Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules 59695 

financing and loan closing costs or for 

the broker’s sales commission will be 

provided to investor purchasers. 

* * * * * 

(k) * * * 

(1) The Secretary will make all 

winning bids available publicly. 

(2) Successful bidders will be notified 

through their real estate brokers by 

electronic mail, mail, telephone, or 

other means. Acceptance of a bid is final 

and effective only upon HUD’s 

execution of the sales contract, signed 

by both the submitting real estate broker 

and the prospective purchaser, and 

sending a copy of the executed contract 

by electronic mail to the successful 

bidder or the bidder’s agent. 

(l) Counteroffers. HUD may present 

counteroffers during competitive bid 

periods as it deems appropriate to 

minimize losses to its insurance fund. 

‘‘Best and Final’’ offers requested by 

HUD are considered counteroffers. 

Subpart F—Good Neighbor Next Door 

Sales Program 

■ 8. Revise § 291.500 to read as follows: 

§ 291.500 Purpose. 

This subpart describes the policies 

and procedures governing the Good 

Neighbor Next Door (GNND) Sales 

Program. The purpose of the GNND 

Sales Program is to improve the quality 

of life in distressed urban communities. 

This is to be accomplished by 

encouraging law enforcement officers, 

teachers, and firefighters/emergency 

medical technicians to purchase and 

live in homes that are located in the 

same communities where they perform 

their daily responsibilities and duties. 

■ 9. Revise § 291.505 to read as follows: 

§ 291.505 Definitions. 

For purposes of this subpart: 

Locality means the community, 

neighborhood, or jurisdiction of the unit 

of general local government, or Indian 

tribal government; 

Unit of general local government 

means a county or parish, city, town, 

township, or other political subdivision 

of a state. 

■ 10. In § 291.520, remove ‘‘and’’ from 

the end of paragraph (a), add the word 

‘‘and’’ at the end of paragraph (b), and 

add paragraph (c). 

The addition reads as follows: 

§ 291.520 Eligible law enforcement 

officers. 

* * * * * 

(c) The full time employment in 

paragraph (a) of this section must, in the 

normal course of business, directly 

serve the locality in which the home is 

located. 

■ 11. Revise § 291.525(b) to read as 

follows: 

§ 291.525 Eligible teachers. 

* * * * * 

(b) The full time employment in 

paragraph (a) of this section must, in the 

normal course of business, serve 

students from the locality where the 

home is located. 

■ 12. Revise § 291.530 to read as 

follows: 

§ 291.530 Eligible firefighter/emergency 

medical technicians. 

A person qualifies as a firefighter/

emergency medical technician for the 

purposes of the GNND Sales Program if 

the person is: 

(a) Employed full-time as a firefighter 

or emergency medical technician by a 

fire department or emergency medical 

services responder unit of the federal 

government, a state, unit of general local 

government, or an Indian tribal 

government; and 

(b) The full time employment in 

paragraph (a) of this section must, in the 

normal course of business, directly 

serve the locality where the home is 

located. 

Dated: August 13, 2015. 

Edward L. Golding, 

Principal Deputy Assistant Secretary for 

Housing. 

[FR Doc. 2015–24837 Filed 10–1–15; 8:45 am] 

BILLING CODE 4210–67–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0582; FRL–9935–00– 

Region 7] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Iowa; 2015 Iowa State Implementation 

Plan for the 2008 Lead Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to grant full 

approval of Iowa’s attainment 

demonstration State Implementation 

Plan (SIP) for the lead National Ambient 

Air Quality Standard (NAAQS) 

nonattainment area of Council Bluffs, 

Pottawattamie County, Iowa, received 

by EPA on February 9, 2015. The 

applicable standard addressed in this 

action is the lead NAAQS promulgated 

by EPA in 2008. EPA believes that the 

SIP submitted by the state satisfies the 

applicable requirements of the Clean Air 

Act, and will bring the designated 

portions of Council Bluffs, Iowa into 

attainment of the 0.15 microgram per 

cubic meter (ug/m3) lead NAAQS. 

DATES: Comments must be received on 

or before November 2, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2015–0582, by one of the 

following methods: 

SUPPLEMENTARY INFORMATION: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: doolan.stephanie@epa.gov. 

3. Mail or Hand Delivery: Stephanie 

Doolan, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2015– 

0582. 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. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, the full EPA public comment 

policy, information about CBI or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit http://

www2.epa.gov/dockets/commentingepa-dockets. The www.regulations.gov 

Web site is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to EPA without 

going through www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
59696 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules 

of encryption, and be free of any defects 

or viruses. 

Docket. All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, 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 Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219. EPA 

requests that you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Doolan, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7719, or by email at 

doolan.stephanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. 

Table of Contents 

I. What is being addressed in this document? 

II. Have the requirements for the approval of 

a SIP revision been met? 

