[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Proposed Rules]
[Pages 10159-10162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04438]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2016-0061, FRL-9943-03-Region 2]


Disapproval of Air Quality Implementation Plans; Puerto Rico; 
Attainment Demonstration for the Arecibo Lead Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
disapprove a State Implementation Plan, submitted by the Commonwealth 
of Puerto Rico to the EPA on January 30, 2015, for the purpose of 
providing for attainment of the 2008 Lead National Ambient Air Quality 
Standards in the Arecibo 2008 Lead nonattainment area. While the SIP 
includes all of the required elements for the Arecibo Area, the EPA 
proposes disapproval because the dispersion modeling analysis does not 
demonstrate attainment of the lead standard.

DATES: Comments must be received on or before March 30, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2016-0061 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The 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. The 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.

FOR FURTHER INFORMATION CONTACT: Mazeeda Khan, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3715, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What action is the EPA proposing?
II. What is the background information for this proposal?
III. What is included in Puerto Rico's proposed SIP submittal?
IV. What is the EPA's analysis of Puerto Rico's attainment plan 
submittal?
    a. Modeling Approach
    b. Modeling Results
V. What are the consequences of a disapproved SIP?
    a. What are the Act's provisions for sanctions?
    b. What federal implementation plan provisions apply if a State 
fails to submit an approvable plan?
    c. What are the ramifications regarding conformity?
VI. What are the EPA's conclusions?
VII. Statutory and Executive Order Reviews
    a. Executive Order 12866: Regulatory Planning and Review
    b. Paperwork Reduction Act
    c. Regulatory Flexibility Act
    d. Unfunded Mandates Reform Act
    e. Executive Order 13132: Federalism
    f. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    g. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    h. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use

[[Page 10160]]

    i. National Technology Transfer Advancement Act

I. What action is the EPA proposing?

    The Environmental Protection Agency (EPA) is proposing to 
disapprove Puerto Rico's State Implementation Plan (SIP), as submitted 
through the Puerto Rico Environmental Quality Board (PREQB) to the EPA 
on January 30, 2015, for the purpose of demonstrating attainment of the 
2008 Lead National Ambient Air Quality Standards (NAAQS) in the Arecibo 
2008 Lead nonattainment area (hereafter referred to as the ``Arecibo 
Area'' or ``Area''). The Arecibo Area is comprised of a portion of 
Arecibo County in Puerto Rico with a 4 kilometer radius surrounding The 
Battery Recycling Company, Inc. (hereafter referred to as ``TBRCI''). 
Puerto Rico's lead attainment plan for the Arecibo Area includes a base 
year emissions inventory, a modeling demonstration of lead attainment, 
an analysis of reasonably available control measures (RACM)/reasonably 
available control technology (RACT), a reasonable further progress 
(RFP) plan, and contingency measures.
    The EPA proposes to determine that Puerto Rico's attainment plan 
for the 2008 Lead NAAQS for the Arecibo Area does not meet the 
applicable requirements of the Act. The EPA is proposing to disapprove 
Puerto Rico's attainment plan for the Arecibo Area because the 
dispersion modeling analysis does not demonstrate attainment of the 
lead standard in all areas, as discussed in Section IV of this proposed 
rulemaking.

II. What is the background information for this proposal?

    On November 12, 2008 (73 FR 66964), the EPA revised the Lead NAAQS, 
lowering the level from 1.5 micrograms per cubic meter ([mu]g/m\3\) to 
0.15 [mu]g/m\3\ calculated over a three-month rolling average. The EPA 
established the 2008 Lead NAAQS based on significant evidence and 
numerous health studies demonstrating that serious health effects are 
associated with exposures to lead emissions.
    Following promulgation of a new or revised NAAQS, the EPA is 
required by the Clean Air Act (CAA) to designate areas throughout the 
United States as attaining or not attaining the NAAQS; this designation 
process is described in section 107(d)(1) of the CAA. On November 22, 
2010 (75 FR 71033), the EPA promulgated initial air quality 
designations for the 2008 Lead NAAQS, which became effective on 
December 31, 2010, based on air quality monitoring data for calendar 
years 2007-2009, where there was sufficient data to support a 
nonattainment designation. Designations for all remaining areas were 
completed on November 22, 2011 (76 FR 72097), which became effective on 
December 31, 2011, based on air quality monitoring data for calendar 
years 2008-2010. Effective on December 31, 2011, the Arecibo Area was 
designated as nonattainment for the 2008 Lead NAAQS, based on air 
quality monitoring data from June 2010. This designation triggered a 
requirement for Puerto Rico to submit a SIP revision by July 1, 2013 
with a plan for how the Area would attain the 2008 Lead NAAQS, as 
expeditiously as practicable, but no later than December 31, 2016.

