~JL
 

OFFICE OF THE GOVERNOR (rJ1' q. 0 ff!. A 

STATE Of MONTAN 

BRlJ\N SCIIWEITZER JOH B IIL.INGER 

GOVg({ OR LT. GOVERNOR 

8 F 

September 30, 2009 

Carol Rushin 

Acting Regional Administrator 

United States Environmental Protection Agency 

Region VIII, 8P-AR 

1595 Wynkoop SI. 

Denver, CO 80202-1129 

Dear Ms. Rushin: 

As you are aware, EPA finalized a revision to the National Ambient Air Quality Standard (NAAQS) 

for lead on November 12,2008. Pursuant to 42 USC §7407, Congress directs governors to submit 

a list of areas designating as nonattainment, attainment, or unclassifiable with respect to a new or 

revised NAAQS. Such lists of designated areas ordinarily would be due no later than one year 

following the promulgation of a new or revised standard, or November 12, 2009. However, as a 

result of a court-ordered schedule pursuant to a lawsuit regarding the lead NAAQS, the due date 

for submission of these lists is October 15, 2009. 73 FR 66963 at 67031. 

Montana designates all 56 counties in the state attainment or unclassifiable for the revised lead 

NAAQS. Based on the analysis in the enclosed technical memorandum and associated 

attachments, Montana's designation is appropriate for all counties. The memorandum also 

describes the significant change in circumstances regarding Ilead emissions and attainment status 

for East Helena, Lewis and Clark County, Montana, one of two existing nonattainment areas in the 

United States for the former 1978 NAAQS. 

We anticipate working with you as we continue to meet the challenge of maintaining Montana's 

status with regard to the revised lead standard. If you have any questions regarding this action, 

please contact M. Eric Merchant. the Department's Air Quality Policy and Planning Supervisor, by 

telephone at (406) 444-1457 or by email at emerchant@mt.gov. 

Sincerely, 

Enclosure REC IVED 

c: Richard Opper, Director, Department of Environmental Quality U.S. EPA Region 8 

RA'aOfllca Dave Klemp, Chief, Air Resources Management Bureau 

M. Eric Merchant, Air Resources Management Bureau 

OCT 082009 

STATE CAPITOL • P.D: Box 200 '01 • HEl.l::. A. Mo T .... AS 620-0801 

TELEPHONE: 406-444-3111 • fAX: 06·444-5529 • WEBSITE: WWW.MT.COY 
1.00 +-----­

/­f,SARCO amellef'allu_IdcMn -1 

-----------------1 

NMOS. Roling 3-Manl/l AvenIQlI 

00 .I----...---~--~--__"T--___,c__--r_--~--...,....-........-----___,..__-_f
 

·1999-1 1999-2 1999-3 1999-4 2000-1 2000-2 2000-3 2Q00-4 2001-1 2001-2 2001-3 2001-4 

YEAR - CALENDAR QUARTER 

Figure 1 

*************************************************** 

2001 Pb Review Rolling 3-Month Averages 

Old RR • Prickl Pear 

1.10...----.....-;;;; 

Jan-01 Fet>-Ol Mar-01 Apr.Q1 May-O1 Jun-01 Ju~Ol AU9-01 Sep-01 Ocl-Ol Nov-01 DevOl 

Ending Month 

Figure 2 

2.0 

ME 1.5 

m 

2­

c: 

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'-_e 1.0 c: 

QJ 

o 

c: 

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o 

c: 

CO 

QJ 0.5 

::lE 

0.90 

M 

E 0.80 

m 

2. 0.70 c: 