III. What action is EPA taking? 

IV. Background 

V. Technical Review of the Attainment 

Demonstration SIP Related to the 2008 

Lead NAAQS 

A. Facility Description 

1. Griffin Pipe 

2. Alter Metal Recycling 

B. Model Selection, Meteorological and 

Emissions Inventory Input Data 

C. Control Strategy 

1. Griffin Pipe 

2. Alter Metal Recycling 

D. Modeling Results 

E. Reasonably Available Control Measures 

(RACM) Including Reasonably Available 

Control Technology (RACT) and 

Reasonable Further Progress (RFP) 

F. Attainment Demonstration 

G. New Source Review (NSR) 

H. Contingency Measures 

I. Enforceability 

VI. Proposed Action 

VII. Incorporation by Reference 

VIII. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

In this document, EPA is addressing 

Iowa’s attainment demonstration State 

Implementation Plan (SIP) for the lead 

National Ambient Air Quality Standard 

(NAAQS) nonattainment area in 

portions of Council Bluffs, 

Pottawattamie County, Iowa. The 

applicable standard addressed in this 

action is the lead NAAQS promulgated 

by EPA in 2008. EPA believes that the 

SIP submitted by the state satisfies the 

applicable requirements of the Clean Air 

Act (CAA) identified in EPA’s Final 

Rule (73 FR 66964, October 15, 2008), 

and will bring the area into attainment 

of the 0.15 microgram per cubic meter 

(mg/m3) lead NAAQS. 

II. Have the requirements for the 

approval of a SIP revision been met? 

The state submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. In addition, the revision 

meets the substantive SIP requirements 

of the CAA, including section 110 and 

implementing regulations. 

III. What action is EPA taking? 

EPA is proposing to grant full 

approval of Iowa’s attainment 

demonstration SIP for the 2008 lead 

NAAQS. EPA is proposing this action in 

order to solicit comments. Final 

rulemaking will occur after 

consideration of any comments 

received. 

IV. Background 

EPA established the National Ambient 

Air Quality Standards (NAAQS) for lead 

on October 5, 1978 (43 FR 46246). On 

October 15, 2008, EPA established a 

new lead NAAQS of 0.15 mg/m3 in air, 

measured as a rolling three-month 

average. (73 FR 66964). On November 

22, 2011, portions of Councils Bluffs, 

Pottawattamie County, Iowa were 

designated as nonattainment for the 

2008 lead NAAQS. (76 FR 72097). 

Under sections 191(a) and 192(a)of the 

CAA, Iowa is required to submit to EPA 

an attainment demonstration SIP 

revision for lead and to demonstrate the 

nonattainment area will reach 

attainment of the 2008 lead NAAQS no 

later than five years from the date of the 

nonattainment area designation. 

V. Technical Review of the Attainment 

Demonstration SIP for the 2008 Lead 

NAAQS 

A. Facility Description 

There are two lead-emitting sources 

contributing to the Council Bluffs lead 

nonattainment area: Griffin Pipe 

Products Company, L.L.C. (Griffin Pipe); 

and Alter Metal Recycling (Alter). A 

description of the operation of these two 

facilities is presented below. 

1. Griffin Process Description 

Griffin Pipe manufactures ductile iron 

pressure pipe for potable water 

transmission and wastewater collection. 

The facility is classified as a gray iron 

foundry in accordance with the North 

American Industry Classification 

System (NAICS). Griffin Pipe is 

considered a major source for CAA Title 

V and Prevention of Significant 

Deterioration (PSD) permitting 

purposes. 

Griffin Pipe’s Council Bluffs facility 

covers more than 105,000 square feet 

and is located on a 19 acre site along the 

Missouri River bottoms. It produces 

ductile iron pressure pipe in 20 foot 

lengths and diameters ranging from six 

to 48 inches which are stored on the 

property until off-site shipment. There 

are paved haul routes on-site for the 

trucks that pick up the product for offsite transport. There is also a rail spur 

that traverses the south side of the 

property. 

The hot iron required in the pipe 

manufacturing process is produced in a 

cupola. The cupola is charged with raw 

materials including coke, scrap iron, 

scrap steel, and fluxes. The scrap metal 

primarily comes from Alter Recycling 

which is located to the south of Griffin 

Pipe and is part of the nonattainment 

area, as discussed in paragraph V.A.2 

below. After the molten iron leaves the 

cupola, it is treated in a desulfurization 

and magnesium inoculation processes. 

Desulfurization removes undesirable 

sulfur from the metal and magnesium 

inoculation uses magnesium to give the 

metal the physical properties needed to 

produce the ductile iron pipe. Lead 

present in the scrap metal is emitted as 

the metals are melted in the cupola, 

treated in the desulfurization and 

magnesium inoculation processes, and 

cast. 

On December 7, 2010, the state issued 

a Prevention of Significant Deterioration 

(PSD) air permit to the facility. As a part 

of this permit, the facility installed air 

pollution controls in order to 

demonstrate that the facility met the 

Best Available Control Technology 

(BACT) criteria. Controls implemented 

in 2011 included: Replacement of the 

existing wet scrubber system for the 

cupola furnace with a baghouse; 

addition of a second baghouse to control 

emissions from the magnesium 

inoculation and desulfurization 

processes; and installation of two new 

chemical storage silos, one for a 

chemical that will be added to the gas 

stream after exiting cupola and before 

the baghouse for sulfur dioxide control, 

and the other for a chemical to be added 

to the gas stream for the treatment of 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules 59697 

1AP–42, Compilation of Air Pollutant Emission 

Factors, Fifth Edition, http://www.epa.gov/ttnchie1/ 

ap42/. 

heavy metals in the baghouse. The 

facility also began implementing a scrap 

management plan to control the amount 

of lead contained in the scrap metal it 

processes as a part of the PSD permit. 

On May 3, 2014, Griffin Pipe ceased 

operations. The facility has notified 

IDNR that it intends to restart operations 

in the future; thus, the attainment 

demonstration SIP contains an 

Administrative Order on Consent 

between Griffin Pipe and IDNR that 

requires written notification to be 

provided to IDNR at least 60 days prior 

to the date that the Facility resumes 

operation, and contains control 

requirements that apply upon 

resumption of Facility operations. 

