Approval of Air Quality Implementation Plans; Puerto Rico; Attainment Demonstration for the Arecibo Lead Nonattainment Area, 78097-78103 [2016-26729]
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[FR Doc. 2016–25325 Filed 11–4–16; 8:45 am]
BILLING CODE 3510–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2016–0559; FRL–9954–97–
Region 2]
Approval of Air Quality Implementation
Plans; Puerto Rico; Attainment
Demonstration for the Arecibo Lead
Nonattainment Area
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency is proposing to approve a State
Implementation Plan dated August 30,
2016, submitted by the Commonwealth
of Puerto Rico to the EPA, for the
purpose of providing for attainment of
the 2008 Lead National Ambient Air
Quality Standards in the Arecibo Lead
nonattainment area. The Arecibo
nonattainment Area is comprised of a
portion of Arecibo Municipality in
Puerto Rico with a 4 kilometer radius
surrounding The Battery Recycling
Company, Inc. Puerto Rico initially
submitted a lead SIP revision for the
Arecibo area on January 30, 2015. The
EPA proposed to disapprove the January
30, 2015 submittal on February 29,
2016. The PREQB rescinded the January
30, 2015 submittal and replaced it with
the August 30, 2016 lead SIP submittal
for the Arecibo area.
DATES: Comments must be received on
or before December 7, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID number EPA–
R02–OAR–2016–0559 at https://
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
SUMMARY:
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EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Mazeeda Khan, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, New York, New York 10007–
1866, (212) 637–3715, or by email at
khan.mazeeda@epa.gov.
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 SIP
submittal?
IV. What is the EPA’s analysis of Puerto
Rico’s attainment plan submittal?
a. Pollutants Addressed
b. Emissions Inventory Requirements
i. 2011 Emissions Inventory
ii. 2016 Emissions Inventory
c. Attainment Plan Modeling
i. Modeling Approach
ii. Modeling Results
d. RACM/RACT Requirements
e. RFP Requirements
f. Contingency Measures
g. Attainment Date
V. What are the EPA’s conclusions?
VI. Statutory and Executive Order Reviews
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I. What action is the EPA proposing?
The Environmental Protection Agency
(EPA) is proposing to approve Puerto
Rico’s State Implementation Plan (SIP)
dated August 30, 2016, as submitted by
the Puerto Rico Environmental Quality
Board (PREQB) to the EPA, for the
purpose of demonstrating attainment of
the 2008 Lead National Ambient Air
Quality Standards (NAAQS) in the
Arecibo Lead nonattainment area
(Arecibo Area or Area). The Arecibo
Area is comprised of a portion of
Arecibo Municipality in Puerto Rico
with a 4 kilometer radius surrounding
The Battery Recycling Company, Inc.
(TBRCI). Puerto Rico’s lead attainment
plan for the Arecibo Area includes a
base year emissions inventory, a
modeling demonstration of lead
attainment, contingency measures and
narrative on control measures that
included reasonably available control
measures (RACM)/reasonably available
control technology (RACT), and
reasonable further progress (RFP).
The EPA proposes to determine that
Puerto Rico’s attainment plan for the
2008 Lead NAAQS for the Arecibo Area
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meets the applicable requirements of the
Clean Air Act (CAA). The EPA is
proposing to approve Puerto Rico’s
attainment plan for the Arecibo Area.
The EPA’s analysis for this proposed
action is 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 (mg/m3) to 0.15 mg/m3
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 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. On
November 22, 2011 (76 FR 72097),
designations for the 2008 Lead NAAQS
for all remaining areas were completed,
which became effective on December
31, 2011, based on air quality
monitoring data for calendar years
2008–2010. Effective December 31,
2011, the Arecibo Area was designated
as nonattainment for the 2008 Lead
NAAQS, based on air quality
monitoring data from April 2010 to June
2010 using a three-month rolling
average design value. This designation
triggered a requirement for Puerto Rico
to submit a SIP revision by June 30,
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.
The PREQB initially submitted a lead
SIP revision for the Arecibo area on
January 30, 2015. The EPA proposed to
disapprove the January 30, 2015
submittal on February 29, 2016 (81 FR
10159). One comment was received
from the Chairman of the PREQB,
Weldin Ortiz Franco. The PREQB
rescinded the January 30, 2015
submittal and replaced it with the
August 30, 2016 lead SIP submittal for
the Arecibo area. Accordingly, the EPA
is proposing to act on the August 30,
2016 submittal. Today’s proposal
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represents EPA’s only action on Puerto
Rico lead SIP. The revised SIP submittal
included the base year emissions
inventory and the attainment
demonstration. The EPA’s analysis of
the submitted attainment plan includes
a review of the pollutant addressed,
emissions inventory requirements,
modeling demonstration of lead
attainment, contingency measures and
narrative on control measures that
included reasonably available control
measures (RACM)/reasonably available
control technology (RACT), and
reasonable further progress (RFP) for the
Arecibo Area.
III. What is included in Puerto Rico’s
proposed SIP submittal?
In accordance with CAA section
172(c) and 40 Code of Federal
Regulations (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 the TBRCI
facility that attains the level of the Lead
NAAQS by the attainment year (2016);
and, contingency measures required
under CAA section 172(c)(9).
IV. What is the EPA’s analysis of Puerto
Rico’s Attainment Plan submittal?
CAA 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, 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.
In the case of the Arecibo Area, the EPA
is proposing to approve the August 30,
2016 attainment plan submitted by
Puerto Rico. The EPA’s analysis is
provided below.
a. Pollutants Addressed
Puerto Rico’s lead attainment plan
evaluates lead emissions in the Arecibo
Area within the portion of Arecibo
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Municipality designated nonattainment
for the 2008 Lead NAAQS. There are no
precursors to consider for the lead
attainment plan.
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b. Emissions Inventory Requirements
i. 2011 Base Year Inventory
States are required under section
172(c)(3) of the CAA to develop
comprehensive, accurate and current
inventories of actual emissions from all
sources of the relevant pollutant or
pollutants in the area. These inventories
provide a detailed accounting of all
emissions and emission sources by
precursor or pollutant. In the November
12, 2008, Lead Standard rulemaking, the
EPA finalized the emissions inventory
requirements. The current regulations
are located at 40 CFR 51.117(e), and
include, but are not limited to, the
following emissions inventory
requirements:
• The SIP inventory must be
approved by the EPA as a SIP element
and is subject to public hearing
requirements; and,
• The point source inventory upon
which the summary of the baseline for
lead emissions inventory is based must
contain all sources that emit 0.5 or more
tons of lead per year (tons/yr).
For the base year inventory of actual
emissions, the EPA generally
recommends using either the year 2010
or 2011 as the base year for the
contingency measure calculations, but
does provide flexibility for using other
inventory years if states can show
another year is more appropriate.1 For
Lead SIPs, CAA section 172(c)(3)
requires that all sources of lead
emissions in the nonattainment area be
submitted with the base-year inventory.
Puerto Rico selected calendar year
2011 as the base year. This inventory
included Arecibo, Barceloneta, Ciales,
Florida, Hatillo and Utuado
municipalities. Several facilities located
in these municipalities that may be a
source of lead emissions were
considered in the inventory. These
facilities are: TBRCI, PREPA
Cambalache, Safetech Corporation,
Antonio Nery Juarbe (ANJ) Airport,
Eaton, Abbvie Ltd., Pfizer
Pharmaceuticals LLC, and Merck Sharp
& Dohme. TBRCI was a secondary lead
smelter facility, dedicated to recycling
lead-acid batteries and had potential
lead emissions over 0.5 tons/yr. PREPA
1 See the EPA document titled ‘‘Addendum to the
2008 Lead NAAQS Implementation Questions and
Answers’’ dated August 10, 2012 located at https://
www.epa.gov/lead-air-pollution/lead-stateimplementation-plan-sip-checklist-guide and
https://www.epa.gov/lead-air-pollution/lead-pbnational-ambient-air-quality-standards-naaqsimplementation-guidance.
