Approval and Promulgation of Air Quality Implementation Plans; State of Montana; East Helena Lead Nonattainment Area Maintenance Plan and Redesignation Request, 34102-34106 [2019-15107]
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34102
Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Proposed Rules
sections III.A. and III.B., the EPA is
proposing to determine that the State
has met all applicable requirements of
CAA sections 107(d)(3)(E) and 175A.
IV. Proposed Action
After review and analysis of
Montana’s submittal, the EPA is
proposing to redesignate the East
Helena, Montana SO2 NAA to
attainment for the 1971 primary 24-hour
and annual, and secondary 3-hour SO2
NAAQS. The EPA is also proposing to
approve the State’s plan for continued
maintenance and attainment of the 1971
primary 24-hour and annual, and
secondary 3-hour SO2 NAAQS in East
Helena, Montana for ten years following
redesignation to attainment.
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V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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);
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• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide 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, the SIP is not proposed to
apply on any Indian reservation land or
in any other area where the EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 11, 2019.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2019–15111 Filed 7–16–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0320; FRL–9996–63–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Montana; East Helena Lead
Nonattainment Area Maintenance Plan
and Redesignation Request
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
the Maintenance Plan, submitted by the
State of Montana to the EPA on October
28, 2018, for the East Helena Lead (Pb)
nonattainment area (East Helena NAA)
and concurrently redesignating the East
Helena NAA to attainment of the 1978
SUMMARY:
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Pb National Ambient Air Quality
Standard (NAAQS). The EPA is taking
this action pursuant to the Clean Air Act
(CAA).
Written comments must be
received on or before August 16, 2019.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–EPA–R08–OAR–2019–0320, to the
Federal Rulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air and Radiation Division,
Environmental Protection Agency
(EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. The EPA
requests that if at all possible, you
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You
may view the hard copy of the docket
Monday through Friday, 8:00 a.m. to
4:00 p.m., excluding federal holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
James Hou, Air and Radiation Division,
EPA, Region 8, Mailcode 8ARD–IO,
1595 Wynkoop Street, Denver,
Colorado, 80202–1129, (303) 312–6210,
hou.james@epa.gov.
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Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Proposed Rules
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
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The East Helena NAA is in southern
Lewis and Clark County, and is defined
as a rectangle that includes both the
community of East Helena and
unincorporated portions of southern
Lewis and Clark County. On November
6, 1991 (56 FR 56694), the East Helena
area was designated as nonattainment
for the 1978 Pb NAAQS (1.5 mg/m3).
This designation was effective on
January 6, 1992 and required the State
to submit a CAA, title I, part D Pb
nonattainment state implementation
plan (SIP) by July 6, 1993. On August
16, 1995, July 2, 1996 and October 20,
1998 the Governor of Montana
submitted SIP revisions to meet the part
D SIP requirements. The control plan
submitted as part of the East Helena Pb
attainment plan focused on limiting
emissions from the ASARCO lead
smelter, which comprised the majority
of lead emissions in the NAA, as well
as restricting emissions from the
American Chemet Copper Furnace.
These emission reductions were further
assisted through the complete removal
of lead in gasoline by 1995.
On April 4, 2001, ASARCO shut
down its lead smelter operations,
thereby eliminating 99.8 percent of all
stationary source Pb emissions in the
NAA. The facility’s three large smelter
stacks were dismantled in August 2009.
On April 15, 2007, ASARCO’s Title V
permit expired, and ASARCO’s
Montana Air Quality Permit was
revoked in September 2013. The former
ASARCO site is currently an active
Superfund site, with no development
possible until cleanup has been
completed.
On June 18, 2001 (66 FR 32760), the
EPA partially approved and partially
disapproved the State’s part D SIP
submittals, which satisfied the CAA’s
criteria for Pb nonattainment SIPs. In
the June 18, 2001 action, the EPA also
determined that the NAA had attained
the 1978 Pb NAAQS, based on air
monitoring data through the calendar
year 1999. The monitoring data used to
determine attainment of the NAAQS
included data while the ASARCO
facility was still operating.
II. Requirements for Redesignation
CAA Requirements for Redesignation of
Nonattainment Areas
The CAA provides the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
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107(d)(3)(E) of the CAA allows for
redesignation provided that: (1) The
Administrator determines that the area
has attained the applicable NAAQS; (2)
the Administrator has fully approved
the applicable implementation plan for
the area under section 110(k); (3) the
Administrator determines that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP
and applicable Federal air pollutant
control regulations and other permanent
and enforceable reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of CAA
section 175A; and (5) the state
containing such area has met all
requirements applicable to the area for
purposes of redesignation under section
110 and part D of title I of the CAA.
III. Review of the Montana State
Submittal Addressing the Requirements
for Redesignation and Limited
Maintenance Plans
Criteria (1)—Has the East Helena NAA
attained the applicable NAAQS?
Under section 179(c)(1), the EPA has
the responsibility for determining
whether a nonattainment area has
attained the Pb NAAQS. The EPA must
make an attainment determination as
expeditiously as practicable, but no later
than 6 months after the attainment date
for the area. On June 18, 2001, the EPA
determined that the East Helena NAA
attained the 1978 Pb NAAQS (66 FR
32763).
Criteria (2)—Does the East Helena NAA
have a fully approved SIP under Section
110(k) of the CAA?
The EPA has approved the applicable
Montana SIP for the East Helena NAA
under section 110(k) of the CAA for all
requirements applicable for purposes of
redesignation. The EPA may rely on
prior SIP approvals in approving a
redesignation request (see Calcagni
Memorandum 1 at p. 3) plus any
additional measures it may approve in
conjunction with a redesignation action.
