
------------------------------------------------------------------------
Cupola (EU-2)..................  EP-2A        0.282/0.046 \c\
Desulfurization (EU-3).........  EP-3         0.0018.
Bull Ladle (EU-3)
Magnesium Inoculation (EU-4)
Magnesium Inoculation--          EP-7A        0.0026.
 uncaptured (EU-4).
Ladle Preheat--uncaptured (EU-
 19)
Desulfurization--uncaptured (EU- EP-7B        0.0372.
 2).
Bull Ladle--uncaptured (EU-3)
Small Diameter Casting (EU-6)
Small Diameter Casting (EU-6)..  EP-6A        0.0043.
Building Emissions.............  EP-6B        0.0025.
Large Diameter Casting (EU-29).  EP-29        0.0025.
                                 EP-29A       ..........................
Cupola Charge Handling (EU-17).  FUG1         0.00143.
Traffic Pathways...............  N/A          Not applicable \d\
------------------------------------------------------------------------
\b\ The emission limit is expressed as the average of three test runs.
\c\ The 0.282 lb/hr is necessary to meet the 2008 Lead NAAQS; however, a
  lower emission limit of 0.046 lb/hr is required by the Consent Decree
  between EPA and Griffin Pipe United States v. Griffin Pipe Products.,
  LLC (Civil Action No. 1:14-cv-00027-JAJ-RAW). The lower value is the
  SIP enforceable emission limit; the presentation of both limits in the
  SIP is to merely acknowledge that the higher emissions limit is RACT.
\d\ The emission limits for Traffic Pathways is 0.002 tons per rolling
  calendar quarter to correspond with the 2008 Lead NAAQS which is also
  based on a rolling calendar quarter.

    For traffic pathways (haul routes), the emissions limit of 0.002 
tons per rolling calendar quarter correlates to a lead silt loading 
content of 0.00016 g/m\2\. This lead emission limit represents a 95 
percent reduction over the baseline lead levels assuming maximum 
potential operation. ``Option A'' also contains an operational limit of 
1,250 hours per rolling calendar quarter which is not contained in 
``option B.''
    Griffin Pipe requested ``option B'' which includes adding a 
baghouse. Adding an additional baghouse to capture desulfurization (EU-
2) and bull

[[Page 59699]]

ladle capture (EU-3), allows for more operational flexibility in other 
areas, such as an increase in the silt loading for the traffic 
pathways. Below are the emission limits by unit under ``option B.''

         Table 3--Griffin Pipe Lead Emission Limits ``Option B''
------------------------------------------------------------------------
       Source description           EP ID              lb/hr \e\
------------------------------------------------------------------------
Cupola (EU-2)..................  EP-2A        0.282/0.046 \f\
Desulfurization (EU-3).........  EP-3         0.02.
Bull Ladle (EU-3)
Magnesium Inoculation (EU-4)
Magnesium Inoculation--          EP-7A        0.0075.
 uncaptured (EU-4).
Ladle Preheat--uncaptured (EU-
 19)
Desulfurization--secondary       EP-7B        0.0025.
 capture (EU-2).
Bull Ladle--secondary capture
 (EU-3)
Small Diameter Casting (EU-6)
Small Diameter Casting (EU-6)..  EP-6A        0.0043.
Building Emissions.............  EP-6B        0.0015.
Large Diameter Casting (EU-29).  0.0025.
EP-29..........................
EP-29A
Cupola Charge Handling (EU-17).  FUG1         0.00143.
Traffic Pathways...............  N/A          Not applicable \g\
------------------------------------------------------------------------
\e\ The emission limit is expressed as the average of three test runs.
\f\ The 0.282 lb/hr is necessary to meet the 2008 Lead NAAQS; however, a
  lower emission limit of 0.046 lb/hr is required by the Consent Decree
  between EPA and Griffin Pipe United States v. Griffin Pipe Products.,
  LLC (Civil Action No. 1:14-cv-00027-JAJ-RAW). The lower value is the
  SIP enforceable emission limit; the presentation of both limits in the
  SIP is to merely acknowledge that the higher emissions limit is RACT.
\g\ The emission limits for Traffic Pathways is 0.004 tons per rolling
  calendar quarter to correspond with the 2008 Lead NAAQS which is also
  based on a rolling calendar quarter

