[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Proposed Rules]
[Pages 1136-1141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33303]
[[Page 1136]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0773; FRL-9941-07-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Attainment Plan for the North Reading Area for the 2008
Lead National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Commonwealth of Pennsylvania (the Commonwealth or Pennsylvania). This
revision pertains to the Commonwealth's attainment plan for the North
Reading nonattainment area (``North Reading Area'' or ``Area'') for the
2008 lead national ambient air quality standards (NAAQS), and includes
a base year emissions inventory, an analysis of reasonably available
control measures (RACM) (including reasonably available control
technology (RACT)), a plan for reasonable further progress (RFP), a
modeling demonstration of lead NAAQS attainment, and contingency
measures. This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before February 10,
2016.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0773 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: [email protected].
C. Mail: EPA-R03-OAR-2015-0773, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2015-0773. EPA's policy is that all comments received 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 information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI, or otherwise protected, through www.regulations.gov or email.
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 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, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available in www.regulations.gov or may be viewed during
normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. Copies of the State submittal are
available at the Pennsylvania Department of Environmental Protection,
Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814-5787, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: On August 12, 2015, the Pennsylvania
Department of Environmental Protection (PADEP) submitted a revision to
its SIP for the purpose of demonstrating attainment of the 2008 lead
NAAQS in the North Reading Area. Pennsylvania's lead attainment plan
for the Area includes a base year emissions inventory, a modeling
demonstration of lead NAAQS attainment, an analysis of RACM, RACT, and
RFP, and contingency measures. The attainment plan includes portions of
two Consent Order and Agreements (COA) between PADEP and Exide
Technologies (Exide) and Yuasa Battery, Inc. (Yuasa) which demonstrate
how Pennsylvania will achieve and maintain compliance with the 2008
lead NAAQS. The lead attainment plan specifically includes paragraph 3
of the COA between Exide and PADEP, dated June 15, 2015, and paragraphs
5 and 22 of the COA between Yuasa and PADEP, dated June 12, 2015.
EPA has determined that Pennsylvania's attainment plan for the 2008
lead NAAQS for the North Reading Area meets the applicable requirements
of the CAA. Thus, EPA is proposing to approve Pennsylvania's attainment
plan for the North Reading Area and paragraphs 3, 5, and 22,
respectively, of the COAs between PADEP and Exide and Yuasa, as
submitted on August 12, 2015.
EPA's analysis and findings are discussed for each applicable
requirement in this rulemaking action. The three Technical Support
Documents (TSDs) for this proposed action contain additional details on
the base year inventory, modeling, control strategies, RFP, and
contingency measures of the attainment demonstration. Copies of these
TSDs can be found in the docket for this proposed action (EPA-R03-OAR-
2015-0773) at www.regulations.gov.
I. Background
The North Reading attainment plan assesses lead emissions within
the Area. Lead is a metal found naturally in the environment and
present in some manufactured products. Human exposure to lead can cause
a variety of adverse health effects, especially in children.\1\
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\1\ A more detailed analysis of adverse health effects
associated with lead exposure can be found in the Preamble of the
2008 lead NAAQS final rule, published in the Federal Register on
November 12, 2008. See 73 FR 66964.
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Lead is emitted into the air from many sources, encompassing a wide
variety of stationary and mobile source types. In the United States,
there has been a decrease in the emissions of lead from mobile sources,
resulting from the reduction of lead additives to fuel. Most of the
lead emissions in the North Reading Area come from permitted stationary
sources within the Area.
On November 12, 2008 (73 FR 66964), EPA established a 2008 primary
and secondary lead NAAQS at 0.15 micrograms per cubic meter ([micro]g/
m\3\)
[[Page 1137]]
based on a maximum arithmetic 3-month mean concentration for a 3-year
period. See 40 CFR 50.16. Following promulgation of a new or revised
NAAQS, EPA is required by the CAA, as described in section 107(d)(1),
to designate areas throughout the United States as attaining or not
attaining the NAAQS. On November 22, 2010 (75 FR 71033), EPA published
its initial air quality designations and classifications for the 2008
lead NAAQS based upon air quality monitoring data for calendar years
2007-2009. The November 22, 2010 notice included the nonattainment
designation of the North Reading Area; an area within Berks County in
the Commonwealth of Pennsylvania, bounded by Alsace Township,
Laureldale Borough, and Muhlenberg Township. See 76 FR 72097. The
November 22, 2010 designations, including the North Reading Area
nonattainment designation, became effective on December 31, 2010.\2\
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\2\ EPA completed a second and final round of designations for
the 2008 lead NAAQS on November 22, 2011. See 76 FR 72097. No
additional areas in Pennsylvania were designated as nonattainment
for the 2008 lead NAAQS in the November 22, 2011 designations.