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Cambalache is an electric power facility.
Safetech Corporation is a nearby source
dedicated to the collection, temporary
storage and disposal by incineration of
commercial and industrial nonhazardous solid waste. The ANJ Airport
is a general aviation airport located near
TBRCI. Eaton is dedicated to power and
transformer manufacturing and Abbvie
Ltd. (formerly Abbott Laboratories),
Merck Sharp and Dohme and Pfizer are
pharmaceuticals processes. Energy
Answers and Sunbeam Synergy, two
new facilities that are permitted but are
not under construction yet, were also
included in the 2016 emissions
inventory. For the 2011 emissions
inventory, actual emissions were used
for facilities with actual reported
emissions and/or activity data. For
facilities with no reported 2011
emissions data, the facility maximum
capacity or permit limits were used to
calculate 2011 emissions in order to
include all possible emissions as part of
the attainment demonstration analysis.
The ANJ Airport lead emissions are
from the EPA Emissions Inventory
System/National Emissions Inventory
(EIS/NEI) System.
According to this inventory, the only
source of lead emissions of 0.5 of tons/
yr, or more, in 2011 is TBRCI which
emitted 1.21 tons of lead per year. All
other facilities were well below the 0.5
tons/yr limit as identified in Table 1.
TBRCI was dedicated to the recycling of
lead batteries for the production of lead
of different specifications. It produced
point source emissions from one furnace
and five kettle burners and fugitive
emissions from material transport and
handling.
The 2011 preliminary air quality
modeling studies, emissions inventory
and ambient air monitoring data
indicate that TBRCI fugitive emissions
are the major contributor to the high
lead concentration in Arecibo and,
therefore, are the focus of the Arecibo
attainment plan, as discussed in Section
IV. In order to comply with the National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for Secondary
Lead Smelting (40 CFR part 63, subpart
X) also known as the Maximum
Available Control Technology (MACT)
standard, TBRCI was required to
implement control measures to lower
the potential fugitive lead emissions in
the main process building and in the
handling operations. The PREQB
Governing Board determined TBRCI was
unable to comply with this regulation,2
and, accordingly, the PREQB withdrew
2 Puerto Rico SIP revision, Appendix G:
Translation of Resolution R–15–6.
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both the construction and operating
permits for the facility.
The design value used for designating
the area as nonattainment was based on
monitoring data from 2010. For the
purposes of calculating the
nonattainment area emissions
inventory, lead emissions data were
taken from the PREQB’s 2011 Emissions
Inventory for the area. The EPA has
determined that the 2011 base year
emissions inventory estimates
submitted are in compliance with CAA
section 172(c)(3), are conservative and
were developed in accordance with the
EPA guidance. Details of the inventory
are provided in the August 30, 2016
submittal. Table 1 identifies the base
year emissions inventory for 2011.
ii. 2016 Attainment/Projection
Inventory
While the PREQB has two source
oriented monitors in Arecibo, there is
no monitor in the area to provide
background concentration. To address
the lead background concentrations in
the attainment modeling study, the EPA
recommends a multi-source American
Meteorological Society/Environmental
Protection Agency Regulatory Model
(AERMOD) be run using the background
lead emissions from nearby facilities,
projected to 2016. The municipalities
analyzed for background lead emissions
were Barceloneta, Ciales, Florida,
Hatillo, and Utuado. Of these
municipalities, Barceloneta is the only
municipality in addition to Arecibo,
which has reported lead emissions.
In accordance with the Lead
Guidance 3 for the Attainment/
Projection Inventory, the maximum
allowable emissions should be included
for the attainment year inventory, which
includes only those sources within the
modeling domain. The EPA modeling
guidance, 40 CFR part 51 Appendix W
provides advice on which sources need
to be included explicitly (i.e., as point
sources) in the modeling and provides
for including the impacts of smaller and
diffuse sources through the use of
background concentrations and other
less specific techniques given the
relatively lower significance of such
sources to the SIP demonstration.
For Puerto Rico, allowable lead
emissions projected to 2016 with
controls or permit limits were used in
the attainment modeling study. For
existing facilities, allowable emissions
with controls or permit limits were used
to develop the inventory. Energy
3 Lead Guideline Document, USEPA, EPA–452/R–
93–009, April 1993, https://www.epa.gov/lead-airpollution/lead-pb-national-ambient-air-qualitystandards-naaqs-implementation-guidance.
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Answers and Sunbeam Synergy are
permitted sources that are not under
construction yet.4 These sources did not
exist in 2011 but were scheduled to start
operation in 2016. Their potential
allowable lead emissions with controls
or permit limits were used for the 2016
projection inventory. The ANJ Airport
lead emissions are from the EPA EIS/
NEI System and were projected to 2016
using the methodology recommended
by the EPA Office of Transportation and
Air Quality (OTAQ). Details of the
inventory are provided in the SIP
submittal. The inventory was developed
in accordance with CAA Section
172(c)(3) and the EPA Lead Guidance.
Table 1 identifies the 2016 attainment/
projection year emissions inventory for
2016.
TABLE 1—ARECIBO LEAD SIP, EMISSION SOURCES IN THE BASELINE EMISSIONS INVENTORY 2011 AND 2016
ATTAINMENT/PROJECTION YEAR EMISSIONS INVENTORY
2016 Lead attainment/
projection year
emissions inventory
(In tons/year)
Industry
Municipality
2011 Lead emissions
(In tons/year)
PREPA Cambalache ..........................
Energy Answers .................................
TBRCI .................................................
Safetech Corporation .........................
Eaton ..................................................
ANJ Airport .........................................
Abbott (Now Abbvie Ltd.) ...................
Pfizer Pharmaceuticals LLC ...............
Merck Sharp & Dohme+ .....................
Sunbeam Synergy ..............................
Arecibo ...............................................
Arecibo ...............................................
Arecibo ...............................................
Arecibo ...............................................
Arecibo ...............................................
Arecibo ...............................................
Barceloneta ........................................
Barceloneta ........................................
Barceloneta ........................................
Barceloneta ........................................
0.11 ....................................................
DID NOT EXIST IN 2011 ...................
1.21 ....................................................
0.009 ..................................................
0.000062 ............................................
0.00364 ..............................................
0.0088 ................................................
0.001 ..................................................
0.00037 ..............................................
DID NOT EXIST IN 2011 ...................
0.28
0.3059
0.01
0.009
0.00075
0.037
0.0161
0.0035
0.018
0.11
Total ............................................
............................................................
1.343 ..................................................
0.79025
c. Attainment Plan Modeling
The Puerto Rico modeling analysis
was prepared using the EPA’s preferred
dispersion modeling system, AERMOD,
consisting of the AERMOD model and
two data input preprocessors AERMET
and AERMAP, consistent with the
EPA’s Modeling Guidance at 40 CFR
part 51 Appendix W and 40 CFR part
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) (https://www.the EPA.gov/ttn/
scram/) and in Puerto Rico’s submittal
for this proposed action (EPA–R02–
OAR–2016–0559) 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.
i. Modeling Approach
The following is an overview of the
air quality modeling approach used to
demonstrate compliance with the 2008
Lead NAAQS, in Puerto Rico’s SIP
submittal.