    In ``option B,'' the emissions limit of 0.004 tons per rolling 
calendar quarter correlates to a lead silt loading content of 0.00032 
g/m\2\. This lead emission limit represents a 90 percent reduction over 
the baseline lead levels assuming maximum potential operation.
    Both options contain the same performance testing and work 
practices requirements, including,
    (1) The total production rate shall not exceed 235,150 tons of 
metal charged per rolling 12-month period.
    (2) Bulk material shipment or deliveries of product, waste and raw 
materials shall only occur from 7 a.m. to 5 p.m. daily.
    (3) Standard Operating Procedures (SOPs) for work practices to 
minimize emissions from the cupola charge handling (EU-17) and the 
scrap management plan for minimizing the amount of lead introduced to 
process as charge material are included as attachments to the 
Administrative Order on Consent between Griffin Pipe and Iowa.
    (4) Limitations on public access to the facility at all property 
boundary lines.
    (5) Fugitive dust control by sweeping all paved truck traffic 
routes once per day using a Tymco DST-4 Sweeper or functional 
equivalent as approved by the state. The Tymco DST-4 Sweeper is 
equipped with a HEPA filter to capture lead-contaminated particulates 
rather than emitting them to ambient air. Sweeping is required to begin 
within seven days after resuming operations. Exceptions to the sweeping 
are as follows:
    a. If sweeping cannot be accomplished due to daytime ambient air 
temperatures less than 35 degrees F or weather that creates hazardous 
driving conditions, then the sweeping shall be postponed and resume as 
soon after the scheduled date as the conditions preventing the sweeping 
have abated.
    b. Paved road sweeping need not occur when a rain gauge located at 
the site indicates that at least 0.2 inches of precipitation (water 
equivalent) has occurred within the preceding 24-hour time period. 
However road sweeping shall resume within 24-hours after the 
precipitation event has ended.
    c. Paved road sweeping need not occur when the facility experiences 
no production or shipping activities on that calendar day.
    (6) If sweeping cannot be accomplished for the entire month due to 
low ambient temperatures or hazardous weather, silt load testing is not 
required for that month.
    (7) In addition to the emissions limits for traffic pathways listed 
for ``option A'' and ``option B'' above, surface total silt loading or 
lead silt loading on the traffic pathways shall not exceed 0.64 g/m\2\ 
or 0.00016 g/m\2\, respectively, based on a three-month rolling 
average.
    (8) Silt load sampling conducted at a minimum of three locations 
representative of normal conditions and not within four hours of 
sweeping.
    (9) The owner or operator shall take reasonable precautions to 
prevent the discharge of visible emissions of fugitive dust beyond the 
lot line of the property.
    When Griffin Pipe seeks to resume operations, it is required to 
provide at least a sixty day notice to the state and adhere to all 
permitting and/or obligations of the Administrative Order on Consent 
prior to restarting operations.
2. Alter Metal Recycling
    At Alter Metal Recycling, the control strategy to attain the 2008 
Lead NAAQS consists of a lead limit in silt for traffic pathways (e.g., 
truck haul routes) of 0.01 tons of lead per rolling calendar quarter 
average. This correlates to a lead silt content of 0.00281 g/m\2\ under 
maximum potential operations, defined as all raw material and product 
shipped or received by truck. This silt content limit is based on a 95 
percent reduction over baseline lead levels. Based on empirical silt 
sampling, the total amount of silt that correlates with 0.00281 g/m\2\ 
lead is 2.7 g/m\2\; thus, this amount has been established as a 
surrogate for the purposes of determining SIP compliance.
    Other operating limits in Alter Metal Recycling's permit include:
    (1) The facility must complete paving of haul routes identified by 
the Construction Permit (appendix C of the attainment SIP) as segments 
7, 14, 15 and 16 by October 31, 2015. By this same date, the facility 
also must cease the use of haul road segment 17.