Following passage of the CAA of 1970,
Montana has adopted and submitted,
and the EPA has fully approved
provisions addressing various SIP
elements applicable for the 1978 lead
NAAQS in the East Helena Pb NAA. See
66 FR 32760.
1 September 4, 1992 memo from John Calcagni,
entitled ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment.’’
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Criteria (3)—Has the East Helena Pb
NAA met all the applicable
requirements under Section 110 and
Part D of the CAA?
General SIP Requirements
General SIP elements and
requirements are delineated in section
110(a)(2) of title I, part A of the CAA.
These requirements include, but are not
limited to, the following: Submittal of a
SIP that has been adopted by the state
after reasonable public notice and
hearing; provisions for establishment
and operation of appropriate procedures
needed to monitor ambient air quality;
implementation of a source permit
program; provisions for the
implementation of part C requirements
(Prevention of Significant Deterioration
(PSD)) and provisions for the
implementation of part D requirements
(New Source Review (NSR) permit
programs); provisions for air pollution
modeling; and provisions for public and
local agency participation in planning
and emission control rule development.
Title I, Part D—Applicable SIP
Requirements
Subpart 1 of part D, found in sections
172–176 of the CAA, sets forth the basic
nonattainment requirements applicable
to all nonattainment areas. All areas that
were designated nonattainment for the
1978 lead NAAQS were designated
under Subpart 1 in accordance with the
deadlines in Subpart 5. For purposes of
evaluating this redesignation request,
the applicable Subpart 1 SIP
requirements for all nonattainment areas
are contained in sections 172(c)(1)–(9)
and in section 176. A thorough
discussion of the requirements
contained in sections 172 and 176 can
be found in the General Preamble for
Implementation of title I. See 57 FR
13498 (April 16, 1992).
Subpart 1, Section 172—Requirements
Section 172 requires states with
nonattainment areas to submit
attainment plans providing for timely
attainment and meeting a variety of
other requirements. The EPA’s
longstanding interpretation of the
nonattainment planning requirements of
section 172 is that once an area is
attaining the NAAQS, those
requirements are not ‘‘applicable’’ for
purposes of CAA section 107(d)(3)(E)(ii)
and therefore need not be approved into
the SIP before the EPA can redesignate
the area. In the 1992 General Preamble
for Implementation of Title I, the EPA
set forth its interpretation of applicable
requirements for purposes of evaluating
redesignation requests when an area is
attaining a standard. See 57 FR 13498,
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13564 (April 16, 1992). The EPA noted
that the requirements for reasonable
further progress (RFP) and other
measures designed to provide for
attainment do not apply in evaluating
redesignation requests because those
nonattainment planning requirements
‘‘have no meaning’’ for an area that has
already attained the standard. Id. This
interpretation was also set forth in the
Calcagni Memorandum. The EPA’s
understanding of section 172 also forms
the basis of its Clean Data Policy, which
suspends a state’s obligation to submit
most of the attainment planning
requirements that would otherwise
apply, including an attainment
demonstration and planning SIPs to
provide for RFP, reasonably available
control measures (RACM), and
contingency measures under section
172(c)(9).
As noted above, EPA already
approved Montana’s attainment plan for
the Area. See 66 FR 32760 (June 18,
2001). Among other things, the
approved attainment plan satisfied the
section 172(c)(1) requirements for
RACM; 172(c)(2) requirements related to
RFP; 172(c)(3) requirements for an
emissions inventory; 172(c)(6); and
172(c)(9) requirements for contingency
measures.
Section 172(c)(4) requires the
identification and quantification of
allowable emissions for major new and
modified stationary sources to be
allowed in an area, and section 172(c)(5)
requires source permits for the
construction and operation of new and
modified major stationary sources
anywhere in the nonattainment area.
The 1990 CAA Amendments contained
revisions to the NSR program
requirements for the construction and
operation of new and modified major
stationary sources located in
nonattainment areas. The CAA requires
states to amend their SIPs to reflect
these revisions but does not require
submittal of this element along with the
other SIP elements. The CAA
established June 30, 1992, as the
submittal date for the revised NSR
programs (Section 189 of the CAA).
Montana has a fully approved
nonattainment NSR program, most
recently approved on July 18, 1995 (60
FR 36715) at Administrative Rules of
Montana (ARM) Subchapter 8. Montana
also has a fully approved PSD program,
most recently approved on July 18, 1995
(60 FR 36715). Upon the effective date
of redesignation of an area from
nonattainment to attainment, the
requirements of the Part D NSR program
will be replaced by the PSD program
and the maintenance area NSR program.
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manufacturing facility. The East Helena
attainment plan contained Pb control
measures for these three sources,
needed to attain the NAAQS to satisfy
the section 172(c) RACM requirement.
The EPA approved these controls as
RACM/reasonably available control
technology (RACT) and incorporated
them into the SIP, making them
permanent and enforceable SIP
measures to meet the requirement of the
CAA and the 1978 NAAQS. See (66 FR
32760).