2. Alter Metal Recycling Process 

Description 

Alter Metal Recycling is one of several 

scrap material processing center 

associated with Alter Trading 

Corporation, a privately held company 

with offices and processing centers 

across the central U.S. The Alter 

Recycling property occupies 

approximately 29 acres to the south and 

east of Griffin Pipe. The processing 

center receives scrap metal from a 

variety of sources, including used cars, 

and operates a shredder (hammer mill) 

to reduce the size of the incoming 

material. The facility is considered a 

minor source with regard to the State of 

Iowa’s air permitting program. Lead 

emissions from Alter Recycling occur 

predominantly from fugitive emissions 

associated with vehicle traffic on facility 

roadways when lead-containing silt on 

roadways becomes airborne. 

B. Model Selection, Meteorological and 

Emissions Inventory Input Data 

Iowa conducted air dispersion 

modeling to evaluate the effectiveness of 

the proposed control strategy. The 

model, AERMOD, was utilized and is 

EPA’s preferred model for 

demonstrating attainment of the lead 

NAAQS. AERMOD estimates the 

combined ambient impact of sources by 

simulating Gaussian dispersion of 

emissions plumes. Emission rates, wind 

speed and direction, atmospheric 

mixing heights, terrain, plume rise from 

stack emissions, initial dispersion 

characteristics of fugitive sources, 

particle size and density are all factors 

considered by the model when 

estimating ambient impacts. Iowa 

performed five different dispersion 

modeling analyses for the 2008 lead 

NAAQS for the Council Bluffs 

nonattainment area. Two analyses were 

conducted to determine the cumulative 

impacts of both facilities under two 

operational configurations at Griffin 

Pipe, Options A and B, which are 

described below in greater detail. Three 

additional analyses were conducted to 

determine the impacts of Griffin Pipe 

under both Options A and B on Alter 

Recycling, and the impact of Alter 

Recycling on Griffin Pipe. The results of 

the analyses will be discussed in more 

detail in Section V.C. of this document. 

Iowa used the surface and upper air 

meteorological data from the Omaha 

airport (KOMA) for years 2008 through 

2012. EPA recommends the use of five 

years of meteorological data for the 

model (40 CFR part 51, appendix W, 

section 8.3.1.2). EPA conducted a 

review of the meteorological data used 

for the modeling and agreed with Iowa’s 

determination that it is representative of 

meteorological conditions in the area of 

Griffin Pipe and Alter Recycling. The 

meteorological data were run through 

AERMOD’s pre-processors to make the 

data usable by the model. 

As required by Section 172(c)(3) of 

the CAA, a revised emission inventory 

was developed for this nonattainment 

area. Potential emissions rates for the 

point sources were developed from 

stack test data, process information, 

engineering assessment, and evaluation 

of the levels necessary to achieve 

attainment of the 2008 Pb NAAQS. 

Iowa selected 2010 as the base year 

for lead emissions inputs to the model. 

As stated above, Griffin Pipe completed 

the installation of its emissions control 

projects under the PSD permit in 2011, 

so emissions estimates before these 

projects were completed are more 

representative of base case conditions. 

Emissions from 2010 also correlate with 

the meteorological data used to input 

the model. Emissions for the haul routes 

were based on calculated emission rates 

from silt data collected by sampling 

haul routes at both Griffin Pipe and 

Alter Recycling. The haul route 

emissions were based on conservative 

assumptions regarding haul route traffic 

and hours of operation over a one-year 

period. The emissions calculations for 

haul route traffic are provided in 

appendix A of the Attainment SIP 

which is available in the docket. 

Point source emissions from Griffin 

Pipe occur primarily from melting 

metal, a hot iron desulfurization 

process, a magnesium inoculation 

process and metal casting. The melting 

process uses a cupola furnace that is 

charged with coke, scrap iron and steel, 

and fluxes (inert materials) as raw 

materials. As the materials are heated, 

melted and moved through the casting 

process, lead in the scrap is released 

and vented through stacks and roof 

vents. Emissions represented in the 

model are from release points, stack 

emissions validated by stack test data, 

and fugitive emissions calculated using 

field measurements wherever possible 

or estimated based on EPA’s AP–42 

guidelines.1

Alter Recycling lead emissions were 

calculated by estimating the inbound 

and outbound truck traffic on haul 

routes on the facility’s property. Other 

activities conducted by the facility that 

could potentially result in lead 

emissions, such as torch cutting and 

operation of the hammer mill, are 

estimated to be de minimis and 

therefore were not included in the 

modeling and development of control 

measures. 

Lead emissions estimates for base year 

2010 are provided in Table 1 below. 

Note that haul route emissions provided 

are based on worst-case estimates and as 

such are likely overestimates. 

TABLE 1—LEAD EMISSIONS ESTIMATES

[Pottawattamie County Lead Nonattainment Area] 

Facility name Source type 

2010 Emissions 

tons per year 

(tpy) a

Griffin Pipe ............................................................................... Point ........................................................................................ 0.7447 

Fugitive .................................................................................... 0.2570 

Alter Recycling ......................................................................... Fugitive .................................................................................... 0.7182 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
59698 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules 

TABLE 1—LEAD EMISSIONS ESTIMATES—Continued 

[Pottawattamie County Lead Nonattainment Area] 

Facility name Source type 

2010 Emissions 

tons per year 

(tpy) a

Total Emissions ................................................................ .................................................................................................. 1.7564 

a Note that the emissions listed do not total exactly due to rounding when summing individual emissions units. See Section 3, 2010 Base-year 

Lead Emissions Inventory, of the Iowa SIP for greater detail. 