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The designation of the North Reading Area as nonattainment for the
2008 lead NAAQS triggered requirements under section 191(a) of the CAA,
requiring Pennsylvania to submit a SIP revision with a plan for how the
Area will attain the 2008 lead NAAQS, as expeditiously as practicable,
but no later than December 31, 2015.
II. Summary of SIP Revision
On August 12, 2015, in accordance with section 172(c) of the CAA,
Pennsylvania submitted an attainment plan for the North Reading Area
which includes a base year emissions inventory, an attainment
demonstration, an analysis of RACM and RACT, provisions for RFP, and
contingency measures. The SIP revision also includes paragraph 3 of the
COA between Exide and PADEP and paragraphs 5 and 22 of the COA between
Yuasa and PADEP. EPA's analysis of the submitted attainment plan
includes a review of these elements for the North Reading Area.
As part of the promulgation of the 2008 lead NAAQS, EPA revised the
air monitoring requirements for lead. In accordance with the revised
monitoring requirements, air monitors near sources in Pennsylvania that
emit one ton per year (tpy) or more were in place by January 2010. The
monitoring requirements for lead were further revised on December 27,
2010, when EPA lowered the monitoring requirement for stationary
sources down to those that emit 0.5 tpy of lead among other changes.
See 75 FR 81126.
Pennsylvania's lead monitoring network consists of lead monitors
that have been designated by EPA as either Reference or Equivalent
monitors and are subject to the federal quality assurance requirements
of 40 CFR part 58, appendix A. All samplers are located at sites that
have met the minimum siting requirements of 40 CFR part 58, appendices
D and E.
PADEP currently operates two ambient air monitors in the North
Reading Area. The Laureldale South monitor has been in place since 1976
and the Laureldale North monitor since January 1, 2010.\3\ As required
in 40 CFR 58.10, Pennsylvania must provide EPA with an annual network
design plan in order to inform both EPA and the public of any planned
changes to the sampling network for the next year. EPA approved
Pennsylvania's 2015 Annual Air Quality Monitoring Network Design Plan,
the most recent year available at the time of this evaluation, on
November 12, 2015.
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\3\ The Laureldale North monitor (AQS 42-011-0020) is associated
with the Exide facility located in Berks County and was installed in
accordance with EPA's network design requirements for the 2008 lead
NAAQS. 73 FR 66964. EPA reaffirmed placement of lead ambient air
monitors in Pennsylvania when approving Pennsylvania's lead
infrastructure SIP for the 2008 NAAQS as meeting requirements in
section 110(a)(1) and (2) of the CAA. See 79 FR 19009 (April 7,
2014). EPA's approval of the lead infrastructure SIP, particularly
regarding the approval of Pennsylvania's monitoring locations for
section 110(a)(2)(B), was upheld in 2015 by the United States Court
of Appeal for the Third Circuit. Berks County v. EPA, 3rd Cir. No.
14-2913, 2015 U.S. App. LEXIS 14050 (August 11, 2015).
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1. Emissions Inventory Requirements
Section 172(c)(3) of the CAA requires a state to submit a SIP that
includes a ``comprehensive, accurate, current inventory of actual
emissions from all sources of the relevant pollutant'' in the
nonattainment area. In the 2008 lead NAAQS rulemaking on November 12,
2008, EPA finalized guidance related to the emissions inventories
requirements for lead. See 73 FR 66964.