On April 4, 2001, ASARCO shut
Section 176—Conformity Requirements
down its lead smelter operations,
Section 176(c) of the CAA requires
thereby eliminating the largest source of
states to establish criteria and
Pb emissions in the NAA. The facility’s
procedures to ensure that federally
three large smelter stacks were
supported or funded projects conform to dismantled in August 2009. On April
the air quality planning goals in the
15, 2007, ASARCO’s Title V permit
applicable SIP. The requirement to
expired, and the ASARCO Montana Air
determine conformity applies to
Quality Permit was revoked in
transportation plans, programs, and
September 2013. With the removal of
projects that are developed, funded, or
ASARCO lead smelter emissions, more
approved under title 23 of the United
than 99.8 percent of the lead emissions
States Code (U.S.C.) and the Federal
from all stationary sources in the NAA
Transit Act (transportation conformity)
were permanently removed.
as well as to all other federally
On June 10, 2013, the State of
supported or funded projects (general
Montana submitted a request to remove
conformity). State transportation
stipulations limiting the allowable
conformity SIP revisions must be
concentration of lead in raw feed at the
consistent with Federal conformity
American Chemet Corporation’s East
regulations relating to consultation,
Helena facility. In order to approve the
enforcement, and enforceability that the SIP revision, the EPA requested that the
EPA promulgated pursuant to its
Montana Department of Environmental
authority under the CAA. In light of the Quality (MDEQ) provide modeling to
elimination of lead additives in
demonstrate noninterference with the
gasoline, transportation conformity does attainment and maintenance of the Pb
not apply to the lead NAAQS. See 73 FR NAAQS and that the State finalize the
revocation of ASARCO’s permit. The
66964 (November 12, 2008).
EPA subsequently approved the
Criteria (4)—Has the State demonstrated
requested SIP revision after the
that the air quality improvement is due
revocation of ASARCO’s permit and
to permanent and enforceable
after modeling showed a Pb
reductions?
concentration for the NAA of 0.14
For redesignating a nonattainment
mg/m3. This modeled concentration is
area to attainment, the CAA requires the an order of magnitude lower than the
EPA to determine that the air quality
applicable 1978 Pb NAAQS (1.5 mg/m3).
improvement in the area is due to
See 83 FR 13196. Due to the closure of
permanent and enforceable reductions
ASARCO, and based on recent modeling
in emissions resulting from
for the NAA, the EPA considers the Pb
implementation of the SIP, applicable
emission reductions in the NAA to be
Federal air pollution control
permanent and enforceable.
regulations, and other permanent and
Criteria (5)—Does the area have a fully
enforceable reductions (CAA section
approved maintenance plan pursuant to
107(d)(3)(E)(iii)). The EPA has
Section 175A of the CAA?
determined that Montana has
For redesignating a nonattainment
demonstrated that the observed air
quality improvement in the East Helena area to attainment, the CAA requires the
EPA to determine that the area has a
NAA is due to permanent and
fully approved maintenance plan
enforceable reductions in emissions.
In the EPA’s June 18, 2001 approval
pursuant to section 175A of the CAA.
of the State of Montana’s attainment
See CAA section 107(d)(3)(E)(iv). In
plan (66 FR 32760), three major sources conjunction with its request to
of Pb were identified in the East Helena redesignate the East Helena Pb NAA to
NAA: The ASARCO Smelter complex;
attainment for the 1978 Pb NAAQS,
re-entrained dust from the roads of East
MDEQ submitted a SIP revision to
Helena; and the American Chemet
provide for maintenance of the 1978 Pb
Corporation’s copper oxide
NAAQS for at least 10 years after the
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
section 110(a)(2). As noted above, the
Montana SIP meets the requirements of
section 110(a)(2) applicable for purposes
of redesignation.
Section 172(c)(8) allows a state to use
equivalent modeling, emission
inventory, and planning procedures if
such use is requested by the state and
approved by the EPA. Montana has not
requested the use of equivalent
techniques under section 172(c)(8).
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Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Proposed Rules
effective date of redesignation to
attainment. The EPA believes that this
maintenance plan meets the
requirements for approval under section
175A of the CAA.
Maintenance Plan Requirements
Section 175A of the CAA sets forth
the elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. Under
section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least 10
years after the Administrator approves a
redesignation to attainment. Eight years
after the redesignation, the state must
submit a revised maintenance plan
demonstrating that attainment will
continue to be maintained for the 10
years following the initial 10-year
period. To address the possibility of
future NAAQS violations, the
maintenance plan must contain such
contingency measures as the EPA deems
necessary to assure prompt correction of
any future 1978 lead violations. The
Calcagni Memorandum provides further
guidance on the content of a
maintenance plan, explaining that a
maintenance plan should address five
requirements: the attainment emissions
inventory; maintenance demonstration;
monitoring; verification of continued
attainment; and a contingency plan. As
is discussed more fully below, the EPA
has preliminarily determined that
Montana’s maintenance plan includes
all the necessary components and is
thus proposing to approve it as a
revision to the Montana SIP.
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Attainment Emission Inventory
The State of Montana submitted to the
EPA emissions inventories for the East
Helena NAA as part of their attainment
plan that identified a level of emissions
in the NAA that would be sufficient to
attain the 1978 Pb NAAQS. As noted
above, the EPA approved the attainment
plan and determined that the area had
attained the 1978 Pb NAAQS on June
18, 2001 (66 FR 32760). The controlled
emissions inventory for ASARCO and
American Chemet were 64.7 tons per
year (tpy) and 0.0615 tpy, respectively.