To develop the appropriate
meteorological data for the area for use
in the attainment demonstration, the
PREQB used AERMOD pre-processors,
AERMET and AERMAP to process site
specific meteorological data collected at
PREPA Cambalache. Data from San Juan
Airport was also used to supplement the
PREPA data in those instances where
meteorological data may have been
missing.
The PREQB used the EPA LEADPOST
processor to calculate the lead threemonth rolling average. To determine the
lead background concentration that
would be representative of the Arecibo
area, the PREQB conducted a multisource modelling analysis 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. This
approach was used 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 developed the 2011 base
year and the 2016 control strategy
emissions inventories for input in the
air quality model to perform current and
control dispersion modeling. The
emissions inventory was used in the
multi-source modeling scenario (see
modeling protocol in SIP submittal
Appendix C and Appendix C–1).
ii. Modeling Results
The Lead NAAQS compliance results
of the AERMOD modeling are
summarized in Table 2 below. As can be
seen in Table 2, the maximum threemonth rolling average predicted impact
with the meteorological data (2006–
2010) is less than the 2008 Lead NAAQS
of 0.15 mg/m3 for the AERMOD
modeling runs. Output from the
LEADPOST processor which details all
of the concentrations can be found in
the August 30, 2016 submittal.
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TABLE 2—SUMMARY RESULTS OF MODELING FOR 2016 ATTAINMENT DEADLINE
Pollutant
Avg. time
Maximum
monthly
predicted
impact
(μg/m3)
Lead ..................................................
3-month rolling .................................
0.11318
Maximum
3-high avg.
predicted
impact
(μg/m3)
NAAQS
(μg/m3)
Impact greater
than NAAQS
0.09352
0.15
No
4 Puerto Rico SIP, Appendix B: 2016 Emissions
Projection Year Inventory, Arecibo Lead SIP.
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The post control scenario used in the
model is heavily influenced by the
operating status of TBRCI. Based on the
post control scenario of TBRCI not
operating, the model predicts an impact
of 0.09352 mg/m3. This data indicates
significant reductions in air quality
impacts with the non-operation closure
of the TBRCI facility resulting in
attainment of the lead NAAQS. 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, 40 CFR part 51, Appendix
W, and the EPA Lead Guidance for lead
attainment demonstration modeling.
d. RACM/RACT Requirements
CAA section 172(c)(1) requires that
each attainment plan provide for the
implementation of all RACM for
stationary sources as expeditiously as
practicable for attainment of the
NAAQS. The EPA interprets RACM,
including RACT, under CAA section
172, as measures that a State determines
to be both reasonably available and to
contribute to attainment as
expeditiously as practicable in the
nonattainment area. A comprehensive
discussion of the RACM/RACT
requirement for lead attainment plans
can be found in the EPA guidance
(footnote 3).
TBRCI was the only source of lead
emissions of 0.5 tpy or more. TBRCI was
the primary source of lead emissions in
the Arecibo area contributing to
monitored nonattainment. Therefore,
the RACT/RACM requirements would
focus primarily on TBRCI. However, on
June 12, 2014, TBRCI notified the
PREQB that it would ‘‘temporarily cease
operations’’. As discussed in Section
IV.b.1 above, on August 19, 2015, the
PREQB withdrew both the Construction
Permit and Title V Operation Permit for
TBRCI because the facility was unable
to comply with Puerto Rico Rule
203(b)(1) and Puerto Rico Rule 604(b) as
well as CAA Section 112 (See footnote
3). Since the PREQB withdrew TBRCI
permits, TBRCI is no longer operating.
Since TBRCI is no longer operating,
there are no further RACT or RACM
necessary for the area to attain the lead
NAAQS as expeditiously as practicable
or by the December 2016 attainment
date. The EPA notes that TBRCI has no
permits to operate as a secondary lead
smelter facility. Should TBRCI or any
other entity decide to start up business
as a secondary lead smelter facility in
the Arecibo area, the company will need
to obtain the appropriate permits to
operate in accordance with all
applicable laws and regulations of the
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Commonwealth of Puerto Rico and the
EPA, including the Commonwealth of
Puerto Rico Regulations for the Control
of the Atmospheric Pollution (RCAP),
the Puerto Rico Environmental Public
Policy Act, Act 416–2004 as amended
(PREPPA Act 416) and CAA Section 112
MACT requirements. These laws and
regulations ensure that any new source
of lead emissions, or any emission, will
not interfere with attainment of the
NAAQS.
With respect to fugitive emissions and
for all emission sources, the Puerto Rico
SIP already includes control measures
located in RCAP Rule 404 (also
referenced in the August 30, 2016
submittal).5
• RCAP Rule 404: Where no person
shall cause or permit any materials to be
handled, transported, or stored in a
building, its appurtenances, or a road to
be used, constructed altered, repaired,
or demolished, without taking
reasonable precautions to prevent
particulate matter (including particulate
matter containing lead) from becoming
airborne including but not limited to:
• Rule 404(A)(1): The use, as much as
possible, of water or suitable chemicals
for chemical stabilization and the
control of dust in the demolition of a
building or structures, construction
operations, quarrying operations, the
grading of roads, or the clearing of land;
• Rule 404(A)(4): The covering, at all
times when in motion, of open bodied
trucks transporting materials likely to
give rise to airborne dusts;
• Rule 404(A)(3): The installation and
use of hoods, fans, and fabric filters to
enclose and vent dusty materials to
control harmless fugitive emissions.
Adequate containment methods shall
also be employed during sandblasting or
other similar operations;
• Rule 404(A)(6): The paving of road
ways and their maintenance in a clean
condition;
• Rule 404(B): Where no person shall
cause or permit the discharge of visible
emissions of fugitive dust beyond the
boundary line of the property on which
the emissions originate;
• Rule 404(C): Where air pollutant
escape from a building or equipment
and cause a nuisance or violate any
regulations, the Board may order that
the building or equipment in which
processing, handling, and storage are
done, be tightly closed and/or ventilated
so that all emissions from the building
or equipment are controlled to remove
or destroy such air pollutants before
being discharged to the open air; and,
5 62 FR 3213 (Jan. 22, 1997) (approval of RCAP
404 into SIP); 40 CFR 52.2723.
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78101
• Rule 404(E): Where any new or
modified source, the construction of
which causes or may cause fugitive
emissions, shall apply for a permit as
required in Rule 203.
e. RFP Requirements
Section 172(c)(2) of the CAA requires
that an attainment plan includes a
demonstration that shows reasonable
further progress to meeting air quality
standards. The term ‘‘reasonable further
progress’’ is defined in CAA section 171
to mean ‘‘such annual incremental
reductions in the emissions of the
relevant air pollutant as are required
. . . for purpose of ensuring attainment
of the applicable national ambient air
quality standard by the applicable
date.’’ In accordance with CAA section
172(c)(1), the RFP requires
implementation of all RACM/RACT as
‘‘expeditiously as practicable.’’
Historically, for some pollutants, RFP
has been met by showing annual
incremental emission reductions
generally sufficient to maintain linear
progress toward attainment by the
applicable attainment date. As stated in
the final Lead Rule (73 FR 67039), the
EPA concluded that it was appropriate
that RFP requirements be satisfied by
the strict adherence to an ambitious
compliance schedule, which is expected
to periodically yield significant
emission reductions. For lead
nonattainment areas, RFP is to be
achieved by implementing an emission
reduction compliance schedule for
stationary sources outlined in the SIP.