For the base year inventory of actual lead emissions for CAA
172(c)(3), EPA recommends using either 2010 or 2011 as the base year,
but does provide flexibility for using other inventory years if states
can show another year is more appropriate. Additionally, EPA guidance
provides that actual emissions should be used for purposes of the base
year inventory.\4\ PADEP submitted a 2010 inventory for the point
sources of lead emissions in the North Reading Area, which includes
Exide and Yuasa.
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\4\ See ``Addendum to the 2008 Lead NAAQS Implementation
Questions and Answers'' dated August 10, 2012, which is included in
EPA's SIP Toolkit located at www3.epa.gov/airquality/lead/implement.html.
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For the nonpoint sources of lead emissions, PADEP submitted EPA's
2011 National Emissions Inventory (NEI) v2 data as a surrogate for the
2010 inventory. The nonpoint source values for the North Reading Area
were calculated using Berks County data apportioned by population.
EPA reviewed the results, procedures, and methodologies for
Pennsylvania's submission and found them to be reasonable for
calculating the lead base year inventory for section 172(c)(3) of the
CAA and in accordance with 40 CFR 51.117(e). A more detailed
description of the PADEP's use and calculation of inventories as well
as EPA's analysis of PADEP's base inventory for CAA requirements is
included in the TSD prepared in support of this proposed rulemaking
action. A copy of the Base Inventory TSD can be found in the docket for
this proposed action (EPA-R03-OAR-2015-0773) at www.regulations.gov. In
this action, EPA is proposing to approve the base year emissions
inventory submitted by Pennsylvania on August 12, 2015, as it meets
requirements in section 172(c)(3) of the CAA.
2. Attainment Planning Modeling
Section 172(c)(4) of the CAA and the lead SIP regulations found at
40 CFR 51.117 require states to employ atmospheric dispersion modeling
for the demonstration of attainment of the lead NAAQS for areas in the
vicinity of point sources listed in 40 CFR 51.117(a)(1), as
expeditiously as practicable. The demonstration must meet the
requirements of 40 CFR 51.112 and part 51, appendix W, and include
inventory data, modeling results, and emissions reduction analyses on
which the state has based its projected attainment. All these
requirements comprise the ``attainment plan'' that is required for lead
nonattainment areas.
As part of a state's attainment plan, 40 CFR 51.117(a) provides
that states must include an analysis showing that the SIP will attain
and maintain the standard in areas in the vicinity of certain point
sources that are emitting significant emissions of lead and also in
``[a]ny other area that has lead air concentrations in excess of the
national ambient air quality standard concentration.'' These sources
include primary and secondary lead smelters, primary copper smelters,
lead gasoline additive plants, lead-acid storage battery
[[Page 1138]]
manufacturing plants, and any other stationary source that emits 25 or
more tpy of lead or lead compounds measured as elemental lead. 40 CFR
51.117(a)(1). In doing this analysis, EPA expects a state will take
into consideration all sources of lead emissions within the
nonattainment area that may be required to be controlled.
In its SIP submittal, Pennsylvania identified one facility as
having the potential to emit 0.5 tpy or more of lead in the North
Reading Area. This facility, Exide Technologies, a secondary lead
smelter, was included in PADEP's modeling analysis. Yuasa, a lead-acid
battery assembly plant located across the street from Exide, was also
included in the modeling analysis. Lead emissions from nonpoint sources
and mobile sources were also examined but found to be insignificant and
while included in PADEP's lead inventory, they were not included in the
lead modeling demonstration due to their insignificance.
In accordance with 40 CFR part 51, appendix W, PADEP completed an
air-dispersion modeling analysis for base year and future year emission
inventories representing Exide and Yuasa, with reported lead emissions
in 2010 and projected emissions for 2015. The 2015 lead emissions were
used in the modeled attainment demonstration to determine if projected
lead emission rates would comply with the 2008 lead NAAQS. The 2015
lead emissions for Exide and Yuasa were determined by incorporating
emission reductions from the implementation of the control measures set
forth in the National Emission Standards for Hazardous Air Pollutants
for Secondary Lead Smelting sources (Secondary Lead Smelting NESHAP)
and from the stack-specific emission limits identified in the COAs
between Pennsylvania and Exide and Yuasa.\5\ PADEP modeled seventy-
seven lead emission sources for Exide and twenty-seven lead emission
sources for Yuasa. Table 1 summarizes 2010 and 2015 lead emissions
compiled by the Commonwealth for both Exide and Yuasa.