Maintenance Demonstration
A state may generally demonstrate
maintenance of the 1.5 mg/m3 standard
by either showing that future Pb
emissions will not exceed the level of
the attainment inventory, or by
modeling to show that the future mix of
sources and emission rates will not
cause a violation of the 1978 Pb
NAAQS. The demonstration should be
for a period of ten years following the
redesignation, e.g., until 2028 for the
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maintenance plan update. The state
demonstrates attainment of the standard
using the attainment inventory since it
is based on maximum permitted
allowable emissions and Pb emissions
are not expected to increase over the
maintenance period. As a result of the
closure of the major source of Pb
emissions in the NAA, current Pb
emissions in the Montana Maintenance
Plan emission inventory represent less
than 1 percent of the 1995 control plan
stationary source emissions.
Further, on March 28, 2018, the EPA
approved revisions to the East Helena
Pb portion of the Montana SIP,
submitted on September 13, 2013,
which relied on dispersion modeling.
Dispersion modeling is a more
sophisticated means of demonstrating
maintenance because it incorporates
meteorology, topography, and source
characteristics in addition to permitted
allowable emissions rates. The EPA
reviewed the supplied modeling
analysis and agreed that the
methodology was done in accordance
with 40 CFR part 51, Appendix W and
the EPA’s ‘‘Guideline on Air Quality
Models.’’ The AERMOD modeling
analysis, conducted in accordance with
Appendix W and the Guideline on Air
Quality Models, used the emission
limits in the SIP, located in Condition
II.A.4.b of the 1995 Board Order, of
0.007 lb/hr and the results show a
concentration of 0.14 mg/m3 (which
includes background
concentrations).Therefore, East Helena
is below the Pb NAAQS threshold for
the applicable 1978 Pb NAAQS of 1.5
mg/m3. The submitted modeling analysis
used background concentrations of lead
based off lead monitoring results that
were performed during the three
quarters immediately after the ASARCO
facility ceased operations in April of
2001 (See 83 FR 1602). No significant
changes in modeling inputs have
occurred since the September 11, 2013
submittal and none are anticipated
through the maintenance period.
Therefore, the EPA finds that Montana
has demonstrated maintenance of the
1978 Pb NAAQS.
Monitoring Network and Verification of
Continued Attainment
Following the EPA’s June 18, 2001
determination of attainment for the 1978
Pb NAAQS for the East Helena NAA,
and the permanent removal of Pb
emission in the area due to ASARCO’s
closure, MDEQ discontinued the
operation of all Pb monitors in the NAA.
MDEQ has confirmed that the State
commits to resume monitoring before
any major source of Pb commences to
operate. If a new major source of Pb
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34105
locates within the East Helena NAA and
the source modeling indicates that the
Pb impacts are greater than 75 percent
of the current NAAQS including
background, the source will be required
to install appropriate Pb monitoring for
a period of no less than three years to
assure that the current NAAQS are
adequately protected within the NAA.
Moreover, Montana’s PSD program
requires that permit applicants conduct
preconstruction monitoring to identify
baseline concentrations. Notably, the
applicable NAAQS that a major Pb
source be evaluated against, would be
for the more stringent and current 2008
Pb NAAQS of 0.15 mg/m3 as opposed to
the 1978 NAAQS of 1.5 mg/m3.
Contingency Provisions
The East Helena NAA Pb
Maintenance Plan includes the State’s
commitment to continue to implement
and enforce measures necessary to
maintain the Pb NAAQS. MDEQ’s
current operating permit program places
limits on Pb emissions from existing
sources. Should an existing facility
(such as Chemet) want to upgrade or
increase Pb emissions, the facility
would be subject to the PSD program.
Should a new facility be constructed in
the East Helena maintenance area, the
facility would also be subject to PSD as
required in the Calcagni Memo. If these
measures prove insufficient to protect
against exceedances of the NAAQS, the
State of Montana has also committed to
adopt, submit as a SIP revision, and
implement expeditiously any and all
measures needed to ensure maintenance
of the NAAQS.
The Calcagni Memo emphasizes the
importance of specific contingency
measures, schedules for adoption, and
action levels to trigger implementation
of the contingency plan. Since there are
no major sources of Pb emissions
remaining in the NAA from the original
1995 East Helena Pb Attainment SIP,
ambient Pb monitoring was
discontinued in 2001 when ASARCO
shut down and the State’s contingency
plan will focus on new sources or
modifications of existing permitted
sources, we conclude that the State’s
commitment satisfactorily addresses the
CAA provisions.
Since there are neither significant Pb
sources nor ambient Pb monitoring in
the East Helena maintenance area, we
agree with the State that any new source
planning to locate within the
maintenance area or existing source
proposing a significant increase in Pb
emissions would be subject to
Montana’s SIP-approved major NSR and
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34106
Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Proposed Rules
minor source permitting programs.2
Thus, we find that MDEQ’s permitting
program is sufficient to track future air
quality trends and to assure that the East
Helena maintenance area will not
violate the NAAQS. If the State
identifies the potential for a NAAQS
violation through the permitting
process, the State would ascertain what
measures would be needed to avoid the
violation.
Has the State met transportation and
general conformity requirements?
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that federally
supported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs, and
projects that are developed, funded, or
approved under title 23 of the United
States Code (U.S.C.) and the Federal
Transit Act (transportation conformity)
as well as to all other federally
supported or funded projects (general
conformity). State transportation
conformity SIP revisions must be
consistent with Federal conformity
regulations relating to consultation,
enforcement, and enforceability that the
EPA promulgated pursuant to its
authority under the CAA. In light of the
elimination of lead additives in
gasoline, transportation conformity does
not apply to the lead NAAQS. See 73 FR
66964 (November 12, 2008).
jbell on DSK3GLQ082PROD with PROPOSALS
IV. Proposed Action
After review and analysis of
Montana’s submittal, the EPA is
proposing to take the following actions
pursuant to section 110 of the CAA:
Redesignate the East Helena, Montana
Pb nonattainment area to attainment for
the 1978 Pb NAAQS; and approve
Montana’s October 28, 2018 SIP revision
for continued maintenance and
attainment of the 1978 Pb NAAQS in
East Helena, Montana.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, 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
2 ARM Title 17, Chapter 8, Subchapters 7, 8, 9,
and 10.