The stationary source of concern in the
Arecibo area is TBRCI. As discussed in
Section V.d, TBRCI is no longer
operating. Therefore the EPA proposes
to find that RFP has been achieved in
the Arecibo area because the emission
reduction compliance schedule for the
one stationary source in question,
TBRCI, has been achieved by no longer
operating.
f. Contingency Measures
Section 172(c)(9) of CAA requires that
SIPs include specific contingency
measures to be undertaken if the area
fails to make reasonable further progress
or to attain the 2008 lead NAAQS by the
attainment date which is December 31,
2016, for Arecibo, Puerto Rico.
Upon determination by the EPA that
the area has failed to achieve or
maintain RFP, or attain the lead NAAQS
by the statutory attainment date, these
contingency measures will take effect
without further action by the State or
the Administrator. The amount of
reductions yielded by implementation
of contingency measures should be
quantified and, for a five-year plan, the
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measures should reduce emissions by
20 percent of the total amount needed
for attainment. Under certain
circumstances, this amount may be
derived by reference to reductions in
ambient air concentrations (2008 lead
NAAQS Implementation Q&A, July 8,
2011, EPA).
The PREQB asserts that a
comprehensive evaluation of all known
lead emissions sources has already been
accomplished and that RACT (or
greater) levels of controls have been
addressed, as discussed in the control
measures section of the August 30, 2016
submittal. Contingency measures are
intended to address any lead emissions
that would cause any future
exceedances of the lead NAAQS. The
PREPPA Act 416, Title II, Section
9(A)(7) provides PREQB with the
authority to order persons causing or
contributing to a condition which harms
the environment and natural resources
or which poses an imminent danger for
the public health and safety, to
immediately diminish or discontinue
their actions. Also, PREPPA Act 416,
Title II, Section 9(A)(8) provides the
authority to issue orders to do or forbear
or to cease and desist so as to take the
preventive or control measures that, in
its judgment, are necessary to achieve
the purposes of this Act and the
regulations promulgated thereunder.
As discussed above, RCAP Rule 404,
which is approved into the SIP, contains
specific provisions to control fugitive
emissions at any facility in Puerto Rico
are intended to satisfy the CAA
172(c)(9) contingency measure
requirements.
In addition to the contingency
measures in the Lead SIP, the PREQB
included actions it will take to better
characterize the source of any
exceedance:
• If during any three-month rolling
period, if two samples at the same
monitor in the Arecibo Nonattainment
Area are reported to exceed 0.15 mg/m3,
along with the activities above, the
PREQB will increase the sampling
frequency at that monitor to once every
three days;
• In addition, if during any threemonth rolling period, if three samples at
the same monitor in the Arecibo
Nonattainment Area are reported to
exceed 0.15 mg/m3, along with the
activities above, the PREQB will
conduct daily sampling at that monitor
for a period of 30 days.
The EPA has determined that the
PREQB’s SIP addresses the requirement
for contingency measures pursuant to
CAA 172(c)(9) and therefore EPA
proposes to approve these contingency
measures.
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13:12 Nov 04, 2016
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g. Attainment Date
Puerto Rico provided a modeling
demonstration to attain the level of the
2008 Lead NAAQS for the Arecibo Area
by no later than five years after the Area
was designated nonattainment. The
modeling indicates that the Arecibo
Area will have attaining data for the
2008 Lead NAAQS by December 31,
2016. On June 12, 2014, TBRCI notified
the PREQB that it would ‘‘temporarily
cease operations’’. As discussed in
Section IV.b.1 above, on August 19,
2015, the PREQB withdrew both the
Construction Permit and the Title V
Operating Permit for TBRCI because the
facility was unable to comply with
subject regulations of Puerto Rico RCAP
Rules 203(b)(1) and 604(b) as well as the
CAA Section 112 (see footnote 3). The
EPA notes that since September 2015,
the data from the source oriented
Arecibo air monitoring site has been
below the three-month rolling average
for the Lead NAAQS. In addition, the
modeling demonstrates compliance
with the Lead NAAQS. Consequently,
the EPA proposes that the PREQB has
provided an attainment demonstration
SIP that shows how the Arecibo area
will meet the Lead NAAQS.
V. What are the EPA’s conclusions?
The EPA is proposing to approve into
the SIP Puerto Rico’s lead attainment
plan for the Arecibo Area. Specifically,
the EPA is proposing to approve Puerto
Rico’s August 30, 2016 submittal, which
includes the attainment demonstration,
base year emissions inventory,
modelling, and contingency measures
and addresses RACM/RACT and the
RFP plan. Permits for the lead smelter,
TBRCI, documented as the source of
high lead emissions, have been
withdrawn and it is not operating at this
time. Accordingly, RACM, RACT and
RFP analyses have been met. The
requirement for RACM/RACT and RFP
plan is satisfied because the
Commonwealth of Puerto Rico
demonstrated that the Area will attain
the 2008 Lead NAAQS as expeditiously
as practicable, and could not implement
any additional measures to attain the
NAAQS any sooner.
The EPA notes that since September
2015, the data from the source oriented
Arecibo air monitoring site has been
below the three-month rolling average
for the Lead NAAQS.
The EPA’s review of the materials
submitted indicates that Puerto Rico has
developed the Lead attainment plan in
accordance with the requirements of the
CAA, 40 CFR part 51 and the EPA’s
technical requirements for a Lead SIP.
Therefore, the EPA is proposing to
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Fmt 4702
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approve into the SIP the Lead
attainment plan for Arecibo, Puerto
Rico.
VI. 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, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve 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 the 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 rulemaking
action does not have tribal implications
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000),
because the SIP is not approved to apply
in Indian country located in the state,
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and the 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, Intergovernmental relations,
Lead, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 27, 2016.
Judith Enck,
Regional Administrator, Region 2.
[FR Doc. 2016–26729 Filed 11–4–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2016–0087]
RIN 2127–AK92
Federal Motor Carrier Safety
Administration
49 CFR Part 393
[Docket No. FMCSA–2014–0083]
RIN 2126–AB63
Federal Motor Vehicle Safety
Standards; Federal Motor Carrier
Safety Regulations; Parts and
Accessories Necessary for Safe
Operation; Speed Limiting Devices
National Highway Traffic
Safety Administration (NHTSA) and
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation.
ACTION: Extension of comment period.
AGENCY:
NHTSA and FMCSA have
received requests to extend the
comment period for their proposal that
would require vehicles with a gross
vehicle weight rating of more than
11,793.4 kilograms (26,000 pounds) to
be equipped with a speed limiting
device and that such device be
maintained for the service life of the
vehicle. In the proposal, NHTSA and
FMCSA established a deadline for the
submission of written comments of
November 7, 2016. The Agencies have
also received a letter opposing any
extension of the comment period. To
ensure that all interested parties have a
sufficient amount of time to fully
develop their comments, the Agencies
are extending the deadline for the
ehiers on DSK5VPTVN1PROD with PROPOSALS
SUMMARY:
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submission of written comments on the
proposal, including comments on the
Preliminary Regulatory Impact Analysis
and Initial Regulatory Flexibility
Analysis and Draft Environmental
Assessment accompanying the proposal,
by 30 days.
DATES: Written comments must be
received by December 7, 2016.
ADDRESSES: You may submit comments,
identified by one or both of the docket
numbers in the heading of this
document, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility,
M–30, U.S. Department of
Transportation, West Building, Ground
Floor, Rm. W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE., between
9 a.m. and 5 p.m. Eastern Time, Monday
through Friday, except Federal holidays.