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\5\ PADEP's RACM/RACT proposal for Exide, which includes
measures that would require the facility to meet the requirements of
the Secondary Lead Smelting NESHAP, is contained within Exide's Plan
Approval No. 06-05066I.
Table 1--North Reading Lead Source Emissions Summary (tpy)
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2010 lead 2015 lead
Lead source emissions emissions
(actual) (projected)
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Exide......................................... 1.0417 0.8991
Yuasa......................................... 0.1520 0.0850
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EPA has found that PADEP's modeling demonstration was done in
accordance with appendix W of 40 CFR part 51 and the modeling indicates
that the Area will meet the 2008 lead NAAQS.
Because the Area had monitored violations of the 2008 lead NAAQS in
January 2013, before Exide began idling, the Area will not attain the
NAAQS by December 2015 (the Area's attainment date pursuant to section
192 of the CAA) based on ambient air quality over 36 consecutive 3-
month periods. However, there have been no monthly periods which have
exceeded 0.15 [micro]g/m\3\ since March 2013.6 7 As such,
the 3-month rolling averages from mid-year 2013 and after have been
below 0.15 [micro]g/m\3\ and the Area is on track to meet the 2008 lead
NAAQS. EPA and PADEP expect the 2008 lead NAAQS to be attained on the
basis of 2014-2016 ambient data as a result of implementation of
PADEP's August 12, 2015 SIP revision.
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\6\ The daily averages used to calculate 3-month averages are
given in appendices A-2 and A-3 in PADEP's August 12, 2015
submittal, which can be found in docket for this rulemaking action.
\7\ Environmental Protection Agency. Air Quality System Data
Mart [internet database] available at http://www.epa.gov/ttn/airs/aqsdatamart. Accessed December 3, 2015.
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The projected 2015 emissions inventory used the maximum allowable
lead emissions for both Exide and Yuasa. While Exide is currently
idling, it has not installed all of the control measures necessary for
the Secondary Lead Smelting NESHAP and its Plan Approval No. 06-05066I.
However, pursuant to the COA between Exide and Pennsylvania, Exide
cannot resume operations at the facility without demonstrating
compliance with the control measures specified in the Plan Approval No.
06-05066I and in its COA. The future year maximum allowable lead
emissions were developed from the control measures included in
Pennsylvania's attainment plan. However, even if Exide's operations
remain idled and controls not installed until it resumes operations,
its potential lead emissions while idling will continue to be less than
if it were operating under the NESHAP and COA controls and limits.
EPA has evaluated the information provided in the Commonwealth's
attainment plan for the North Reading Area and concludes that the
Commonwealth's model attainment demonstration shows current lead
control and emission limits will provide for attainment of the 2008
lead NAAQS and the modeling meets the requirements in the CAA and its
implementing regulations.
More detailed information on the modeling system tools and
documents used for the model attainment demonstration for the Area and
EPA's analysis of PADEP's modeling can be found on the EPA Technology
Transfer Network Support Center for Regulatory Atmospheric Modeling
(SCRAM), in Pennsylvania's August 12, 2015 submittal, and in the EPA's
Modeling TSD which can be found in the docket for this proposed action
(EPA-R03-OAR-2015-0773) at www.regulations.gov.\8\
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\8\ http://www.epa.gov/ttn/scram/.
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3. RACM, RACT, and RFP Analysis
According to section 172(c)(1) of the CAA and 40 CFR 51.112,
Demonstration of Adequacy, attainment plans shall provide for RACM and
RACT and must demonstrate that the measures, rules, and regulations
contained in it are adequate to provide for the timely attainment and
maintenance of the national standard that it implements.
In order to bring the North Reading Area into attainment for the
2008 lead NAAQS, Pennsylvania developed and modeled a control strategy
for emissions from stacks at stationary sources and fugitive emissions
from stationary sources from the two point sources of lead in the
nonattainment area. Section IV of Pennsylvania's attainment plan SIP
revision details the control measures and emission limits for the North
Reading Area.