In accordance with 40 CFR part 51, 

appendix W, background concentrations 

must be considered when determining 

NAAQS compliance. Background 

concentrations are intended to include 

impacts attributable to natural sources, 

nearby sources (excluding the dominant 

source(s)), and unidentified sources. 

The calculated background 

concentration includes all sources of 

lead not already included in the model 

run script. The background 

concentration includes distant sources 

of lead or naturally occurring lead in 

soils that has become re-entrained in the 

atmosphere. 

The background value is calculated by 

averaging the monitored concentrations 

of lead in air from the monitor near the 

intersection of 8th Avenue and 27th 

Street in Council Bluffs, Iowa. The data 

included in the background calculation 

are those collected on days when the 

predominant wind direction was 

northerly (from the monitor toward the 

facility), originating from 270 to 90 

degrees. The data when the 

predominant wind direction was 

blowing from the dominant sources 

toward the monitor were excluded from 

the background calculation. The 

calculated background value using the 

monitoring data is 0.01 mg/m3. 

EPA conducted an independent 

analysis of the data from the monitor 

and corresponding wind direction to 

verify the background concentration 

calculated by Iowa. Based on its 

independent analysis, EPA agrees that 

the calculated value represents a 

conservative estimate of background 

during the study period. 

C. Control Strategy 

The following describes the control 

strategy for each facility significantly 

contributing to the nonattainment area. 

The control strategy for Griffin Pipe is 

detailed in the Administrative Order on 

Consent, appendix B of the attainment 

SIP. The control strategy for Alter Metal 

Recycling is detailed in the 

Construction Permit issued to the 

facility, which is appendix C of the 

attainment SIP. 

1. Griffin Pipe 

On May 3, 2014, Griffin Pipe ceased 

operations at its Council Bluffs facility. 

Because the shutdown occurred during 

the development of the attainment SIP, 

the state worked with the facility to 

develop and Administrative Order on 

Consent which outlines the 

requirements and options for the facility 

when it restarts operations at its Council 

Bluffs facility. At Griffin Pipe’s request, 

the facility was given two options for 

control measures to comply with the 

lead NAAQS which are detailed in 

attachments A and B of the 

Administrative Consent Order between 

Iowa and Griffin Pipe. ‘‘Option A’’ 

consists of control measures in the form 

of emissions limits for point sources as 

follows: 

TABLE 2—GRIFFIN PIPE LEAD EMISSION LIMITS ‘‘OPTION A’’ 

Source description EP ID lb/hr b

Cupola (EU–2) .......................................................................................................................................................... EP–2A 0.282/0.046 c

Desulfurization (EU–3) ............................................................................................................................................. EP–3 0.0018. 

Bull Ladle (EU–3) 

Magnesium Inoculation (EU–4) 

Magnesium Inoculation—uncaptured (EU–4) .......................................................................................................... EP–7A 0.0026. 

Ladle Preheat—uncaptured (EU–19) 

Desulfurization—uncaptured (EU–2) ........................................................................................................................ EP–7B 0.0372. 

Bull Ladle—uncaptured (EU–3) 

Small Diameter Casting (EU–6) 

Small Diameter Casting (EU–6) ............................................................................................................................... EP–6A 0.0043. 

Building Emissions ................................................................................................................................................... EP–6B 0.0025. 

Large Diameter Casting (EU–29) ............................................................................................................................. EP–29 0.0025. 

EP–29A 

Cupola Charge Handling (EU–17) ........................................................................................................................... FUG1 0.00143. 

Traffic Pathways ....................................................................................................................................................... N/A Not applicable d

bThe emission limit is expressed as the average of three test runs. 

cThe 0.282 lb/hr is necessary to meet the 2008 Lead NAAQS; however, a lower emission limit of 0.046 lb/hr is required by the Consent Decree between EPA and Griffin Pipe United States v. Griffin Pipe Products., LLC (Civil Action No. 1:14–cv–00027–JAJ–RAW). The lower value is 

the SIP enforceable emission limit; the presentation of both limits in the SIP is to merely acknowledge that the higher emissions limit is RACT. dThe emission limits for Traffic Pathways is 0.002 tons per rolling calendar quarter to correspond with the 2008 Lead NAAQS which is also 

based on a rolling calendar quarter. 

For traffic pathways (haul routes), the 

emissions limit of 0.002 tons per rolling 

calendar quarter correlates to a lead silt 

loading content of 0.00016 g/m2. This 

lead emission limit represents a 95 

percent reduction over the baseline lead 

levels assuming maximum potential 

operation. ‘‘Option A’’ also contains an 

operational limit of 1,250 hours per 

rolling calendar quarter which is not 

contained in ‘‘option B.’’ 

Griffin Pipe requested ‘‘option B’’ 

which includes adding a baghouse. 

Adding an additional baghouse to 

capture desulfurization (EU–2) and bull 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules 59699 

ladle capture (EU–3), allows for more 

operational flexibility in other areas, 

such as an increase in the silt loading 

for the traffic pathways. Below are the 

emission limits by unit under ‘‘option 

B.’’ 