• Fax: (202) 493–2251.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the discussion under the Public
Participation heading of the September
7, 2016 notice of proposed rulemaking
(81 FR 61942). Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT:
NHTSA: For technical issues, you
may contact Mr. Wayne McKenzie,
Office of Crash Avoidance Standards,
Telephone: (202) 366–4000. Facsimile:
(202) 366–7002. For legal issues, you
may contact Mr. David Jasinski, Office
of Chief Counsel, Telephone (202) 366–
2992. Facsimile: (202) 366–3820. You
may send mail to these officials at: The
National Highway Traffic Safety
Administration, Attention: NVS–010,
1200 New Jersey Avenue SE.,
Washington, DC 20590.
FMCSA: For technical issues, you may
contact Mr. Michael Huntley, Vehicle
and Roadside Operations, Telephone
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78103
(202) 366–5370. Facsimile: (202) 366–
8842. For legal issues, you may contact
Mr. Charles Medalen, Office of Chief
Counsel, Telephone (202) 366–1354.
Facsimile: (202) 366–3602. You may
send mail to these officials at: The
Federal Motor Carrier Safety
Administration, Attention: MC–PSV,
1200 New Jersey Avenue SE.,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION: On
September 7, 2016, NHTSA and FMCSA
published a notice of proposed
rulemaking (NPRM) proposing
regulations that would require vehicles
with a gross vehicle weight rating of
more than 11,793.4 kilograms (26,000
pounds) to be equipped with a speed
limiting device initially set to a speed
no greater than a speed to be specified
in a final rule and would require motor
carriers operating such vehicles in
interstate commerce to maintain
functional speed limiting devices set to
a speed no greater than a speed to be
specified in the final rule for the service
life of the vehicle.
The American Trucking Associations
(ATA) (with the support of the
Commercial Vehicle Safety Alliance),
the EMA Truck & Engine Manufacturers
Association (EMA) and the Owner
Operator Independent Drivers
Association (OOIDA) have requested
that NHTSA and FMCSA extend the
public comment period beyond the
November 7, 2016 date specified in the
NPRM. The ATA and EMA requested a
30-day extension. In support of its
request, ATA states that the proposal
differs significantly from its initial
petition for rulemaking in a number of
areas, and additional time is needed to
confer with its membership on these
issues. EMA states that at least 30
additional days is needed to more
thoroughly analyze the issues in order
to develop detailed and complete
comments.
The OOIDA requested a 60-day
extension of the comment period. In
support of its request, OOIDA states that
it will take a considerable amount of
time and resources to develop
meaningful comments from its
members, many of which are on the
road and away from home upwards of
250 days a year.
NHTSA and FMCSA have also
received a letter signed by a number of
safety advocacy groups and individuals
opposing any extension of the comment
period. The letter states that in the 10
years since the petitions for rulemaking
were initially filed, truck crashes and
fatalities have increased at rates faster
than overall crashes and fatalities, and
that additional time for comment is not
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]]>Agencies
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Proposed Rules]
[Pages 78097-78103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26729]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2016-0559; FRL-9954-97-Region 2]
Approval of Air Quality Implementation Plans; Puerto Rico;
Attainment Demonstration for the Arecibo Lead Nonattainment Area
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency is proposing to approve a
State Implementation Plan dated August 30, 2016, submitted by the
Commonwealth of Puerto Rico to the EPA, for the purpose of providing
for attainment of the 2008 Lead National Ambient Air Quality Standards
in the Arecibo Lead nonattainment area. The Arecibo nonattainment Area
is comprised of a portion of Arecibo Municipality in Puerto Rico with a
4 kilometer radius surrounding The Battery Recycling Company, Inc.
Puerto Rico initially submitted a lead SIP revision for the Arecibo
area on January 30, 2015. The EPA proposed to disapprove the January
30, 2015 submittal on February 29, 2016. The PREQB rescinded the
January 30, 2015 submittal and replaced it with the August 30, 2016
lead SIP submittal for the Arecibo area.
DATES: Comments must be received on or before December 7, 2016.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R02-OAR-2016-0559 at https://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
[[Page 78098]]
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 https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Mazeeda Khan, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, New York, New York
10007-1866, (212) 637-3715, or by email at khan.mazeeda@epa.gov.
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 SIP submittal?
IV. What is the EPA's analysis of Puerto Rico's attainment plan
submittal?
a. Pollutants Addressed
b. Emissions Inventory Requirements
i. 2011 Emissions Inventory
ii. 2016 Emissions Inventory
c. Attainment Plan Modeling
i. Modeling Approach
ii. Modeling Results
d. RACM/RACT Requirements
e. RFP Requirements
f. Contingency Measures
g. Attainment Date
V. What are the EPA's conclusions?
VI. Statutory and Executive Order Reviews
I. What action is the EPA proposing?
The Environmental Protection Agency (EPA) is proposing to approve
Puerto Rico's State Implementation Plan (SIP) dated August 30, 2016, as
submitted by the Puerto Rico Environmental Quality Board (PREQB) to the
EPA, for the purpose of demonstrating attainment of the 2008 Lead
National Ambient Air Quality Standards (NAAQS) in the Arecibo Lead
nonattainment area (Arecibo Area or Area). The Arecibo Area is
comprised of a portion of Arecibo Municipality in Puerto Rico with a 4
kilometer radius surrounding The Battery Recycling Company, Inc.
(TBRCI). Puerto Rico's lead attainment plan for the Arecibo Area
includes a base year emissions inventory, a modeling demonstration of
lead attainment, contingency measures and narrative on control measures
that included reasonably available control measures (RACM)/reasonably
available control technology (RACT), and reasonable further progress
(RFP).
The EPA proposes to determine that Puerto Rico's attainment plan
for the 2008 Lead NAAQS for the Arecibo Area meets the applicable
requirements of the Clean Air Act (CAA). The EPA is proposing to
approve Puerto Rico's attainment plan for the Arecibo Area. The EPA's
analysis for this proposed action is 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 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. On November
22, 2011 (76 FR 72097), designations for the 2008 Lead NAAQS for all
remaining areas were completed, which became effective on December 31,
2011, based on air quality monitoring data for calendar years 2008-
2010. Effective December 31, 2011, the Arecibo Area was designated as
nonattainment for the 2008 Lead NAAQS, based on air quality monitoring
data from April 2010 to June 2010 using a three-month rolling average
design value. This designation triggered a requirement for Puerto Rico
to submit a SIP revision by June 30, 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.
The PREQB initially submitted a lead SIP revision for the Arecibo
area on January 30, 2015. The EPA proposed to disapprove the January
30, 2015 submittal on February 29, 2016 (81 FR 10159). One comment was
received from the Chairman of the PREQB, Weldin Ortiz Franco. The PREQB
rescinded the January 30, 2015 submittal and replaced it with the
August 30, 2016 lead SIP submittal for the Arecibo area. Accordingly,
the EPA is proposing to act on the August 30, 2016 submittal. Today's
proposal represents EPA's only action on Puerto Rico lead SIP. The
revised SIP submittal included the base year emissions inventory and
the attainment demonstration. The EPA's analysis of the submitted
attainment plan includes a review of the pollutant addressed, emissions
inventory requirements, modeling demonstration of lead attainment,
contingency measures and narrative on control measures that included
reasonably available control measures (RACM)/reasonably available
control technology (RACT), and reasonable further progress (RFP) for
the Arecibo Area.
III. What is included in Puerto Rico's proposed SIP submittal?
In accordance with CAA section 172(c) and 40 Code of Federal
Regulations (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
the TBRCI facility that attains the level of the Lead NAAQS by the
attainment year (2016); and, contingency measures required under CAA
section 172(c)(9).