Pursuant to section 172(c)(1) of the CAA, attainment plans must
provide for the implementation of all RACM as expeditiously as
practicable for each nonattainment area. Section 172(c)(1) of the CAA
requires RACM and emission reductions from sources through RACT to
provide for attainment of the NAAQS. In March 2012, EPA issued guidance
titled, ``Guide to Developing Reasonably Available Control Measures
(RACM) for Controlling Lead Emissions'' (RACM Guidance).\9\
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\9\ http://www3.epa.gov/airquality/lead/pdfs/2012ImplementationGuide.pdf.
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In the final rule for the 2008 lead NAAQS, EPA recommended that at
least all stationary sources emitting 0.5 tpy or
[[Page 1139]]
more should undergo a RACT review.\10\ At the time Pennsylvania was
developing its attainment plan SIP, Exide was the only stationary
source within the North Reading Area that had the potential to emit 0.5
tpy or more of lead emissions. Therefore, Exide was the only point
source within the North Reading Area which PADEP required to complete a
RACT analysis. Exide performed a RACT analysis following EPA's RACM
guidance for controlling lead emissions which PADEP adopted in Plan
Approval No. 06 05066I and proposes as RACT.
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\10\ See 73 FR 67038 (November 12, 2008).
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Exide's RACT analysis is located in appendix C-3 of Pennsylvania's
SIP revision. The control measures the PADEP implemented as RACT for
Exide include a variety of control measures for the attainment plan
which also address requirements in the Secondary Lead Smelting NESHAP.
See 77 FR 556 (January 5, 2012).
A descriptive list of the measures which Exide must implement are
included in table 9 of PADEP's SIP revision. EPA's review and analysis
of Pennsylvania's RACT proposal for Exide can be found in the Control
Strategies, Reasonable Further Progress, and Contingency Measures TSD
found in the docket for this proposed action (EPA-R03-OAR-2015-0773) at
www.regulations.gov.
EPA is proposing to approve Pennsylvania's determination that the
controls for lead emissions at Exide constitute RACM/RACT because PADEP
conducted a reasonable analysis of controls that are technically and
economically feasible and set the lowest achievable limits given those
controls in accordance with the CAA requirements. By approving these
control measures as RACM/RACT for Exide for purposes of the North
Reading attainment plan, these control measures will become permanent
and federally enforceable and will meet the requirements of the CAA and
the 2008 lead NAAQS.
In addition to the RACT analysis performed for Exide, Pennsylvania
evaluated other sources and actions that could contribute meaningful
emission reductions for RACM. In order to establish further enforceable
controls as RACM to reduce lead emissions from lead point sources and
fugitive lead sources, the Commonwealth developed and entered into two
separate COAs, one COA with Exide and one COA with Yuasa. These COAs
are located within the Pennsylvania attainment SIP revision in
appendices C-1 and C-2 and, upon EPA approval of Pennsylvania's
submittal, the portions of these COAs submitted for the SIP will become
federally enforceable.
According to PADEP, the COA between Exide and Pennsylvania
specifies control measures that have been demonstrated with air
dispersion modeling to reduce Exide's lead emission contributions to
the North Reading Area. Also in the COA are emission limits that are to
be included in the Commonwealth's SIP as limiting factors for lead
emissions control from the lead emitting stacks at the Exide facility.
The COA limits the total stack lead emissions for Exide to 0.02479667
grams of lead per second (g/s).
However, Exide has been in an idling state since February 2013, and
as a result its lead emissions have been reduced dramatically. Exide
submitted to PADEP a deactivation cover letter and Maintenance and
Activation Plan on January 31, 2014, which indicated that only two
lead-emitting sources remain active during the facility's idling state.
Source 131 Lime Storage Bin and Source 132 Plant Roadways continue to
operate under the controls currently identified in the facility's Title
V operating permit. In 2014, under this idled state, Exide emitted a
total of 0.00004 tpy of lead, reflecting significant reductions from
its prior lead emissions due to idling.