VerDate Sep<11>2014
16:35 Jul 16, 2019
Jkt 247001
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Reporting and recordkeeping
requirements.
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
Authority: 42 U.S.C. 7401 et seq.
Dated: July 11, 2019.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2019–15107 Filed 7–16–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2019–0136; FRL–9996–54–
OAR]
RIN 2060–AU42
Renewable Fuel Standard Program:
Standards for 2020 and BiomassBased Diesel Volume for 2021,
Response to the Remand of the 2016
Standards, and Other Changes
Environmental Protection
Agency (EPA).
ACTION: Announcement of public
hearing.
AGENCY:
The EPA is announcing a
public hearing to be held in Ypsilanti,
MI on July 31, 2019 for the proposed
rule ‘‘Renewable Fuel Standard
Program: Standards for 2020 and
Biomass-Based Diesel Volume for 2021,
Response to the Remand of the 2016
Standards, and Other Changes.’’ This
proposed rule will be published
separately in the Federal Register. The
pre-publication version of this proposal
can be found at https://www.epa.gov/
renewable-fuel-standard-program/
regulations-and-volume-standardsunder-renewable-fuel-standard. In the
separate notice of proposed rulemaking,
EPA has proposed amendments to the
renewable fuel standard program
regulations that would establish annual
percentage standards for cellulosic
biofuel, biomass-based diesel, advanced
biofuel, and renewable fuels that would
apply to all gasoline and diesel
produced in the U.S. or imported in the
year 2020. In addition, the separate
proposal includes a proposed biomassbased diesel applicable volume for
2020, a response to the remand of the
2016 standard-setting rulemaking, and
several regulatory changes to the
Renewable Fuel Standard (RFS)
program including new pathways,
flexibilities for regulated parties, and
clarifications of existing regulations.
DATES: The public hearing will be held
on July 31, 2019 at the location noted
below under ADDRESSES. The hearing
will begin at 9:00 a.m. and end when all
parties present who wish to speak have
had an opportunity to do so. Parties
wishing to testify at the hearing should
SUMMARY:
E:\FR\FM\17JYP1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Proposed Rules]
[Pages 34102-34106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15107]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0320; FRL-9996-63-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Montana; East Helena Lead Nonattainment Area Maintenance Plan
and Redesignation Request
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the Maintenance Plan, submitted by the State of Montana to the
EPA on October 28, 2018, for the East Helena Lead (Pb) nonattainment
area (East Helena NAA) and concurrently redesignating the East Helena
NAA to attainment of the 1978 Pb National Ambient Air Quality Standard
(NAAQS). The EPA is taking this action pursuant to the Clean Air Act
(CAA).
DATES: Written comments must be received on or before August 16, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-EPA-R08-OAR-2019-0320, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.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 https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air and Radiation
Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. The EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: James Hou, Air and Radiation Division,
EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, Colorado,
80202-1129, (303) 312-6210, [email protected].
[[Page 34103]]
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The East Helena NAA is in southern Lewis and Clark County, and is
defined as a rectangle that includes both the community of East Helena
and unincorporated portions of southern Lewis and Clark County. On
November 6, 1991 (56 FR 56694), the East Helena area was designated as
nonattainment for the 1978 Pb NAAQS (1.5 [mu]g/m\3\). This designation
was effective on January 6, 1992 and required the State to submit a
CAA, title I, part D Pb nonattainment state implementation plan (SIP)
by July 6, 1993. On August 16, 1995, July 2, 1996 and October 20, 1998
the Governor of Montana submitted SIP revisions to meet the part D SIP
requirements. The control plan submitted as part of the East Helena Pb
attainment plan focused on limiting emissions from the ASARCO lead
smelter, which comprised the majority of lead emissions in the NAA, as
well as restricting emissions from the American Chemet Copper Furnace.
These emission reductions were further assisted through the complete
removal of lead in gasoline by 1995.
On April 4, 2001, ASARCO shut down its lead smelter operations,
thereby eliminating 99.8 percent of all stationary source Pb emissions
in the NAA. The facility's three large smelter stacks were dismantled
in August 2009. On April 15, 2007, ASARCO's Title V permit expired, and
ASARCO's Montana Air Quality Permit was revoked in September 2013. The
former ASARCO site is currently an active Superfund site, with no
development possible until cleanup has been completed.
On June 18, 2001 (66 FR 32760), the EPA partially approved and
partially disapproved the State's part D SIP submittals, which
satisfied the CAA's criteria for Pb nonattainment SIPs. In the June 18,
2001 action, the EPA also determined that the NAA had attained the 1978
Pb NAAQS, based on air monitoring data through the calendar year 1999.
The monitoring data used to determine attainment of the NAAQS included
data while the ASARCO facility was still operating.
II. Requirements for Redesignation
CAA Requirements for Redesignation of Nonattainment Areas
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation provided that: (1) The Administrator
determines that the area has attained the applicable NAAQS; (2) the
Administrator has fully approved the applicable implementation plan for
the area under section 110(k); (3) the Administrator determines that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP and applicable Federal air pollutant control regulations and other
permanent and enforceable reductions; (4) the Administrator has fully
approved a maintenance plan for the area as meeting the requirements of
CAA section 175A; and (5) the state containing such area has met all
requirements applicable to the area for purposes of redesignation under
section 110 and part D of title I of the CAA.