III. What is included in Puerto Rico's proposed SIP submittal?

    In accordance with section 172(c) of the CAA and 40 CFR 51.117, 
Puerto Rico's attainment plan for the Arecibo Area includes: (1) An 
emissions inventory for the plan's base year (2011); and (2) an 
attainment demonstration. The attainment demonstration includes: 
Technical analyses that locate, identify and quantify sources of 
emissions contributing to violations of the 2008 Lead NAAQS; a modeling 
analysis of an emissions control strategy for TBRCI facility that does 
not attain the Lead NAAQS by the attainment year (2016); and 
contingency measures required under section 172(c)(9) of the CAA.

IV. What is the EPA's analysis of Puerto Rico's attainment plan 
submittal?

    The CAA requirements (see, e.g., section 172(c)(4)) 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. Section 302(d) of 
the CAA includes the Commonwealth of Puerto Rico in the definition of 
the term ``State.'' The demonstration must also meet the requirements 
of 40 CFR 51.112 and 40 CFR part 51, App. W, and include inventory 
data, modeling results, and emissions reduction analyses on which the 
Commonwealth has based its projected attainment. All these requirements 
comprise the ``attainment plan'' that is required for lead 
nonattainment areas.
    The Puerto Rico modeling analysis was prepared using the EPA's 
preferred dispersion modeling system, the American Meteorological 
Society/Environmental Protection Agency Regulatory Model (AERMOD) 
consisting of the AERMOD model and two data input preprocessors AERMET, 
and AERMAP, consistent with the EPA's Modeling Guidance \1\ and 40 CFR 
51.117. More detailed information on the AERMOD Modeling system and 
other modeling tools and documents can be found on the EPA Technology 
Transfer Network Support Center for Regulatory Atmospheric Modeling 
(SCRAM) (http://www.the EPA.gov/ttn/scram/) and in Puerto Rico's 
January 30, 2015 SIP submittal, in the docket for this proposed action 
(EPA-R04-OAR-2014-0220) on the www.regulations.gov Web site. A brief 
description of the modeling used to support the Commonwealth of Puerto 
Rico's attainment demonstration is provided below.
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    \1\ 40 CFR part 51 Appendix W (The EPA's Guideline on Air 
Quality Models) (November 2005) located at http://www.epa.gov/ttn/scram/guidance/guide/appw_05.pdf.
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a. Modeling Approach

    The following is an overview of the air quality modeling approach 
used in Puerto Rico's SIP submittal on January 30, 2015.
    AERMOD pre-processors, AERMET and AERMAP were used to process one 
year of site-specific meteorological data from 1992-1993 collected at 
the PREPA Cambalache station, based on PREQB's land use 
classifications, in combination with meteorological data from the San 
Juan station for substitution of the site-specific missing data.
    TBRCI emissions points were divided into stack, area source and 
volume source fugitive emissions. The volume source is the main process 
building. The area source was selected for the modeling of the 
emissions generated from the vehicle movement between the carbon, scrap 
and soda ash storage areas.
    The EPA LEADPOST processor is used for the calculation of the Lead 
rolling 3-month average using the monthly modeling results. Lead 
background concentration was omitted because the PREQB does not have an 
Arecibo Lead air quality monitor that is not affected by the emissions 
from TBRCI facility that would be representative of the Arecibo area. 
The PREQB addressed this issue by using a multi-source modeling 
scenario with projected or controlled emissions to 2016 of the 
facilities in the six municipalities (Arecibo, Barceloneta, Ciales, 
Florida Hatillo and Utuado), including the Arecibo airport.
    The PREQB developed the 2011 base year and the 2016 control 
strategy