Included in the COA between Pennsylvania and Exide is the
requirement that Exide shall not resume operation of any portion of the
facility until Exide has completed all of the modification work
specified in Exide's Plan Approval No. 06-05066I, which includes all
requirements for the Secondary Lead Smelting NESHAP.
According to PADEP's attainment plan, the COA between Yuasa and
Pennsylvania specifies control measures that have been demonstrated
with air dispersion modeling to reduce Yuasa's contribution to lead
emissions in the North Reading Area. The COA with Yuasa includes
emission limits as well as requirements for stack testing,
recordkeeping, monitoring, and progress reports. The COA limits the
total stack lead emissions for Yuasa to 0.002279522 g/s, to which Yuasa
must adhere by December 31, 2015. Yuasa must demonstrate compliance
with these limits, via reference method stack testing, by no later than
June 30, 2016.
Upon EPA final approval of the Pennsylvania lead attainment plan
SIP revision for the North Reading Area, the limits and measures (in
paragraph 3 for Exide and paragraphs 5 and 22 for Yuasa) within the
COAs for Exide and Yuasa will become federally enforceable. EPA finds
the measures contained in the COAs for Yuasa and Exide provide for
implementation of all RACM as expeditiously as practicable to provide
for attainment of the 2008 lead NAAQS in accordance with the
requirements in section 172(c)(1) of the CAA and its implementing
regulations. Further details of EPA's review of the RACM for Yuasa and
Exide is provided in the Control Strategies, Reasonable Further
Progress, and Contingency Measures TSD found in the docket for this
proposed action (EPA-R03-OAR-2015-0773) at www.regulations.gov.
In accordance with section 172(c)(2) of the CAA, attainment plans
must also provide for RFP. Section 171(1) of the CAA defines RFP as
annual incremental reductions in emissions of the relevant air
pollutants as required by Title I, Part D of the CAA, or emission
reductions that may reasonably be required by EPA to ensure attainment
of the applicable NAAQS by the applicable date.\11\ EPA believes that
RFP for lead nonattainment areas should be met by ``adherence to an
ambitious compliance schedule'' which is expected to periodically yield
significant emission reductions, and as appropriate, linear
progress.\12\
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\11\ Incremental reductions in lead emissions are not specified
in Part D.
\12\ See 73 FR 67038 (November 12, 2008).
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In its August 12, 2015 submittal, PADEP presented the COAs with
Exide and Yuasa as providing for RFP. Overall, EPA finds that the
control strategies for both Exide and Yuasa will provide for immediate
reductions in lead emissions in the Area. Yuasa's reductions will be
implemented by December 2015. Although Exide's reductions in lead from
the control strategies in the COA have not been implemented yet, the
plant has no lead smelting in operation and thus reductions in lead
have already occurred. While the lead emissions reductions are not
staggered or phased and therefore the ambient air quality
concentrations are not expected to decrease over a long period of time,
the lead reductions have already most notably occurred after Exide
began its idling state in February 2013. Since shortly after Exide
began idling, all of the North Reading Area's ambient air monitors have
been reporting 3-month rolling averages well below the 2008 lead NAAQS.
As ambient air quality concentrations have dropped, and have remained,
below 0.15 [micro]g/m \3\, EPA believes that the Area has made RFP
towards attainment.
As provided in the COA between Exide and PADEP, if Exide seeks to
resume its lead smelting operations at its facility, Exide would first
need to
[[Page 1140]]
comply with all of the control measures necessary to comply with the
Secondary Lead Smelting NESHAP as well as the control measures
specified in the COA. Upon implementation of these control strategies,
Pennsylvania's modeling shows the ambient air quality concentrations
should continue below the attainment level. Therefore, the Area should
continue to attain the 2008 lead NAAQS whether Exide is operating or
not and EPA thus finds that PADEP has met its RFP requirements for the
North Reading Area.
In summary, EPA finds the Pennsylvania attainment plan for North
Reading Area meets CAA requirements in section 172 of the CAA for RACM/
RACT and RFP. Further EPA analysis and reasoning supporting EPA's
conclusion is available in the Control Strategies, Reasonable Further
Progress, and Contingency Measures TSD found in the docket for this
proposed action (EPA-R03-OAR-2015-0773) at www.regulations.gov.