III. Review of the Montana State Submittal Addressing the Requirements
for Redesignation and Limited Maintenance Plans
Criteria (1)--Has the East Helena NAA attained the applicable NAAQS?
Under section 179(c)(1), the EPA has the responsibility for
determining whether a nonattainment area has attained the Pb NAAQS. The
EPA must make an attainment determination as expeditiously as
practicable, but no later than 6 months after the attainment date for
the area. On June 18, 2001, the EPA determined that the East Helena NAA
attained the 1978 Pb NAAQS (66 FR 32763).
Criteria (2)--Does the East Helena NAA have a fully approved SIP under
Section 110(k) of the CAA?
The EPA has approved the applicable Montana SIP for the East Helena
NAA under section 110(k) of the CAA for all requirements applicable for
purposes of redesignation. The EPA may rely on prior SIP approvals in
approving a redesignation request (see Calcagni Memorandum \1\ at p. 3)
plus any additional measures it may approve in conjunction with a
redesignation action. Following passage of the CAA of 1970, Montana has
adopted and submitted, and the EPA has fully approved provisions
addressing various SIP elements applicable for the 1978 lead NAAQS in
the East Helena Pb NAA. See 66 FR 32760.
---------------------------------------------------------------------------
\1\ September 4, 1992 memo from John Calcagni, entitled
``Procedures for Processing Requests to Redesignate Areas to
Attainment.''
---------------------------------------------------------------------------
Criteria (3)--Has the East Helena Pb NAA met all the applicable
requirements under Section 110 and Part D of the CAA?
General SIP Requirements
General SIP elements and requirements are delineated in section
110(a)(2) of title I, part A of the CAA. These requirements include,
but are not limited to, the following: Submittal of a SIP that has been
adopted by the state after reasonable public notice and hearing;
provisions for establishment and operation of appropriate procedures
needed to monitor ambient air quality; implementation of a source
permit program; provisions for the implementation of part C
requirements (Prevention of Significant Deterioration (PSD)) and
provisions for the implementation of part D requirements (New Source
Review (NSR) permit programs); provisions for air pollution modeling;
and provisions for public and local agency participation in planning
and emission control rule development.
Title I, Part D--Applicable SIP Requirements
Subpart 1 of part D, found in sections 172-176 of the CAA, sets
forth the basic nonattainment requirements applicable to all
nonattainment areas. All areas that were designated nonattainment for
the 1978 lead NAAQS were designated under Subpart 1 in accordance with
the deadlines in Subpart 5. For purposes of evaluating this
redesignation request, the applicable Subpart 1 SIP requirements for
all nonattainment areas are contained in sections 172(c)(1)-(9) and in
section 176. A thorough discussion of the requirements contained in
sections 172 and 176 can be found in the General Preamble for
Implementation of title I. See 57 FR 13498 (April 16, 1992).
Subpart 1, Section 172--Requirements
Section 172 requires states with nonattainment areas to submit
attainment plans providing for timely attainment and meeting a variety
of other requirements. The EPA's longstanding interpretation of the
nonattainment planning requirements of section 172 is that once an area
is attaining the NAAQS, those requirements are not ``applicable'' for
purposes of CAA section 107(d)(3)(E)(ii) and therefore need not be
approved into the SIP before the EPA can redesignate the area. In the
1992 General Preamble for Implementation of Title I, the EPA set forth
its interpretation of applicable requirements for purposes of
evaluating redesignation requests when an area is attaining a standard.
See 57 FR 13498,
[[Page 34104]]
13564 (April 16, 1992). The EPA noted that the requirements for
reasonable further progress (RFP) and other measures designed to
provide for attainment do not apply in evaluating redesignation
requests because those nonattainment planning requirements ``have no
meaning'' for an area that has already attained the standard. Id. This
interpretation was also set forth in the Calcagni Memorandum. The EPA's
understanding of section 172 also forms the basis of its Clean Data
Policy, which suspends a state's obligation to submit most of the
attainment planning requirements that would otherwise apply, including
an attainment demonstration and planning SIPs to provide for RFP,
reasonably available control measures (RACM), and contingency measures
under section 172(c)(9).
As noted above, EPA already approved Montana's attainment plan for
the Area. See 66 FR 32760 (June 18, 2001). Among other things, the
approved attainment plan satisfied the section 172(c)(1) requirements
for RACM; 172(c)(2) requirements related to RFP; 172(c)(3) requirements
for an emissions inventory; 172(c)(6); and 172(c)(9) requirements for
contingency measures.
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources to be
allowed in an area, and section 172(c)(5) requires source permits for
the construction and operation of new and modified major stationary
sources anywhere in the nonattainment area. The 1990 CAA Amendments
contained revisions to the NSR program requirements for the
construction and operation of new and modified major stationary sources
located in nonattainment areas. The CAA requires states to amend their
SIPs to reflect these revisions but does not require submittal of this
element along with the other SIP elements. The CAA established June 30,
1992, as the submittal date for the revised NSR programs (Section 189
of the CAA). Montana has a fully approved nonattainment NSR program,
most recently approved on July 18, 1995 (60 FR 36715) at Administrative
Rules of Montana (ARM) Subchapter 8. Montana also has a fully approved
PSD program, most recently approved on July 18, 1995 (60 FR 36715).