IV. What is the EPA's analysis of Puerto Rico's Attainment Plan
submittal?
CAA 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,
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. In the case of the
Arecibo Area, the EPA is proposing to approve the August 30, 2016
attainment plan submitted by Puerto Rico. The EPA's analysis is
provided below.
a. Pollutants Addressed
Puerto Rico's lead attainment plan evaluates lead emissions in the
Arecibo Area within the portion of Arecibo
[[Page 78099]]
Municipality designated nonattainment for the 2008 Lead NAAQS. There
are no precursors to consider for the lead attainment plan.
b. Emissions Inventory Requirements
i. 2011 Base Year Inventory
States are required under section 172(c)(3) of the CAA to develop
comprehensive, accurate and current inventories of actual emissions
from all sources of the relevant pollutant or pollutants in the area.
These inventories provide a detailed accounting of all emissions and
emission sources by precursor or pollutant. In the November 12, 2008,
Lead Standard rulemaking, the EPA finalized the emissions inventory
requirements. The current regulations are located at 40 CFR 51.117(e),
and include, but are not limited to, the following emissions inventory
requirements:
The SIP inventory must be approved by the EPA as a SIP
element and is subject to public hearing requirements; and,
The point source inventory upon which the summary of the
baseline for lead emissions inventory is based must contain all sources
that emit 0.5 or more tons of lead per year (tons/yr).
For the base year inventory of actual emissions, the EPA generally
recommends using either the year 2010 or 2011 as the base year for the
contingency measure calculations, but does provide flexibility for
using other inventory years if states can show another year is more
appropriate.\1\ For Lead SIPs, CAA section 172(c)(3) requires that all
sources of lead emissions in the nonattainment area be submitted with
the base-year inventory.
---------------------------------------------------------------------------
\1\ See the EPA document titled ``Addendum to the 2008 Lead
NAAQS Implementation Questions and Answers'' dated August 10, 2012
located at https://www.epa.gov/lead-air-pollution/lead-state-implementation-plan-sip-checklist-guide and https://www.epa.gov/lead-air-pollution/lead-pb-national-ambient-air-quality-standards-naaqs-implementation-guidance.
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Puerto Rico selected calendar year 2011 as the base year. This
inventory included Arecibo, Barceloneta, Ciales, Florida, Hatillo and
Utuado municipalities. Several facilities located in these
municipalities that may be a source of lead emissions were considered
in the inventory. These facilities are: TBRCI, PREPA Cambalache,
Safetech Corporation, Antonio Nery Juarbe (ANJ) Airport, Eaton, Abbvie
Ltd., Pfizer Pharmaceuticals LLC, and Merck Sharp & Dohme. TBRCI was a
secondary lead smelter facility, dedicated to recycling lead-acid
batteries and had potential lead emissions over 0.5 tons/yr. PREPA
Cambalache is an electric power facility. Safetech Corporation is a
nearby source dedicated to the collection, temporary storage and
disposal by incineration of commercial and industrial non-hazardous
solid waste. The ANJ Airport is a general aviation airport located near
TBRCI. Eaton is dedicated to power and transformer manufacturing and
Abbvie Ltd. (formerly Abbott Laboratories), Merck Sharp and Dohme and
Pfizer are pharmaceuticals processes. Energy Answers and Sunbeam
Synergy, two new facilities that are permitted but are not under
construction yet, were also included in the 2016 emissions inventory.
For the 2011 emissions inventory, actual emissions were used for
facilities with actual reported emissions and/or activity data. For
facilities with no reported 2011 emissions data, the facility maximum
capacity or permit limits were used to calculate 2011 emissions in
order to include all possible emissions as part of the attainment
demonstration analysis. The ANJ Airport lead emissions are from the EPA
Emissions Inventory System/National Emissions Inventory (EIS/NEI)
System.
According to this inventory, the only source of lead emissions of
0.5 of tons/yr, or more, in 2011 is TBRCI which emitted 1.21 tons of
lead per year. All other facilities were well below the 0.5 tons/yr
limit as identified in Table 1. TBRCI was dedicated to the recycling of
lead batteries for the production of lead of different specifications.
It produced point source emissions from one furnace and five kettle
burners and fugitive emissions from material transport and handling.
The 2011 preliminary air quality modeling studies, emissions
inventory and ambient air monitoring data indicate that TBRCI fugitive
emissions are the major contributor to the high lead concentration in
Arecibo and, therefore, are the focus of the Arecibo attainment plan,
as discussed in Section IV. In order to comply with the National
Emission Standards for Hazardous Air Pollutants (NESHAP) for Secondary
Lead Smelting (40 CFR part 63, subpart X) also known as the Maximum
Available Control Technology (MACT) standard, TBRCI was required to
implement control measures to lower the potential fugitive lead
emissions in the main process building and in the handling operations.
The PREQB Governing Board determined TBRCI was unable to comply with
this regulation,\2\ and, accordingly, the PREQB withdrew both the
construction and operating permits for the facility.
---------------------------------------------------------------------------
\2\ Puerto Rico SIP revision, Appendix G: Translation of
Resolution R-15-6.
---------------------------------------------------------------------------
The design value used for designating the area as nonattainment was
based on monitoring data from 2010. For the purposes of calculating the
nonattainment area emissions inventory, lead emissions data were taken
from the PREQB's 2011 Emissions Inventory for the area. The EPA has
determined that the 2011 base year emissions inventory estimates
submitted are in compliance with CAA section 172(c)(3), are
conservative and were developed in accordance with the EPA guidance.
Details of the inventory are provided in the August 30, 2016 submittal.
Table 1 identifies the base year emissions inventory for 2011.
ii. 2016 Attainment/Projection Inventory
While the PREQB has two source oriented monitors in Arecibo, there
is no monitor in the area to provide background concentration. To
address the lead background concentrations in the attainment modeling
study, the EPA recommends a multi-source American Meteorological
Society/Environmental Protection Agency Regulatory Model (AERMOD) be
run using the background lead emissions from nearby facilities,
projected to 2016. The municipalities analyzed for background lead
emissions were Barceloneta, Ciales, Florida, Hatillo, and Utuado. Of
these municipalities, Barceloneta is the only municipality in addition
to Arecibo, which has reported lead emissions.
In accordance with the Lead Guidance \3\ for the Attainment/
Projection Inventory, the maximum allowable emissions should be
included for the attainment year inventory, which includes only those
sources within the modeling domain. The EPA modeling guidance, 40 CFR
part 51 Appendix W provides advice on which sources need to be included
explicitly (i.e., as point sources) in the modeling and provides for
including the impacts of smaller and diffuse sources through the use of
background concentrations and other less specific techniques given the
relatively lower significance of such sources to the SIP demonstration.
---------------------------------------------------------------------------
\3\ Lead Guideline Document, USEPA, EPA-452/R-93-009, April
1993, https://www.epa.gov/lead-air-pollution/lead-pb-national-ambient-air-quality-standards-naaqs-implementation-guidance.
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For Puerto Rico, allowable lead emissions projected to 2016 with
controls or permit limits were used in the attainment modeling study.
For existing facilities, allowable emissions with controls or permit
limits were used to develop the inventory. Energy
[[Page 78100]]
Answers and Sunbeam Synergy are permitted sources that are not under
construction yet.\4\ These sources did not exist in 2011 but were
scheduled to start operation in 2016. Their potential allowable lead
emissions with controls or permit limits were used for the 2016
projection inventory. The ANJ Airport lead emissions are from the EPA
EIS/NEI System and were projected to 2016 using the methodology
recommended by the EPA Office of Transportation and Air Quality (OTAQ).