[[Page 59700]]

    (2) Fugitive dust control by sweeping all paved truck traffic 
routes once per day using a Tymco DST-4 Sweeper or functional 
equivalent as approved by the state. Sweeping is required to begin 
within seven days after resuming operations. Exceptions to the sweeping 
are as follows:
    a. If sweeping cannot be accomplished due to daytime ambient air 
temperatures less than 35 degrees F or weather that creates hazardous 
driving conditions, then the sweeping shall be postponed and resume as 
soon after the scheduled date as the conditions preventing the sweeping 
have abated.
    b. Paved road sweeping need not occur when a rain gauge located at 
the site indicates that at least 0.2 inches of precipitation (water 
equivalent) has occurred within the preceding 24-hour time period. 
However road sweeping shall resume within 24-hours after the 
precipitation event has ended.
    c. Paved road sweeping need not occur when the facility experiences 
no production or shipping activities on that calendar day.
    (3) If sweeping cannot be accomplished for the entire month due to 
low ambient temperatures or hazardous weather, silt load testing is not 
required for that month.
    (4) The haul road surface silt loading shall not exceed 2.70 g/
m\2\.
    (5) The facility is limited to shipping (inbound and outbound) 
material between the hours of 5 a.m. to 8 p.m., Monday through Friday, 
and 8 a.m. to 12 p.m. on Saturday. The facility is also limited to 
processing and shipping (inbound and outbound) no more than 946,000 
tons of material per rolling 12-month period. Internal transfers at the 
facility are limited to Monday through Friday.
    (6) The facility is required to implement ``Best Management 
Practices'' including clean up spills as expeditiously as possible, 
weekly cleanup of truck area scales and process buildings, and ``good 
housekeeping'' to minimize fugitive dust emissions. The facility is 
also requires to post and maintain speed limit signs.
    (7) The facility is required to limit public access posting signs 
at all facility boundaries that are not fenced. During days when the 
facility is operating, in-person surveillance shall be conducted and 
recorded by the facility. In lieu of in-person surveillance, the 
facility may maintain and operate equipment adequate to ensure 
surveillance of the boundary shared with the rail line.
    D. Modeling Results
    Iowa modeled five different cases to evaluate lead NAAQS 
compliance:
    (1) The first case models combined impacts of both facilities on 
ambient air with Griffin Pipe operating under the ``option A'' control 
strategy described above;
    (2) The second case models combined impacts of both facilities with 
Griffin Pipe operating under the ``option B'' control strategy 
described above;
    (3) The third case models the impact of Griffin Pipe's lead 
emissions on Alter Metal Recycling with Griffin Pipe operating under 
the ``option A'' control strategy;
    (4) The fourth case models the impact of Griffin Pipe's lead 
emissions on Alter Metal Recycling under the ``option B'' control 
strategy; and
    (5) The fifth case models the impacts of Alter Metal Recycling's 
lead emissions on Griffin Pipe.
    In all the modeling runs described above the Alter Metal Recycling 
control strategy remained the same as described in paragraph C.2 above.
    The total impact of the combined lead emissions from both 
facilities with Griffin Pipe operating under ``option A'' was 0.149 
[micro]g/m\3\. The total impact of the combined lead emissions from 
both facilities with Griffin Pipe operating under ``option B'' was also 
0.149 [micro]g/m\3\. Thus, the modeling demonstrates that with Griffin 
Pipe operating under either ``option A'' or ``option B'' as a control 
strategy, the combined facility emissions will attain the 2008 Lead 
NAAQS. Under the other three scenarios, which examine the impact of the 
facilities on each other, the 2008 Lead NAAQS was also attained.
    EPA reviewed and independently verified the modeling conducted by 
Iowa. Based on EPA's analysis of the attainment modeling and its 
outcomes, EPA believes that Iowa's control strategy, whether it 
includes ``option A'' or ``option B'' for Griffin Pipe, will bring the 
designated portions of Pottawattamie County, Iowa, into attainment of 
the 2008 Lead NAAQS.