Upon the effective date of redesignation of an area from nonattainment
to attainment, the requirements of the Part D NSR program will be
replaced by the PSD program and the maintenance area NSR program.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, the Montana SIP meets
the requirements of section 110(a)(2) applicable for purposes of
redesignation.
Section 172(c)(8) allows a state to use equivalent modeling,
emission inventory, and planning procedures if such use is requested by
the state and approved by the EPA. Montana has not requested the use of
equivalent techniques under section 172(c)(8).
Section 176--Conformity Requirements
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects that are developed, funded, or approved under
title 23 of the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement, and enforceability
that the EPA promulgated pursuant to its authority under the CAA. In
light of the elimination of lead additives in gasoline, transportation
conformity does not apply to the lead NAAQS. See 73 FR 66964 (November
12, 2008).
Criteria (4)--Has the State demonstrated that the air quality
improvement is due to permanent and enforceable reductions?
For redesignating a nonattainment area to attainment, the CAA
requires the EPA to determine that the air quality improvement in the
area is due to permanent and enforceable reductions in emissions
resulting from implementation of the SIP, applicable Federal air
pollution control regulations, and other permanent and enforceable
reductions (CAA section 107(d)(3)(E)(iii)). The EPA has determined that
Montana has demonstrated that the observed air quality improvement in
the East Helena NAA is due to permanent and enforceable reductions in
emissions.
In the EPA's June 18, 2001 approval of the State of Montana's
attainment plan (66 FR 32760), three major sources of Pb were
identified in the East Helena NAA: The ASARCO Smelter complex; re-
entrained dust from the roads of East Helena; and the American Chemet
Corporation's copper oxide manufacturing facility. The East Helena
attainment plan contained Pb control measures for these three sources,
needed to attain the NAAQS to satisfy the section 172(c) RACM
requirement. The EPA approved these controls as RACM/reasonably
available control technology (RACT) and incorporated them into the SIP,
making them permanent and enforceable SIP measures to meet the
requirement of the CAA and the 1978 NAAQS. See (66 FR 32760).
On April 4, 2001, ASARCO shut down its lead smelter operations,
thereby eliminating the largest source of Pb emissions in the NAA. The
facility's three large smelter stacks were dismantled in August 2009.
On April 15, 2007, ASARCO's Title V permit expired, and the ASARCO
Montana Air Quality Permit was revoked in September 2013. With the
removal of ASARCO lead smelter emissions, more than 99.8 percent of the
lead emissions from all stationary sources in the NAA were permanently
removed.
On June 10, 2013, the State of Montana submitted a request to
remove stipulations limiting the allowable concentration of lead in raw
feed at the American Chemet Corporation's East Helena facility. In
order to approve the SIP revision, the EPA requested that the Montana
Department of Environmental Quality (MDEQ) provide modeling to
demonstrate noninterference with the attainment and maintenance of the
Pb NAAQS and that the State finalize the revocation of ASARCO's permit.
The EPA subsequently approved the requested SIP revision after the
revocation of ASARCO's permit and after modeling showed a Pb
concentration for the NAA of 0.14 [mu]g/m\3\. This modeled
concentration is an order of magnitude lower than the applicable 1978
Pb NAAQS (1.5 [mu]g/m\3\). See 83 FR 13196. Due to the closure of
ASARCO, and based on recent modeling for the NAA, the EPA considers the
Pb emission reductions in the NAA to be permanent and enforceable.
Criteria (5)--Does the area have a fully approved maintenance plan
pursuant to Section 175A of the CAA?
For redesignating a nonattainment area to attainment, the CAA
requires the EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA. See CAA section
107(d)(3)(E)(iv). In conjunction with its request to redesignate the
East Helena Pb NAA to attainment for the 1978 Pb NAAQS, MDEQ submitted
a SIP revision to provide for maintenance of the 1978 Pb NAAQS for at
least 10 years after the
[[Page 34105]]
effective date of redesignation to attainment. The EPA believes that
this maintenance plan meets the requirements for approval under section
175A of the CAA.
Maintenance Plan Requirements
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the 10
years following the initial 10-year period. To address the possibility
of future NAAQS violations, the maintenance plan must contain such
contingency measures as the EPA deems necessary to assure prompt
correction of any future 1978 lead violations. The Calcagni Memorandum
provides further guidance on the content of a maintenance plan,
explaining that a maintenance plan should address five requirements:
the attainment emissions inventory; maintenance demonstration;
monitoring; verification of continued attainment; and a contingency
plan. As is discussed more fully below, the EPA has preliminarily
determined that Montana's maintenance plan includes all the necessary
components and is thus proposing to approve it as a revision to the
Montana SIP.
Attainment Emission Inventory
The State of Montana submitted to the EPA emissions inventories for
the East Helena NAA as part of their attainment plan that identified a
level of emissions in the NAA that would be sufficient to attain the
1978 Pb NAAQS. As noted above, the EPA approved the attainment plan and
determined that the area had attained the 1978 Pb NAAQS on June 18,
2001 (66 FR 32760). The controlled emissions inventory for ASARCO and
American Chemet were 64.7 tons per year (tpy) and 0.0615 tpy,
respectively.
Maintenance Demonstration
A state may generally demonstrate maintenance of the 1.5 [mu]g/m\3\
standard by either showing that future Pb emissions will not exceed the
level of the attainment inventory, or by modeling to show that the
future mix of sources and emission rates will not cause a violation of
the 1978 Pb NAAQS. The demonstration should be for a period of ten
years following the redesignation, e.g., until 2028 for the maintenance
plan update. The state demonstrates attainment of the standard using
the attainment inventory since it is based on maximum permitted
allowable emissions and Pb emissions are not expected to increase over
the maintenance period. As a result of the closure of the major source
of Pb emissions in the NAA, current Pb emissions in the Montana
Maintenance Plan emission inventory represent less than 1 percent of
the 1995 control plan stationary source emissions.