Details of the inventory are provided in the SIP submittal. The
inventory was developed in accordance with CAA Section 172(c)(3) and
the EPA Lead Guidance. Table 1 identifies the 2016 attainment/
projection year emissions inventory for 2016.
---------------------------------------------------------------------------
\4\ Puerto Rico SIP, Appendix B: 2016 Emissions Projection Year
Inventory, Arecibo Lead SIP.
Table 1--Arecibo Lead SIP, Emission Sources in the Baseline Emissions Inventory 2011 and 2016 Attainment/
Projection Year Emissions Inventory
----------------------------------------------------------------------------------------------------------------
2016 Lead attainment/
2011 Lead emissions (In projection year
Industry Municipality tons/year) emissions inventory (In
tons/year)
----------------------------------------------------------------------------------------------------------------
PREPA Cambalache..................... Arecibo................ 0.11................... 0.28
Energy Answers....................... Arecibo................ DID NOT EXIST IN 2011.. 0.3059
TBRCI................................ Arecibo................ 1.21................... 0.01
Safetech Corporation................. Arecibo................ 0.009.................. 0.009
Eaton................................ Arecibo................ 0.000062............... 0.00075
ANJ Airport.......................... Arecibo................ 0.00364................ 0.037
Abbott (Now Abbvie Ltd.)............. Barceloneta............ 0.0088................. 0.0161
Pfizer Pharmaceuticals LLC........... Barceloneta............ 0.001.................. 0.0035
Merck Sharp & Dohme+................. Barceloneta............ 0.00037................ 0.018
Sunbeam Synergy...................... Barceloneta............ DID NOT EXIST IN 2011.. 0.11
-------------------------------------------------
Total............................ ....................... 1.343.................. 0.79025
----------------------------------------------------------------------------------------------------------------
c. Attainment Plan Modeling
The Puerto Rico modeling analysis was prepared using the EPA's
preferred dispersion modeling system, AERMOD, consisting of the AERMOD
model and two data input preprocessors AERMET and AERMAP, consistent
with the EPA's Modeling Guidance at 40 CFR part 51 Appendix W and 40
CFR part 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) (https://www.the EPA.gov/ttn/scram/) and in Puerto
Rico's submittal for this proposed action (EPA-R02-OAR-2016-0559) 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.
i. Modeling Approach
The following is an overview of the air quality modeling approach
used to demonstrate compliance with the 2008 Lead NAAQS, in Puerto
Rico's SIP submittal.
To develop the appropriate meteorological data for the area for use
in the attainment demonstration, the PREQB used AERMOD pre-processors,
AERMET and AERMAP to process site specific meteorological data
collected at PREPA Cambalache. Data from San Juan Airport was also used
to supplement the PREPA data in those instances where meteorological
data may have been missing.
The PREQB used the EPA LEADPOST processor to calculate the lead
three-month rolling average. To determine the lead background
concentration that would be representative of the Arecibo area, the
PREQB conducted a multi-source modelling analysis 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. This approach was used 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 developed the 2011 base year and the 2016 control
strategy emissions inventories for input in the air quality model to
perform current and control dispersion modeling. The emissions
inventory was used in the multi-source modeling scenario (see modeling
protocol in SIP submittal Appendix C and Appendix C-1).
ii. Modeling Results
The Lead NAAQS compliance results of the AERMOD modeling are
summarized in Table 2 below. As can be seen in Table 2, the maximum
three-month rolling average predicted impact with the meteorological
data (2006-2010) is less than the 2008 Lead NAAQS of 0.15 [mu]g/m\3\
for the AERMOD modeling runs. Output from the LEADPOST processor which
details all of the concentrations can be found in the August 30, 2016
submittal.
Table 2--Summary Results of Modeling for 2016 Attainment Deadline
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum monthly Maximum 3-high
predicted avg. predicted NAAQS ([mu]g/ Impact greater
Pollutant Avg. time impact ([mu]g/ impact ([mu]g/ m\3\) than NAAQS
m\3\) m\3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lead............................................ 3-month rolling................... 0.11318 0.09352 0.15 No
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 78101]]
The post control scenario used in the model is heavily influenced
by the operating status of TBRCI. Based on the post control scenario of
TBRCI not operating, the model predicts an impact of 0.09352 [mu]g/
m\3\. This data indicates significant reductions in air quality impacts
with the non-operation closure of the TBRCI facility resulting in
attainment of the lead NAAQS. 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, 40 CFR part 51, Appendix W, and the EPA Lead Guidance
for lead attainment demonstration modeling.
d. RACM/RACT Requirements
CAA section 172(c)(1) requires that each attainment plan provide
for the implementation of all RACM for stationary sources as
expeditiously as practicable for attainment of the NAAQS. The EPA
interprets RACM, including RACT, under CAA section 172, as measures
that a State determines to be both reasonably available and to
contribute to attainment as expeditiously as practicable in the
nonattainment area. A comprehensive discussion of the RACM/RACT
requirement for lead attainment plans can be found in the EPA guidance
(footnote 3).
TBRCI was the only source of lead emissions of 0.5 tpy or more.
TBRCI was the primary source of lead emissions in the Arecibo area
contributing to monitored nonattainment. Therefore, the RACT/RACM
requirements would focus primarily on TBRCI. However, on June 12, 2014,
TBRCI notified the PREQB that it would ``temporarily cease
operations''. As discussed in Section IV.b.1 above, on August 19, 2015,
the PREQB withdrew both the Construction Permit and Title V Operation
Permit for TBRCI because the facility was unable to comply with Puerto
Rico Rule 203(b)(1) and Puerto Rico Rule 604(b) as well as CAA Section
112 (See footnote 3). Since the PREQB withdrew TBRCI permits, TBRCI is
no longer operating. Since TBRCI is no longer operating, there are no
further RACT or RACM necessary for the area to attain the lead NAAQS as
expeditiously as practicable or by the December 2016 attainment date.
The EPA notes that TBRCI has no permits to operate as a secondary lead
smelter facility. Should TBRCI or any other entity decide to start up
business as a secondary lead smelter facility in the Arecibo area, the
company will need to obtain the appropriate permits to operate in
accordance with all applicable laws and regulations of the Commonwealth
of Puerto Rico and the EPA, including the Commonwealth of Puerto Rico
Regulations for the Control of the Atmospheric Pollution (RCAP), the
Puerto Rico Environmental Public Policy Act, Act 416-2004 as amended
(PREPPA Act 416) and CAA Section 112 MACT requirements. These laws and
regulations ensure that any new source of lead emissions, or any
emission, will not interfere with attainment of the NAAQS.