E. Reasonably Available Control Measures (RACM) Including Reasonably 
Available Control Technology (RACT) and Reasonable Further Progress 
(RFP)

    Section 172(c)(1) of the CAA requires nonattainment areas to 
implement all RACM, including emissions reductions through the adoption 
of RACT, as expeditiously as practicable. EPA interprets this as 
requiring all nonattainment areas to consider all available controls 
and to implement all measures that are determined to be reasonably 
available, except that measures which will not assist the area to more 
expeditiously attain the standard are not required to be 
implemented.\2\ In March 2012, EPA issued guidance titled, 
``Implementation of Reasonably Available Control Measures (RACM) for 
Controlling Lead Emissions'' (RACM Guidance).\3\
---------------------------------------------------------------------------

    \2\ See 58 FR 67751, December 22 1993, for a discussion of this 
interpretation as it relates to lead.
    \3\ http://www.epa.gov/oar/lead/pdfs/2012ImplementationGuide.pdf
---------------------------------------------------------------------------

    Section 172(c)(2) of the CAA requires areas designated as 
nonattainment for criteria pollutants to include a demonstration of 
Reasonable Further Progress (RFP) in attainment demonstrations. Section 
171(1) of the CAA defines RFP as annual incremental reductions in 
emissions of the relevant air pollutants as required by part D, or 
emission reductions that may reasonably be required by EPA to ensure 
attainment of the applicable NAAQS by the applicable date. Part D does 
not include specific RFP requirements for lead.
    EPA recommends a RACT analysis for facilities emitting 0.5 tpy lead 
per year or more. (73 FR 66964). As listed in Table 1 above, in the 
base year for modeling, 2010, Griffin Pipe and Alter Metal Recycling 
emitted 1.0382 and 0.7182 tons per year, respectively. Thus, both 
facilities exceeded the threshold for determining RACT to comply with 
the 2008 Lead NAAQS. Section 4 of the lead attainment SIP details 
Iowa's RACT/RACM analysis by facility and point or fugitive emissions 
sources considered.
    Iowa performed a RACT/RACM analysis in compliance with the RACM 
Guidance. As stated in the final lead NAAQS rule, RFP is satisfied by 
the strict adherence to a compliance schedule which is expected to 
periodically yield significant emission reductions. Iowa has determined 
that either control strategy for Griffin Pipe under ``option A'' or 
``option B'' as described above, combined with the control strategy for 
Alter Metal Recycling, constitutes RACM. The control measures including 
operational controls and work practices described in paragraph V.C 
above have been modeled and demonstrated to achieve the lead NAAQS and 
also comply with RACM and RFP.
    RFP is addressed by the control strategy occurring in a timeframe 
consistent with the CAA. Upon implementation of the control strategy 
and practices described above, ambient air quality concentrations are 
expected to drop at or below attainment levels immediately. The 
nonattainment area's ambient air quality monitor began reporting lead 
concentrations below the 2008 lead NAAQS for the three-month

[[Page 59701]]

rolling average for October through December 2012. It should be noted 
that the air monitoring data are impacted by Griffin Pipe's shutdown on 
May 3, 2014. Griffin Pipe has informed Iowa that it intends to restart 
operations at an undetermined time in the future. Thus, the attainment 
SIP is based on the assumption that the facility will resume operations 
under one of the two control strategies detailed in paragraph V.C 
above.
    Alter Metal Recycling began implementing its control measures by 
paving previously unpaved haul routes and sweeping with street sweeper 
equipped with a HEPA filter to remove lead-contaminated silt from the 
roadway. There are no point source lead emissions from the Alter Metal 
Recycling facility operations, only fugitive emissions from lead-
contaminated silt on haul routes, the appropriate RACT is to 
significantly reduce fugitive emissions. The attainment SIP proposes a 
95 percent reduction in fugitive lead emissions from sweeping all paved 
haul routes at the facility.
    Based on the RACM analysis and the combined reduction in lead 
emissions to meet the 2008 Lead NAAQS, which demonstrates RFP, EPA 
proposes to approve Iowa's SIP as meeting the requirements of sections 
172(c)(1) and (c)(2) of the CAA.