TABLE 3—GRIFFIN PIPE LEAD EMISSION LIMITS ‘‘OPTION B’’ 

Source description EP ID lb/hr e

Cupola (EU–2) .......................................................................................................................................................... EP–2A 0.282/0.046 f

Desulfurization (EU–3) ............................................................................................................................................. EP–3 0.02. 

Bull Ladle (EU–3) 

Magnesium Inoculation (EU–4) 

Magnesium Inoculation—uncaptured (EU–4) .......................................................................................................... EP–7A 0.0075. 

Ladle Preheat—uncaptured (EU–19) 

Desulfurization—secondary capture (EU–2) ............................................................................................................ EP–7B 0.0025. 

Bull Ladle—secondary capture (EU–3) 

Small Diameter Casting (EU–6) 

Small Diameter Casting (EU–6) ............................................................................................................................... EP–6A 0.0043. 

Building Emissions ................................................................................................................................................... EP–6B 0.0015. 

Large Diameter Casting (EU–29) .............................................................................................................................

EP–29 .......................................................................................................................................................................

0.0025. 

EP–29A 

Cupola Charge Handling (EU–17) ........................................................................................................................... FUG1 0.00143. 

Traffic Pathways ....................................................................................................................................................... N/A Not applicable g

eThe emission limit is expressed as the average of three test runs. 

f The 0.282 lb/hr is necessary to meet the 2008 Lead NAAQS; however, a lower emission limit of 0.046 lb/hr is required by the Consent Decree between EPA and Griffin Pipe United States v. Griffin Pipe Products., LLC (Civil Action No. 1:14–cv–00027–JAJ–RAW). The lower value is 

the SIP enforceable emission limit; the presentation of both limits in the SIP is to merely acknowledge that the higher emissions limit is RACT. g The emission limits for Traffic Pathways is 0.004 tons per rolling calendar quarter to correspond with the 2008 Lead NAAQS which is also 

based on a rolling calendar quarter 

In ‘‘option B,’’ the emissions limit of 

0.004 tons per rolling calendar quarter 

correlates to a lead silt loading content 

of 0.00032 g/m2. This lead emission 

limit represents a 90 percent reduction 

over the baseline lead levels assuming 

maximum potential operation. 

Both options contain the same 

performance testing and work practices 

requirements, including, 

(1) The total production rate shall not 

exceed 235,150 tons of metal charged 

per rolling 12-month period. 

(2) Bulk material shipment or 

deliveries of product, waste and raw 

materials shall only occur from 7 a.m. 

to 5 p.m. daily. 

(3) Standard Operating Procedures 

(SOPs) for work practices to minimize 

emissions from the cupola charge 

handling (EU–17) and the scrap 

management plan for minimizing the 

amount of lead introduced to process as 

charge material are included as 

attachments to the Administrative Order 

on Consent between Griffin Pipe and 

Iowa. 

(4) Limitations on public access to the 

facility at all property boundary lines. 

(5) Fugitive dust control by sweeping 

all paved truck traffic routes once per 

day using a Tymco DST–4 Sweeper or 

functional equivalent as approved by 

the state. The Tymco DST–4 Sweeper is 

equipped with a HEPA filter to capture 

lead-contaminated particulates rather 

than emitting them to ambient air. 

Sweeping is required to begin within 

seven days after resuming operations. 

Exceptions to the sweeping are as 

follows: 

a. If sweeping cannot be 

accomplished due to daytime ambient 

air temperatures less than 35 degrees F 

or weather that creates hazardous 

driving conditions, then the sweeping 

shall be postponed and resume as soon 

after the scheduled date as the 

conditions preventing the sweeping 

have abated. 

b. Paved road sweeping need not 

occur when a rain gauge located at the 

site indicates that at least 0.2 inches of 

precipitation (water equivalent) has 

occurred within the preceding 24-hour 

time period. However road sweeping 

shall resume within 24-hours after the 

precipitation event has ended. 

c. Paved road sweeping need not 

occur when the facility experiences no 

production or shipping activities on that 

calendar day. 

(6) If sweeping cannot be 

accomplished for the entire month due 

to low ambient temperatures or 

hazardous weather, silt load testing is 

not required for that month. 

(7) In addition to the emissions limits 

for traffic pathways listed for ‘‘option 

A’’ and ‘‘option B’’ above, surface total 

silt loading or lead silt loading on the 

traffic pathways shall not exceed 0.64 g/ 

m2 or 0.00016 g/m2, respectively, based 

on a three-month rolling average. 

(8) Silt load sampling conducted at a 

minimum of three locations 

representative of normal conditions and 

not within four hours of sweeping. 

(9) The owner or operator shall take 

reasonable precautions to prevent the 

discharge of visible emissions of fugitive 

dust beyond the lot line of the property. 

When Griffin Pipe seeks to resume 

operations, it is required to provide at 

least a sixty day notice to the state and 

adhere to all permitting and/or 

obligations of the Administrative Order 

on Consent prior to restarting 

operations. 

2. Alter Metal Recycling 

At Alter Metal Recycling, the control 

strategy to attain the 2008 Lead NAAQS 

consists of a lead limit in silt for traffic 

pathways (e.g., truck haul routes) of 0.01 

tons of lead per rolling calendar quarter 

average. This correlates to a lead silt 

content of 0.00281 g/m2 under 

maximum potential operations, defined 

as all raw material and product shipped 

or received by truck. This silt content 

limit is based on a 95 percent reduction 

over baseline lead levels. Based on 

empirical silt sampling, the total 

amount of silt that correlates with 

0.00281 g/m2 lead is 2.7 g/m2; thus, this 

amount has been established as a 

surrogate for the purposes of 

determining SIP compliance. 