4. Contingency Measures
As required by section 172(c)(9) of the CAA, an attainment
demonstration must include contingency measures to be implemented if
EPA determines that the nonattainment area in question has failed to
make RFP or if the area fails to attain the NAAQS by the attainment
date in December 2015. These measures must be fully adopted rules or
control measures that can be implemented quickly and without additional
EPA or state action if the area fails to meet RFP requirements or fails
to meet it attainment date. Contingency measures should contain trigger
mechanisms and an implementation schedule. In addition, these measures
should not already be included in the SIP control strategy for
attaining the standard.\13\
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\13\ See 73 FR 67038 (November 12, 2008).
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For the North Reading Area attainment plan, Pennsylvania's SIP
submission provides that if the air quality data for any 3-month
rolling period after the implementation of the control measures
identified in the COAs and Plan Approval No. 06-05066I exceed the 0.15
[micro]g/m\3\ lead NAAQS, at least one of the contingency measures set
forth in the COAs shall be implemented.
The COA between Pennsylvania and Exide includes for contingency
measures: Upgrade of existing fugitive dust control devices; increase
existing lead emission stack heights; increased frequency of plant
roadway surface cleaning; and an investigative study.\14\ PADEP will
use two types of triggers, ambient air quality and emission events, for
the implementation of contingency measures in the North Reading Area.
Detailed information regarding the contingency measure actions and
contingency measure triggers for Exide and Yuasa as well as EPA's
analysis of these contingency measures for compliance with CAA
requirements, can be found in the Control Strategies, Reasonable
Further Progress, and Contingency Measures TSD located in the docket
for this proposed action (EPA-R03-OAR-2015-0773) at
www.regulations.gov.
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\14\ The COA between Pennsylvania and Yuasa includes an
investigative study as a contingency measure for Yuasa. Appendix C-2
in PADEP's August 12, 2015 submittal, which can be found in docket
for this rulemaking action.
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EPA finds these contingency measure triggers and actions will help
ensure compliance with the 2008 lead NAAQS and meet the requirements of
section 172(c)(9) of the CAA to ensure continued attainment of the
NAAQS if any events occur interfering with attainment. EPA proposes to
approve Pennsylvania's SIP revision as meeting section 172(c)(9) of the
CAA.
III. Proposed Action
EPA's review of Pennsylvania's August 12, 2015 SIP revision for the
attainment plan for the North Reading Area satisfies the applicable
requirements of the CAA identified in EPA's final 2008 lead NAAQS rule
and in section 172 of the CAA and its implementation regulations.\15\
EPA finds the attainment plan will result in attainment of the 0.15
[micro]g/m\3\ standard for the 2008 lead NAAQS in the North Reading
Area. EPA is proposing to approve the Pennsylvania SIP revision, which
was submitted on August 12, 2015, for the North Reading nonattainment
area for the 2008 lead NAAQS and includes the attainment demonstration,
base year emissions inventory, RACM/RACT and RFP analyses, and
contingency measures. EPA also proposes to approve for inclusion in the
Pennsylvania SIP paragraph 3 of the COA between Exide and PADEP, dated
June 15, 2015 and paragraphs 5 and 22 of the COA, dated June 12, 2012,
between Yuasa and PADEP, as control measures for the attainment plan.
EPA is soliciting public comments on the issues discussed in this
document. These comments will be considered before taking final action.
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\15\ Section 172(c)(5) of the CAA requires permits for the
construction and operation of new and modified major stationary
sources anywhere in a nonattainment area. The Pennsylvania SIP
includes provisions consistent with the federal requirements, set
forth at 40 CFR 51.165, for nonattainment new source review (NSR).
Yuasa is considered a natural minor for purposes of nonattainment
NSR for all pollutants, including lead.
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IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; 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).
In addition, this proposed rule regarding PADEP's lead attainment
plan for the North Reading Area, does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country
[[Page 1141]]
located in the state, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Lead.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 21, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2015-33303 Filed 1-8-16; 8:45 am]
BILLING CODE 6560-50-P