Further, on March 28, 2018, the EPA approved revisions to the East
Helena Pb portion of the Montana SIP, submitted on September 13, 2013,
which relied on dispersion modeling. Dispersion modeling is a more
sophisticated means of demonstrating maintenance because it
incorporates meteorology, topography, and source characteristics in
addition to permitted allowable emissions rates. The EPA reviewed the
supplied modeling analysis and agreed that the methodology was done in
accordance with 40 CFR part 51, Appendix W and the EPA's ``Guideline on
Air Quality Models.'' The AERMOD modeling analysis, conducted in
accordance with Appendix W and the Guideline on Air Quality Models,
used the emission limits in the SIP, located in Condition II.A.4.b of
the 1995 Board Order, of 0.007 lb/hr and the results show a
concentration of 0.14 [mu]g/m\3\ (which includes background
concentrations).Therefore, East Helena is below the Pb NAAQS threshold
for the applicable 1978 Pb NAAQS of 1.5 [mu]g/m\3\. The submitted
modeling analysis used background concentrations of lead based off lead
monitoring results that were performed during the three quarters
immediately after the ASARCO facility ceased operations in April of
2001 (See 83 FR 1602). No significant changes in modeling inputs have
occurred since the September 11, 2013 submittal and none are
anticipated through the maintenance period. Therefore, the EPA finds
that Montana has demonstrated maintenance of the 1978 Pb NAAQS.
Monitoring Network and Verification of Continued Attainment
Following the EPA's June 18, 2001 determination of attainment for
the 1978 Pb NAAQS for the East Helena NAA, and the permanent removal of
Pb emission in the area due to ASARCO's closure, MDEQ discontinued the
operation of all Pb monitors in the NAA. MDEQ has confirmed that the
State commits to resume monitoring before any major source of Pb
commences to operate. If a new major source of Pb locates within the
East Helena NAA and the source modeling indicates that the Pb impacts
are greater than 75 percent of the current NAAQS including background,
the source will be required to install appropriate Pb monitoring for a
period of no less than three years to assure that the current NAAQS are
adequately protected within the NAA. Moreover, Montana's PSD program
requires that permit applicants conduct preconstruction monitoring to
identify baseline concentrations. Notably, the applicable NAAQS that a
major Pb source be evaluated against, would be for the more stringent
and current 2008 Pb NAAQS of 0.15 [mu]g/m\3\ as opposed to the 1978
NAAQS of 1.5 [mu]g/m\3\.
Contingency Provisions
The East Helena NAA Pb Maintenance Plan includes the State's
commitment to continue to implement and enforce measures necessary to
maintain the Pb NAAQS. MDEQ's current operating permit program places
limits on Pb emissions from existing sources. Should an existing
facility (such as Chemet) want to upgrade or increase Pb emissions, the
facility would be subject to the PSD program. Should a new facility be
constructed in the East Helena maintenance area, the facility would
also be subject to PSD as required in the Calcagni Memo. If these
measures prove insufficient to protect against exceedances of the
NAAQS, the State of Montana has also committed to adopt, submit as a
SIP revision, and implement expeditiously any and all measures needed
to ensure maintenance of the NAAQS.
The Calcagni Memo emphasizes the importance of specific contingency
measures, schedules for adoption, and action levels to trigger
implementation of the contingency plan. Since there are no major
sources of Pb emissions remaining in the NAA from the original 1995
East Helena Pb Attainment SIP, ambient Pb monitoring was discontinued
in 2001 when ASARCO shut down and the State's contingency plan will
focus on new sources or modifications of existing permitted sources, we
conclude that the State's commitment satisfactorily addresses the CAA
provisions.
Since there are neither significant Pb sources nor ambient Pb
monitoring in the East Helena maintenance area, we agree with the State
that any new source planning to locate within the maintenance area or
existing source proposing a significant increase in Pb emissions would
be subject to Montana's SIP-approved major NSR and
[[Page 34106]]
minor source permitting programs.\2\ Thus, we find that MDEQ's
permitting program is sufficient to track future air quality trends and
to assure that the East Helena maintenance area will not violate the
NAAQS. If the State identifies the potential for a NAAQS violation
through the permitting process, the State would ascertain what measures
would be needed to avoid the violation.
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\2\ ARM Title 17, Chapter 8, Subchapters 7, 8, 9, and 10.
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Has the State met transportation and general conformity requirements?
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects that are developed, funded, or approved under
title 23 of the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement, and enforceability
that the EPA promulgated pursuant to its authority under the CAA. In
light of the elimination of lead additives in gasoline, transportation
conformity does not apply to the lead NAAQS. See 73 FR 66964 (November
12, 2008).
IV. Proposed Action
After review and analysis of Montana's submittal, the EPA is
proposing to take the following actions pursuant to section 110 of the
CAA: Redesignate the East Helena, Montana Pb nonattainment area to
attainment for the 1978 Pb NAAQS; and approve Montana's October 28,
2018 SIP revision for continued maintenance and attainment of the 1978
Pb NAAQS in East Helena, Montana.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, 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 action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
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: July 11, 2019.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2019-15107 Filed 7-16-19; 8:45 am]
BILLING CODE 6560-50-P