Other operating limits in Alter Metal 

Recycling’s permit include: 

(1) The facility must complete paving 

of haul routes identified by the 

Construction Permit (appendix C of the 

attainment SIP) as segments 7, 14, 15 

and 16 by October 31, 2015. By this 

same date, the facility also must cease 

the use of haul road segment 17. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
59700 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules 

2See 58 FR 67751, December 22 1993, for a 

discussion of this interpretation as it relates to lead. 

3http://www.epa.gov/oar/lead/pdfs/

2012ImplementationGuide.pdf> 

(2) Fugitive dust control by sweeping 

all paved truck traffic routes once per 

day using a Tymco DST–4 Sweeper or 

functional equivalent as approved by 

the state. Sweeping is required to begin 

within seven days after resuming 

operations. Exceptions to the sweeping 

are as follows: 

a. If sweeping cannot be 

accomplished due to daytime ambient 

air temperatures less than 35 degrees F 

or weather that creates hazardous 

driving conditions, then the sweeping 

shall be postponed and resume as soon 

after the scheduled date as the 

conditions preventing the sweeping 

have abated. 

b. Paved road sweeping need not 

occur when a rain gauge located at the 

site indicates that at least 0.2 inches of 

precipitation (water equivalent) has 

occurred within the preceding 24-hour 

time period. However road sweeping 

shall resume within 24-hours after the 

precipitation event has ended. 

c. Paved road sweeping need not 

occur when the facility experiences no 

production or shipping activities on that 

calendar day. 

(3) If sweeping cannot be 

accomplished for the entire month due 

to low ambient temperatures or 

hazardous weather, silt load testing is 

not required for that month. 

(4) The haul road surface silt loading 

shall not exceed 2.70 g/m2. 

(5) The facility is limited to shipping 

(inbound and outbound) material 

between the hours of 5 a.m. to 8 p.m., 

Monday through Friday, and 8 a.m. to 

12 p.m. on Saturday. The facility is also 

limited to processing and shipping 

(inbound and outbound) no more than 

946,000 tons of material per rolling 12- 

month period. Internal transfers at the 

facility are limited to Monday through 

Friday. 

(6) The facility is required to 

implement ‘‘Best Management 

Practices’’ including clean up spills as 

expeditiously as possible, weekly 

cleanup of truck area scales and process 

buildings, and ‘‘good housekeeping’’ to 

minimize fugitive dust emissions. The 

facility is also requires to post and 

maintain speed limit signs. 

(7) The facility is required to limit 

public access posting signs at all facility 

boundaries that are not fenced. During 

days when the facility is operating, inperson surveillance shall be conducted 

and recorded by the facility. In lieu of 

in-person surveillance, the facility may 

maintain and operate equipment 

adequate to ensure surveillance of the 

boundary shared with the rail line. 

D. Modeling Results 

Iowa modeled five different cases to 

evaluate lead NAAQS compliance: 

(1) The first case models combined 

impacts of both facilities on ambient air 

with Griffin Pipe operating under the 

‘‘option A’’ control strategy described 

above; 

(2) The second case models combined 

impacts of both facilities with Griffin 

Pipe operating under the ‘‘option B’’ 

control strategy described above; 

(3) The third case models the impact 

of Griffin Pipe’s lead emissions on Alter 

Metal Recycling with Griffin Pipe 

operating under the ‘‘option A’’ control 

strategy; 

(4) The fourth case models the impact 

of Griffin Pipe’s lead emissions on Alter 

Metal Recycling under the ‘‘option B’’ 

control strategy; and 

(5) The fifth case models the impacts 

of Alter Metal Recycling’s lead 

emissions on Griffin Pipe. 

In all the modeling runs described 

above the Alter Metal Recycling control 

strategy remained the same as described 

in paragraph C.2 above. 

The total impact of the combined lead 

emissions from both facilities with 

Griffin Pipe operating under ‘‘option A’’ 

was 0.149 mg/m3. The total impact of the 

combined lead emissions from both 

facilities with Griffin Pipe operating 

under ‘‘option B’’ was also 0.149 mg/m3. 

Thus, the modeling demonstrates that 

with Griffin Pipe operating under either 

‘‘option A’’ or ‘‘option B’’ as a control 

strategy, the combined facility 

emissions will attain the 2008 Lead 

NAAQS. Under the other three 

scenarios, which examine the impact of 

the facilities on each other, the 2008 

Lead NAAQS was also attained. 

EPA reviewed and independently 

verified the modeling conducted by 

Iowa. Based on EPA’s analysis of the 

attainment modeling and its outcomes, 

EPA believes that Iowa’s control 

strategy, whether it includes ‘‘option A’’ 

or ‘‘option B’’ for Griffin Pipe, will bring 

the designated portions of 

Pottawattamie County, Iowa, into 

attainment of the 2008 Lead NAAQS. 