With respect to fugitive emissions and for all emission sources,
the Puerto Rico SIP already includes control measures located in RCAP
Rule 404 (also referenced in the August 30, 2016 submittal).\5\
---------------------------------------------------------------------------
\5\ 62 FR 3213 (Jan. 22, 1997) (approval of RCAP 404 into SIP);
40 CFR 52.2723.
---------------------------------------------------------------------------
RCAP Rule 404: Where no person shall cause or permit any
materials to be handled, transported, or stored in a building, its
appurtenances, or a road to be used, constructed altered, repaired, or
demolished, without taking reasonable precautions to prevent
particulate matter (including particulate matter containing lead) from
becoming airborne including but not limited to:
Rule 404(A)(1): The use, as much as possible, of water or
suitable chemicals for chemical stabilization and the control of dust
in the demolition of a building or structures, construction operations,
quarrying operations, the grading of roads, or the clearing of land;
Rule 404(A)(4): The covering, at all times when in motion,
of open bodied trucks transporting materials likely to give rise to
airborne dusts;
Rule 404(A)(3): The installation and use of hoods, fans,
and fabric filters to enclose and vent dusty materials to control
harmless fugitive emissions. Adequate containment methods shall also be
employed during sandblasting or other similar operations;
Rule 404(A)(6): The paving of road ways and their
maintenance in a clean condition;
Rule 404(B): Where no person shall cause or permit the
discharge of visible emissions of fugitive dust beyond the boundary
line of the property on which the emissions originate;
Rule 404(C): Where air pollutant escape from a building or
equipment and cause a nuisance or violate any regulations, the Board
may order that the building or equipment in which processing, handling,
and storage are done, be tightly closed and/or ventilated so that all
emissions from the building or equipment are controlled to remove or
destroy such air pollutants before being discharged to the open air;
and,
Rule 404(E): Where any new or modified source, the
construction of which causes or may cause fugitive emissions, shall
apply for a permit as required in Rule 203.
e. RFP Requirements
Section 172(c)(2) of the CAA requires that an attainment plan
includes a demonstration that shows reasonable further progress to
meeting air quality standards. The term ``reasonable further progress''
is defined in CAA section 171 to mean ``such annual incremental
reductions in the emissions of the relevant air pollutant as are
required . . . for purpose of ensuring attainment of the applicable
national ambient air quality standard by the applicable date.'' In
accordance with CAA section 172(c)(1), the RFP requires implementation
of all RACM/RACT as ``expeditiously as practicable.''
Historically, for some pollutants, RFP has been met by showing
annual incremental emission reductions generally sufficient to maintain
linear progress toward attainment by the applicable attainment date. As
stated in the final Lead Rule (73 FR 67039), the EPA concluded that it
was appropriate that RFP requirements be satisfied by the strict
adherence to an ambitious compliance schedule, which is expected to
periodically yield significant emission reductions. For lead
nonattainment areas, RFP is to be achieved by implementing an emission
reduction compliance schedule for stationary sources outlined in the
SIP. The stationary source of concern in the Arecibo area is TBRCI. As
discussed in Section V.d, TBRCI is no longer operating. Therefore the
EPA proposes to find that RFP has been achieved in the Arecibo area
because the emission reduction compliance schedule for the one
stationary source in question, TBRCI, has been achieved by no longer
operating.
f. Contingency Measures
Section 172(c)(9) of CAA requires that SIPs include specific
contingency measures to be undertaken if the area fails to make
reasonable further progress or to attain the 2008 lead NAAQS by the
attainment date which is December 31, 2016, for Arecibo, Puerto Rico.
Upon determination by the EPA that the area has failed to achieve
or maintain RFP, or attain the lead NAAQS by the statutory attainment
date, these contingency measures will take effect without further
action by the State or the Administrator. The amount of reductions
yielded by implementation of contingency measures should be quantified
and, for a five-year plan, the
[[Page 78102]]
measures should reduce emissions by 20 percent of the total amount
needed for attainment. Under certain circumstances, this amount may be
derived by reference to reductions in ambient air concentrations (2008
lead NAAQS Implementation Q&A, July 8, 2011, EPA).
The PREQB asserts that a comprehensive evaluation of all known lead
emissions sources has already been accomplished and that RACT (or
greater) levels of controls have been addressed, as discussed in the
control measures section of the August 30, 2016 submittal. Contingency
measures are intended to address any lead emissions that would cause
any future exceedances of the lead NAAQS. The PREPPA Act 416, Title II,
Section 9(A)(7) provides PREQB with the authority to order persons
causing or contributing to a condition which harms the environment and
natural resources or which poses an imminent danger for the public
health and safety, to immediately diminish or discontinue their
actions. Also, PREPPA Act 416, Title II, Section 9(A)(8) provides the
authority to issue orders to do or forbear or to cease and desist so as
to take the preventive or control measures that, in its judgment, are
necessary to achieve the purposes of this Act and the regulations
promulgated thereunder.
As discussed above, RCAP Rule 404, which is approved into the SIP,
contains specific provisions to control fugitive emissions at any
facility in Puerto Rico are intended to satisfy the CAA 172(c)(9)
contingency measure requirements.
In addition to the contingency measures in the Lead SIP, the PREQB
included actions it will take to better characterize the source of any
exceedance:
If during any three-month rolling period, if two samples
at the same monitor in the Arecibo Nonattainment Area are reported to
exceed 0.15 [mu]g/m\3\, along with the activities above, the PREQB will
increase the sampling frequency at that monitor to once every three
days;
In addition, if during any three-month rolling period, if
three samples at the same monitor in the Arecibo Nonattainment Area are
reported to exceed 0.15 [mu]g/m\3\, along with the activities above,
the PREQB will conduct daily sampling at that monitor for a period of
30 days.
The EPA has determined that the PREQB's SIP addresses the
requirement for contingency measures pursuant to CAA 172(c)(9) and
therefore EPA proposes to approve these contingency measures.
g. Attainment Date
Puerto Rico provided a modeling demonstration to attain the level
of the 2008 Lead NAAQS for the Arecibo Area by no later than five years
after the Area was designated nonattainment. The modeling indicates
that the Arecibo Area will have attaining data for the 2008 Lead NAAQS
by December 31, 2016. On June 12, 2014, TBRCI notified the PREQB that
it would ``temporarily cease operations''. As discussed in Section
IV.b.1 above, on August 19, 2015, the PREQB withdrew both the
Construction Permit and the Title V Operating Permit for TBRCI because
the facility was unable to comply with subject regulations of Puerto
Rico RCAP Rules 203(b)(1) and 604(b) as well as the CAA Section 112
(see footnote 3). The EPA notes that since September 2015, the data
from the source oriented Arecibo air monitoring site has been below the
three-month rolling average for the Lead NAAQS. In addition, the
modeling demonstrates compliance with the Lead NAAQS. Consequently, the
EPA proposes that the PREQB has provided an attainment demonstration
SIP that shows how the Arecibo area will meet the Lead NAAQS.
V. What are the EPA's conclusions?
The EPA is proposing to approve into the SIP Puerto Rico's lead
attainment plan for the Arecibo Area. Specifically, the EPA is
proposing to approve Puerto Rico's August 30, 2016 submittal, which
includes the attainment demonstration, base year emissions inventory,
modelling, and contingency measures and addresses RACM/RACT and the RFP
plan. Permits for the lead smelter, TBRCI, documented as the source of
high lead emissions, have been withdrawn and it is not operating at
this time. Accordingly, RACM, RACT and RFP analyses have been met. The
requirement for RACM/RACT and RFP plan is satisfied because the
Commonwealth of Puerto Rico demonstrated that the Area will attain the
2008 Lead NAAQS as expeditiously as practicable, and could not
implement any additional measures to attain the NAAQS any sooner.
The EPA notes that since September 2015, the data from the source
oriented Arecibo air monitoring site has been below the three-month
rolling average for the Lead NAAQS.
The EPA's review of the materials submitted indicates that Puerto
Rico has developed the Lead attainment plan in accordance with the
requirements of the CAA, 40 CFR part 51 and the EPA's technical
requirements for a Lead SIP. Therefore, the EPA is proposing to approve
into the SIP the Lead attainment plan for Arecibo, Puerto Rico.
VI. 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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve 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 the 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 rulemaking action does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the state,
[[Page 78103]]
and the 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, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 27, 2016.
Judith Enck,
Regional Administrator, Region 2.
[FR Doc. 2016-26729 Filed 11-4-16; 8:45 am]
BILLING CODE 6560-50-P