o 0.60 

-:ii 050 o 

g 0.40 

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030 

0« 

0.20 

0.10 

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ASARCO 

Smelter 

Fonner Pb NMOS Shutdown 

ATTACHMENT 1
 

1999-2001 Pb Review Quarterly Means
 

-+- Kennedy Park ..... Firehall Dartman Freid 

~OldRR -Ill- Prickly Pear 
ATTACHMENT 2 

Historical E.Helena Pb Review 1998-2001; Calendar Quarter Means 

Kennedy Dartman Prickly 

Year Park Firehall Field Old RR Pear 

1999-1 0.68 0.41 0.24 0.73 

1999-2 0.45 0.30 0.29 0.48 

1999-3 1.06 1.12 0.71 0.26 0.97 

1999-4 0.40 0.88 0.34 0.90 

2000-1 0.61 0.89 0.42 0.75 

2000-2 0.24 0.58 0.42 0.57 

2000-3 0.64 0.94 0.20 0.91 

2000-4 0.59 0.98 0.20 0.88 

2001-1 0.26 1.02 

2001-2 0.19 0.08 

2001-3 0.07 0.07 

2001-4 0.06 0.06 

Historical E.Helena Pb Review 2000-2001; Rolling 3-Month Means 

Prickly 

Year Old RR Pear
 

Jan-01 0.202 0.897
 

Feb-01 0.256 1.09
 

Mar-01 0.265 1.036
 

Apr-01 0.218 0.785
 

May-01 0.221 0.261
 

Jun-01 0.172 0.079
 

Jul-01 0.176 0.071
 

Aug-01 0.081 0.064
 

Sep-01 0.071 0.069
 

Oct-01 0.059 0.059
 

Nov-01 0.073 0.054
 

Dec-01 0.054 0.057
 
Technical Memoran~um
 

State of Montana - Lead Monitoring Data and Analysis
 

Supporting attainment/unclassifiable designation
 

INTRODUCTION:
 

On November 12, 2008, EPA revised the national ambient air quality standards (NAAQS) 

for lead, lowering the level of the primary (health-based) standard from 1.5 micrograms 

per cubic meter (lJg/m3) ("former NAAQS''), to 0.15 IJg/m3 averaged over a rolling 3­

month period with a maximum (not-to-be-exceeded) form evaluated over a 3 year 

period ("new NAAQS''). Compliance with the former primary standard was evaluated on 

a calendar quarter average. The secondary lead standard has been revised to be 

identical to the primary standard. 73 FR 66963. 

Montana is obliged, pursuant to 42 USC §7407, et seq., to submit to EPA a list of 

geographic areas that attain the standard or that do not attain the standard or that are 

otherwise unclassifiable based on available information. 

BACKGROUND: 

Montana is a large state with relatively few large industrial sources of air pollution. Of 

the large industrial sources in Montana, no sources emit lead in excess of the 1 ton per 

year threshold referenced in EPA's promulgation of the lead NAAQS according to data 

submitted by the Department into the 2007 National Emissions Inventory. East Helena, 

Montana is a nonattainment area for the former NAAQS, because it was the site of the 

now-defunct ASARCO facility, a primary lead smelter. ASARCO ceased operations in 

2001. 

The ASARCO facility, including all production units and stacks, has since been razed and 

dismantled. The main stacks were felled on August 14, 2009 and the remaining small 

metal stack on September 15, 2009. ASARCO's emitting units and stacks neither emit 

any air pollutants nor have the potential to do so. 

Sources in Montana are subject to permit requirements pursuant to Montana's New 

Source Review and Montana Air Quality Permit requirements. Montana law requires that 

any proposal modifying the ASARCO facility that has the potential to exceed an amount 

greater than 0.6 tons per year of lead emissions would be subject to the requirements of 

the Montana Air Quality Permit rules at ARM 17.8.740, et seq. ASARCO also would be 

prohibited from legally operating the lead smelter without first applying for and 

obtaining a major New Source Review permit under the provisions of ARM 17.8.801, et 

seq. 

In addition to controls that may be required under the Montana Air Quality Permitting 

program and New Source Review, sources would also be required to comply with 

control, emission limitations, and monitoring requirements under applicable Maximum 

Achievable Control Technology (MACT) and New Source Performance Standards that 

may minimize any lead emissions. These rules, current operating practices, and control 

equipment make it unlikely that sources in Montana emit lead in amounts that would 

influence Montana's lead NAAQS designation status. 
, . .. 

Further, EPA recognizes the ASARCO facility is no longer in operation and that the area 

has subsequently achieved compliance with the revised NAAQS by stating "EPA notes 

that the most recent three years of available monitoring data for East Helena, MT, one 

of two current nonattainment areas, showed no violations of the current standard, 

although the monitors were shut down in December 2001 following the shutdown of the 

large stationary source of lead emissions there". 73 FR 66963 at 67031. 