E. Reasonably Available Control 

Measures (RACM) Including Reasonably 

Available Control Technology (RACT) 

and Reasonable Further Progress (RFP) 

Section 172(c)(1) of the CAA requires 

nonattainment areas to implement all 

RACM, including emissions reductions 

through the adoption of RACT, as 

expeditiously as practicable. EPA 

interprets this as requiring all 

nonattainment areas to consider all 

available controls and to implement all 

measures that are determined to be 

reasonably available, except that 

measures which will not assist the area 

to more expeditiously attain the 

standard are not required to be 

implemented.2 In March 2012, EPA 

issued guidance titled, ‘‘Implementation 

of Reasonably Available Control 

Measures (RACM) for Controlling Lead 

Emissions’’ (RACM Guidance).3

Section 172(c)(2) of the CAA requires 

areas designated as nonattainment for 

criteria pollutants to include a 

demonstration of Reasonable Further 

Progress (RFP) in attainment 

demonstrations. Section 171(1) of the 

CAA defines RFP as annual incremental 

reductions in emissions of the relevant 

air pollutants as required by part D, or 

emission reductions that may 

reasonably be required by EPA to ensure 

attainment of the applicable NAAQS by 

the applicable date. Part D does not 

include specific RFP requirements for 

lead. 

EPA recommends a RACT analysis for 

facilities emitting 0.5 tpy lead per year 

or more. (73 FR 66964). As listed in 

Table 1 above, in the base year for 

modeling, 2010, Griffin Pipe and Alter 

Metal Recycling emitted 1.0382 and 

0.7182 tons per year, respectively. Thus, 

both facilities exceeded the threshold 

for determining RACT to comply with 

the 2008 Lead NAAQS. Section 4 of the 

lead attainment SIP details Iowa’s 

RACT/RACM analysis by facility and 

point or fugitive emissions sources 

considered. 

Iowa performed a RACT/RACM 

analysis in compliance with the RACM 

Guidance. As stated in the final lead 

NAAQS rule, RFP is satisfied by the 

strict adherence to a compliance 

schedule which is expected to 

periodically yield significant emission 

reductions. Iowa has determined that 

either control strategy for Griffin Pipe 

under ‘‘option A’’ or ‘‘option B’’ as 

described above, combined with the 

control strategy for Alter Metal 

Recycling, constitutes RACM. The 

control measures including operational 

controls and work practices described in 

paragraph V.C above have been modeled 

and demonstrated to achieve the lead 

NAAQS and also comply with RACM 

and RFP. 

RFP is addressed by the control 

strategy occurring in a timeframe 

consistent with the CAA. Upon 

implementation of the control strategy 

and practices described above, ambient 

air quality concentrations are expected 

to drop at or below attainment levels 

immediately. The nonattainment area’s 

ambient air quality monitor began 

reporting lead concentrations below the 

2008 lead NAAQS for the three-month 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules 59701 

rolling average for October through 

December 2012. It should be noted that 

the air monitoring data are impacted by 

Griffin Pipe’s shutdown on May 3, 2014. 

Griffin Pipe has informed Iowa that it 

intends to restart operations at an 

undetermined time in the future. Thus, 

the attainment SIP is based on the 

assumption that the facility will resume 

operations under one of the two control 

strategies detailed in paragraph V.C 

above. 

Alter Metal Recycling began 

implementing its control measures by 

paving previously unpaved haul routes 

and sweeping with street sweeper 

equipped with a HEPA filter to remove 

lead-contaminated silt from the 

roadway. There are no point source lead 

emissions from the Alter Metal 

Recycling facility operations, only 

fugitive emissions from leadcontaminated silt on haul routes, the 

appropriate RACT is to significantly 

reduce fugitive emissions. The 

attainment SIP proposes a 95 percent 

reduction in fugitive lead emissions 

from sweeping all paved haul routes at 

the facility. 

Based on the RACM analysis and the 

combined reduction in lead emissions 

to meet the 2008 Lead NAAQS, which 

demonstrates RFP, EPA proposes to 

approve Iowa’s SIP as meeting the 

requirements of sections 172(c)(1) and 

(c)(2) of the CAA. 

F. Attainment Demonstration 

CAA section 172 requires a state to 

submit a plan for each of its 

nonattainment areas that demonstrates 

attainment of the applicable ambient air 

quality standard as expeditiously as 

practicable, but no later than the 

specified attainment date. This 

demonstration should consist of four 

parts: (1) Technical analyses that locate, 

identify, and quantify sources of 

emissions that are contributing to 

violations of the lead NAAQS; (2) 

analyses of future year emissions 

reductions and air quality improvement 

resulting from already-adopted national, 

state, and local programs and from 

potential new state and local measures 

to meet the RACT, RACM, and RFP 

requirements in the area; (3) adopted 

emissions reduction measures with 

schedules for implementation and (4) 

contingency measures required under 

section 172(c)(9) of the CAA. 

The requirements for the first two 

parts are described in the sections on 

emissions inventories, RACT/RACM 

and air quality above and in the 

discussion of the attainment 

demonstration that follows immediately 

below. Requirements for the third and 

fourth parts are described in the 

sections on the control strategy and the 

contingency measures, respectively. 