[[Page 10161]]

emissions inventory for input into the air quality model to perform the 
dispersion modeling. The 2016 emissions inventory was used in the 
multi-source modeling scenario (see modeling protocol).

b. Modeling Results

    The Lead NAAQS compliance results of the AERMOD modeling are 
summarized in Table 1 below. As can be seen in Table 1, the maximum 3-
month rolling average predicted impact with the meteorological data 
(2006-2010) is more than the 2008 Lead NAAQS of 0.15 [mu]g/m\3\ for one 
set of AERMOD modeling runs. Output from the LEADPOST processor which 
details all of the concentrations can be found in the body of the 
January 30, 2015 submittal.

                                                          Table 1--Summary of Modeling Results
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                                                                 Maximum monthly                    Maximum 3-high
                                                                     predicted       Background    avg.  predicted   NAAQS ([mu]g/   Impact greater than
              Pollutant                        Avg. time          impact ([mu]g/   conc. ([mu]g/    impact ([mu]g/       m\3\)              NAAQS
                                                                      m\3\)            m\3\)            m\3\)
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Pb...................................  3-month rolling.........         0.34729              0.0           0.3313             0.15   Yes.
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    The post-control, which includes the RACM and RACT analysis, 
resulted in a predicted impact of 0.33 [mu]g/m\3\. This data indicates 
the control scenario of total full enclosure of TBRCI will not result 
in the emission reductions necessary to show attainment.
    The EPA has reviewed the modeling that Puerto Rico submitted to 
support the attainment demonstration for the Arecibo Area and has 
determined that this modeling is consistent with CAA requirements, 
Appendix W and the EPA guidance for lead attainment demonstration 
modeling. However, the modeling analysis does not demonstrate 
attainment with the Lead NAAQS. Therefore, the EPA proposes to 
disapprove Puerto Rico's Lead SIP for the Arecibo Area. The EPA 
understands that the PREQB is in the process of revising the attainment 
demonstration modeling to demonstrate attainment in the Arecibo area, 
and address this deficiency.

V. What are the consequences of a disapproved SIP?

    This section explains the consequences of a disapproval of a SIP 
under the CAA. The CAA provides for the imposition of sanctions and the 
promulgation of a federal implementation plan (FIP) if the Commonwealth 
fails to submit a plan revision that corrects the deficiencies 
identified by the EPA in its disapproval.

a. What are the Act's provisions for sanctions?

    If the EPA disapproves a required SIP or component of a SIP, such 
as the Attainment Demonstration SIP, CAA Sec.  179(a) provides for the 
imposition of sanctions unless the deficiency is corrected within 18 
months of the final rulemaking of disapproval. The first sanction would 
apply 18 months after the EPA disapproves the SIP. Under the EPA's 
sanctions regulations, 40 CFR 52.31, the first sanction would be 2:1 
offsets for sources subject to the new source review requirements under 
CAA Sec.  173. If the Commonwealth fails to submit a SIP for which the 
EPA proposes full or conditional approval 6 months after the first 
sanction is imposed, the second sanction will apply. The second 
sanction is a limitation on the receipt of Federal highway funds in the 
nonattainment area. The EPA also has authority under CAA Sec.  110(m) 
to sanction a broader area, but is not proposing to take such action in 
today's rulemaking.

b. What federal implementation plan provisions apply if a State fails 
to submit an approvable plan?

    In addition to sanctions, if the EPA finds that a State/
Commonwealth failed to submit the required SIP revision or disapproves 
the required SIP revision, or a portion thereof, the EPA must 
promulgate a FIP no later than 2 years from the date of the finding if 
the deficiency has not been corrected within that time period.

c. What are the ramifications regarding conformity?