F. Attainment Demonstration

    CAA section 172 requires a state to submit a plan for each of its 
nonattainment areas that demonstrates attainment of the applicable 
ambient air quality standard as expeditiously as practicable, but no 
later than the specified attainment date. This demonstration should 
consist of four parts: (1) Technical analyses that locate, identify, 
and quantify sources of emissions that are contributing to violations 
of the lead NAAQS; (2) analyses of future year emissions reductions and 
air quality improvement resulting from already-adopted national, state, 
and local programs and from potential new state and local measures to 
meet the RACT, RACM, and RFP requirements in the area; (3) adopted 
emissions reduction measures with schedules for implementation and (4) 
contingency measures required under section 172(c)(9) of the CAA.
    The requirements for the first two parts are described in the 
sections on emissions inventories, RACT/RACM and air quality above and 
in the discussion of the attainment demonstration that follows 
immediately below. Requirements for the third and fourth parts are 
described in the sections on the control strategy and the contingency 
measures, respectively.
    The future case dispersion modeling is the attainment demonstration 
used to verify that the proposed control strategies will bring the area 
into attainment of the 2008 Lead NAAQS. In order to determine whether 
the planned emission reduction strategies will result in attainment of 
the NAAQS, the modeled maximum lead concentration in ambient air (based 
on a rolling three-month average) are added to the calculated 
background lead concentration of 0.01 [micro]g/m\3\, then compared to 
the 2008 Lead NAAQS which is 0.150 [micro]g/m\3\. As discussed above 
there are two model runs to predict the cumulative impacts of both 
facilities with Griffin Pipe operating under the control strategy 
prescribed by ``option A'' under the Administrative Consent Order 
between the facility and Iowa, and the control strategy prescribed by 
``option B.'' In both model runs, the control strategy for Alter Metal 
Recycling remains the same, it is the control strategy and work 
practices prescribed in the construction permit dated September 2, 
2014. The predicted maximum three-month rolling average lead 
concentration is 0.149 [micro]g/m\3\ with Griffin Pipe operating under 
either ``option A'' or ``option B.'' Therefore, Iowa's modeling 
demonstrates attainment of the standard regardless of which control 
strategy Griffin Pipe chooses when it restarts operations.

G. New Source Review (NSR)

    Within the CAA, Section 172(c)(5) refers to permits for 
construction and operation of new and modified major sources located 
within the nonattainment area. A special permitting process applies to 
such sources, referred to as a nonattainment new source review program. 
Section 173 of the CAA mandates nonattainment new source review and an 
approved state SIP must meet the requirements of 40 CFR part 51.165. On 
May 15, 2014 (79 FR 277763), EPA approved into Iowa's SIP the 
nonattainment new source review regulations which are found in 567--
Iowa Administrative Code (IAC) chapter 33. The modified administrative 
rules in chapter 33 became effective on January 15, 2014.

H. Contingency Measures

    As required by CAA section 172(c)(9), the SIP submittal includes 
contingency measures to be implemented if EPA determines that the area 
has failed to make RFP or if the area fails to attain the NAAQS by 
December 2016. If the air quality data for any three-month rolling 
period after the implementation of the control measures identified in 
both the Administrative Consent Order between Iowa and Griffin Pipe or 
the construction permit for Alter Metal Recycling exceeds the 0.15 ug/
m\3\ three-month rolling average lead standard, both facilities shall 
implement the contingency measures set forth in their respective 
governing documents.
    The Administrative Consent Order for Griffin Pipe provided as 
appendix B of the attainment SIP contains the following contingency 
measures which apply to the facility under both control strategies for 
``option A'' and ``option B'':
    (1) After November 30, 2014, the owner or operator shall increase 
the frequency of cleaning/sweeping of the haul roads to twice per day 
within seven days after notification by Iowa that a monitored 
exceedance has occurred. The owner operator shall also submit sweeping 
data to the state and continue daily cleaning/sweeping until notified 
by the state that a different cleaning/sweeping frequency shall be 
used.
    (2) After November 30, 2014, the owner or operator shall implement 
good housekeeping practices on paved haul road surfaces within seven 
days after notification by the state that a monitored exceedance of the 
lead NAAQS occurred during months in which the inclement weather 
provision as specified in the control strategy described in V.C(5)(a) 
above applied. The good housekeeping practices shall include but are 
not limited to daily removal of material piles that have accumulated on 
haul road surfaces and decreasing vehicle speeds on paved road surfaces 
from fifteen miles per hour (mph) to five mph. The owner or operator 
shall continue good housekeeping practices on paved road surfaces until 
paved road sweeping resumes.
    (3) If a monitored exceedance of the lead NAAQS occurs after the 
provisions of the above contingency measures have been implemented for 
three full calendar months the owner or operator will submit an 
emissions evaluation meeting the criteria and timeline specified by the 
state.
    For Alter Metal Recycling, the following contingency measures 
contained in section 14, item L of the facility's construction permit 
apply:
    (1) After November 30, 2014, the facility shall increase the 
frequency of cleaning/sweeping of the haul roads to daily within seven 
days after notification by the state that a monitored exceedance of the 
lead NAAQS occurred. The facility shall submit data to the state and 
continue