Attachment 1 of this memo sets forth the dramatic decreases in lead in the East Helena 

area following the shutdown of the ASARCO facility. The graph in Figure 1 (reflecting 

data contained in Attachment 2) indicates the East Helena Area, even before the 

shutdown, had come into attainment with the former standard. Once ASARCO shut 

down entirely, the ambient lead levels decreased to such an extent that the graph 

represented in Figure 2, using the data contained in Attachment 2 calculated according 

to the methodology of the new standard, shows the area to be well in attainment with 

the new standard!. This remains true, even in a worst-case scenario: When ASARCO 

was still operating, historical monitoring data collected during first and fourth quarters of 

any year generally reflected high concentrations, due in large part to poor atmospheric 

dispersion. The last three rolling averages in Figure 2 show the data in an historically 

worse dispersion period to be in attainment with the new standard. 

PAST REGULATORY ACIlONS RELATING TO LEAD NAAQS: 

On September 29, 1983, Montana submitted to EPA the East Helena Lead Control Plan 

after ambient air monitoring ,indicated violations of the former 1978 lead NAAQS in East 

Helena. On July 9, 1984, EPA approved this submission. 49 FR 27944. However, 

folloWing implementation of the lead control plan, East Helena continued violating the 

lead NAAQS. On December 2, 1988, EPA notified Montana that the East Helena lead 

control plan was inadequate and required revision. 53 FR 48642. 

On November 6, 1991, EPA again designated East Helena as nonattainment for lead. 56 

FR 56694. In 1993, EPA promulgated further requirements for lead control plans. 

Montana submitted to EPA a series of lead control plans from 1995 to 2000. On June 

18, 2001, EPA partially approved and partially disapproved the East Helena lead control 

plan. 66 FR 32760. Montana was not required to revise the disapproved portions and 

EPA did not pursue sanctions and Federal implementation plan (FIP) actions pursuant to 

42 USC §§741O and 7509a. 

In its discussion of implementation considerations, EPA notes, " ...it may become 

necessary in some areas to also implement controls on ... former industrial type 

sources." EPA will surely indicate circumstances that might, follOWing some period of 

time, necessitate state evaluation of the reasonableness of imposing controls on former 

sources. 73 FR 66963 at 67030. 

EXISTING SOURCE IMPACT ANALYSIS: 

I The bars in Figure 2 result from (a) the residual effect of including previous data in the rolling 

3-month averages, and (b) the gradual cessation of lead-emitting activities of ASARCO following 

its April 10, 2001 announcement of curtailment of activities. 
, ... · .' 

Montana has no sources of lead that would be anticipated to cause or contribute to a 

violation of the ambient standard for lead. In its analysis of available monitoring data, 

EPA concludes that a large percentage of recent Pb ambient air concentrations in excess 

of 0.15 IJgjm3 have occurred in locations with active industrial sources of 'lead 

emissions. 

Montana conducted a thorough analysis, considering topography, meteorology, and 

emission release characteristics of predicted and actual Pb impacts from industrial 

sources during the development of the control plan implemented to reduce emissions at 

the ASARCO facility and to demonstrate compliance wjth the former 1978 Pb NAAQS. 

Based on these analyses, Montana agrees with EPA's assumption that facilities emitting 

less than 1 ton a year of lead are. not sources of concern for the new NAAQS. Montana's 

worst-case assumption for sources of this size is that they would consume no more than 

50 percent of the new NAAQS and that it would take several sources of this size in the 

same airshed to produce concentrations of Pb in ambient samplers sufficient to·cause 

2 concern • 

CONCLUSION: 

Accordingly, all 56 Montana counties will attain the revised NAAQS as Montana law 

continues to require air pollution control measures on lead emitting industrial sources 

through implementation of the federally-enforceable Montana Air Quality Permitting 

program(s) and related regulations. 

2 Demonstration of Attainment Modeling Report, Revised East Helena, Montana, Lead SIP, CPP 

Project 90-S-0264, Cermak, Peterka, Peterson, Inc, November 18, 1992.