    One consequence of the EPA's disapproval of a control strategy SIP 
is a conformity freeze whereby affected metropolitan planning 
organizations (MPOs) cannot make new conformity determinations on long 
range transportation plans and transportation improvement programs 
(TIPs). If we finalize the disapproval of the attainment demonstration 
SIP, a conformity freeze will be in place as of the effective date of 
the disapproval. (40 CFR 93.120(a)(2)) This means that no 
transportation plan, TIP, or project not in the first four years of the 
currently conforming transportation plan and TIP or that meet the 
requirements of 40 CFR 93.104(f) during a 12-month lapse grace period 
\2\ may be found to conform until another attainment demonstration SIP 
is submitted and the motor vehicle emissions budgets are found adequate 
or the attainment demonstration is approved. In addition, if the 
highway funding sanction is implemented, the conformity status of the 
transportation plan and TIP will lapse on the date of implementation of 
the highway sanctions. During a conformity lapse, only projects that 
are exempt from transportation conformity (e.g., road resurfacing, 
safety projects, reconstruction of bridges without adding travel lanes, 
bicycle and pedestrian facilities), transportation control measures 
that are in the approved SIP and project phases that were approved 
prior to the start of the lapse can proceed during the lapse. No new 
project-level approvals or conformity determinations can be made and no 
new transportation plan or TIP may be found to conform until another 
attainment demonstration SIP is submitted and the motor vehicle 
emissions budget is found adequate.
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    \2\ Additional information on the implementation of the lapse 
grace period can be found in the final transportation conformity 
rule published on January 24 , 2008. (73 FR 4423-4425).
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VI. What are the EPA's conclusions?

    The EPA is proposing to disapprove Puerto Rico's Lead attainment 
plan for the Arecibo Area. The EPA has determined that the SIP does not 
meet the applicable requirements of the CAA. Therefore, the EPA is 
proposing to disapprove Puerto Rico's January 30, 2015 SIP submittal 
since the modelling analysis does not demonstrate attainment of the 
NAAQS.
    Since the time that Puerto Rico submitted the SIP to the EPA, the 
PREQB formally revoked TBRCI's operating and construction permits on 
August 19, 2015. The EPA understands that Puerto Rico is in the process 
of

[[Page 10162]]

revising the attainment demonstration modeling to address this change 
in TBRCI's operating status. Therefore, while we are proposing 
disapproval, the EPA fully expects Puerto Rico to submit a new 
Attainment Demonstration SIP to reflect this change in TBRCI's 
operating status in the Arecibo Area. If the Attainment Demonstration 
SIP is submitted to the EPA as a SIP revision, the EPA will review it 
and, if it is approvable, will withdraw the proposed disapproval.

VII. Statutory and Executive Order Reviews

a. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and, therefore, is 
not subject to review by the Office of Management and Budget.

b. Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

c. Regulatory Flexibility Act

    I certify that this action will not have a significant impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). This action will not impose any 
requirements on small entities. This action merely disapproves Puerto 
Rico's Lead SIP as not meeting Federal requirements and imposes no 
additional requirements beyond those imposed by the plan.

d. Unfunded Mandates Reform Act

    This action does not impose any additional enforceable duty beyond 
that which is required by Puerto Rico law because this rule disapproves 
a SIP revision and it 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);

e. Executive Order 13132: Federalism

    This action also does not have Federalism implications because it 
does not have substantial direct effects on the Commonwealth, on the 
relationship between the national government and the Commonwealth, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999). This action merely disapproves the Puerto Rico 
Lead SIP and does not alter the relationship or the distribution of 
power and responsibilities established in the CAA.

f. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (59 
FR 22951, November 9, 2000);

g. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it disapproves the Puerto Rico Lead 
SIP.

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

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

i. National Technology Transfer Advancement Act

    In reviewing SIP submissions, the EPA's role is to approve state or 
commonwealth choices, provided that they meet the criteria of the CAA. 
In this context, in the absence of a prior existing requirement for the 
Commonwealth to use voluntary consensus standards (VCS), the EPA has no 
authority to disapprove a commonwealth submission for failure to use 
VCS. It would thus be inconsistent with applicable law for the EPA, 
when it reviews a SIP submission, to use VCS in place of a SIP 
submission that otherwise satisfies the provisions of the CAA. Thus, 
the requirements of section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.

List of Subjects in 40 Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Reporting and 
Recordkeeping requirements.

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

    Dated: February 22, 2016.
Judith Enck,
Regional Administrator, Region 2.
[FR Doc. 2016-04438 Filed 2-26-16; 8:45 am]
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