[[Page 59702]]

daily cleaning/seeping until notified by the state that a different 
cleaning/sweeping frequency shall be used.
    (2) If a monitored exceedance of the lead NAAQS occurs after the 
provisions of the above contingency measure have been implemented for 
three full calendar months,
    Alter Metal Recycling shall submit an emissions evaluation meeting 
the criteria and timeline specified by the state.
    These measures will help ensure compliance with the 2008 lead NAAQS 
as well as meet the requirements of section 172(c)(9) of the CAA.
    EPA proposes to approve Iowa's SIP as meeting the requirements of 
section 172(c)(9) of the CAA.

I. Enforceability

    As specified in section 172(c)(6) and section 110(a)(2)(A) of the 
CAA, and 57 FR 13556, all measures and other elements in the SIP must 
be enforceable by the state and EPA. The enforceable documents included 
in Iowa's SIP submittal are the Administrative Consent Order between 
Iowa and Griffin Pipe dated January 29, 2015, and the construction 
permit for Alter Metal Recycling dated September 2, 2014. These 
documents contain all control and contingency measures with enforceable 
dates for implementation. Upon EPA approval of the SIP submission, the 
Administrative Consent Order for Griffin Pipe and the construction 
permit for Alter Metal Recycling will become Federally enforceable, and 
enforceable by citizens under section 304 of the CAA.
    EPA proposes to approve Iowa's SIP as meeting the requirements of 
sections 172(c)(6) and 110(a)(2)(A) of the CAA, and 57 FR 13556.

VI. Proposed Action

    EPA is proposing to grant full approval of Iowa's attainment 
demonstration SIP for the Pottawattamie County 2008 lead NAAQS 
nonattainment area. EPA believes that the SIP submitted by the state 
satisfies the applicable requirements of the CAA identified in EPA's 
Final Rule (73 FR 66964, October 15, 2008), and will result in 
attainment of the 0.15 ug/m\3\ standard in the Pottawattamie County, 
Iowa, area.

VII. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the proposed amendments to 40 CFR part 52 set forth below. 
EPA has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and/or in hard 
copy at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).

VIII. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to 
approve a SIP submission that complies with the provisions of the Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 proposed 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 proposed action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).
    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. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 1, 2015. Filing a petition for 
reconsideration by the Administrator of this proposed rule does not 
affect the finality of this rulemaking for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such

[[Page 59703]]

future rule or action. This proposed action may not be challenged later 
in proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 21, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA proposes to amend 40 
CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart Q--Iowa

0
2. In Sec.  52.820:
0
a. Amend the table in paragraph (d) by adding entries (110) and (111), 
in numerical order; and
0
b. Amend the table in paragraph (e) by adding entry (43), in numerical 
order.
    The additions read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (d) * * *

                                EPA-Approved Iowa Source-Specific Orders/Permits
----------------------------------------------------------------------------------------------------------------
                                                             State
          Name of source             Order/permit No.   effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(110) Griffin Pipe Products Co.,   Administrative              1/29/15  10/2/15 [Insert      ...................
 LLC.                               Consent Order No.                    Federal Register
                                    2015-AQ-02.                          citation].
(111) Alter Metal Recycling......  Permit No. 14-A-521          9/2/14  10/2/15 [Insert      ...................
                                                                         Federal Register
                                                                         citation].
----------------------------------------------------------------------------------------------------------------

    (e) * * *

                                   EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable
    Name of nonregulatory SIP         geographic or          State       EPA approval date       Explanation
            provision               nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(43) Lead attainment SIP.........  Portions of                 1/30/15  10/2/15 [Insert      EPA-R07-OAR-2015-05
                                    Pottawattamie                        Federal Register     82; FRL-9935-00-
                                    County.                              citation].           Region 7.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-24995 Filed 10-1-15; 8:45 am]
 BILLING CODE 6560-50-P