The future case dispersion modeling 

is the attainment demonstration used to 

verify that the proposed control 

strategies will bring the area into 

attainment of the 2008 Lead NAAQS. In 

order to determine whether the planned 

emission reduction strategies will result 

in attainment of the NAAQS, the 

modeled maximum lead concentration 

in ambient air (based on a rolling threemonth average) are added to the 

calculated background lead 

concentration of 0.01 mg/m3, then 

compared to the 2008 Lead NAAQS 

which is 0.150 mg/m3. As discussed 

above there are two model runs to 

predict the cumulative impacts of both 

facilities with Griffin Pipe operating 

under the control strategy prescribed by 

‘‘option A’’ under the Administrative 

Consent Order between the facility and 

Iowa, and the control strategy 

prescribed by ‘‘option B.’’ In both model 

runs, the control strategy for Alter Metal 

Recycling remains the same, it is the 

control strategy and work practices 

prescribed in the construction permit 

dated September 2, 2014. The predicted 

maximum three-month rolling average 

lead concentration is 0.149 mg/m3 with 

Griffin Pipe operating under either 

‘‘option A’’ or ‘‘option B.’’ Therefore, 

Iowa’s modeling demonstrates 

attainment of the standard regardless of 

which control strategy Griffin Pipe 

chooses when it restarts operations. 

G. New Source Review (NSR) 

Within the CAA, Section 172(c)(5) 

refers to permits for construction and 

operation of new and modified major 

sources located within the 

nonattainment area. A special 

permitting process applies to such 

sources, referred to as a nonattainment 

new source review program. Section 173 

of the CAA mandates nonattainment 

new source review and an approved 

state SIP must meet the requirements of 

40 CFR part 51.165. On May 15, 2014 

(79 FR 277763), EPA approved into 

Iowa’s SIP the nonattainment new 

source review regulations which are 

found in 567—Iowa Administrative 

Code (IAC) chapter 33. The modified 

administrative rules in chapter 33 

became effective on January 15, 2014. 

H. Contingency Measures 

As required by CAA section 172(c)(9), 

the SIP submittal includes contingency 

measures to be implemented if EPA 

determines that the area has failed to 

make RFP or if the area fails to attain the 

NAAQS by December 2016. If the air 

quality data for any three-month rolling 

period after the implementation of the 

control measures identified in both the 

Administrative Consent Order between 

Iowa and Griffin Pipe or the 

construction permit for Alter Metal 

Recycling exceeds the 0.15 ug/m3 threemonth rolling average lead standard, 

both facilities shall implement the 

contingency measures set forth in their 

respective governing documents. 

The Administrative Consent Order for 

Griffin Pipe provided as appendix B of 

the attainment SIP contains the 

following contingency measures which 

apply to the facility under both control 

strategies for ‘‘option A’’ and ‘‘option 

B’’: 

(1) After November 30, 2014, the 

owner or operator shall increase the 

frequency of cleaning/sweeping of the 

haul roads to twice per day within 

seven days after notification by Iowa 

that a monitored exceedance has 

occurred. The owner operator shall also 

submit sweeping data to the state and 

continue daily cleaning/sweeping until 

notified by the state that a different 

cleaning/sweeping frequency shall be 

used. 

(2) After November 30, 2014, the 

owner or operator shall implement good 

housekeeping practices on paved haul 

road surfaces within seven days after 

notification by the state that a 

monitored exceedance of the lead 

NAAQS occurred during months in 

which the inclement weather provision 

as specified in the control strategy 

described in V.C(5)(a) above applied. 

The good housekeeping practices shall 

include but are not limited to daily 

removal of material piles that have 

accumulated on haul road surfaces and 

decreasing vehicle speeds on paved 

road surfaces from fifteen miles per 

hour (mph) to five mph. The owner or 

operator shall continue good 

housekeeping practices on paved road 

surfaces until paved road sweeping 

resumes. 

(3) If a monitored exceedance of the 

lead NAAQS occurs after the provisions 

of the above contingency measures have 

been implemented for three full 

calendar months the owner or operator 

will submit an emissions evaluation 

meeting the criteria and timeline 

specified by the state. 

For Alter Metal Recycling, the 

following contingency measures 

contained in section 14, item L of the 

facility’s construction permit apply: 

(1) After November 30, 2014, the 

facility shall increase the frequency of 

cleaning/sweeping of the haul roads to 

daily within seven days after 

notification by the state that a 

monitored exceedance of the lead 

NAAQS occurred. The facility shall 

submit data to the state and continue 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
59702 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules 

daily cleaning/seeping until notified by 

the state that a different cleaning/

sweeping frequency shall be used. 

(2) If a monitored exceedance of the 

lead NAAQS occurs after the provisions 

of the above contingency measure have 

been implemented for three full 

calendar months, 

Alter Metal Recycling shall submit an 

emissions evaluation meeting the 

criteria and timeline specified by the 

state. 

These measures will help ensure 

compliance with the 2008 lead NAAQS 

as well as meet the requirements of 

section 172(c)(9) of the CAA. 

EPA proposes to approve Iowa’s SIP 

as meeting the requirements of section 

172(c)(9) of the CAA. 

I. Enforceability 

As specified in section 172(c)(6) and 

section 110(a)(2)(A) of the CAA, and 57 

FR 13556, all measures and other 

elements in the SIP must be enforceable 

by the state and EPA. The enforceable 

documents included in Iowa’s SIP 

submittal are the Administrative 

Consent Order between Iowa and Griffin 

Pipe dated January 29, 2015, and the 

construction permit for Alter Metal 

Recycling dated September 2, 2014. 

These documents contain all control 

and contingency measures with 

enforceable dates for implementation. 

Upon EPA approval of the SIP 

submission, the Administrative Consent 

Order for Griffin Pipe and the 

construction permit for Alter Metal 

Recycling will become Federally 

enforceable, and enforceable by citizens 

under section 304 of the CAA. 

EPA proposes to approve Iowa’s SIP 

as meeting the requirements of sections 

172(c)(6) and 110(a)(2)(A) of the CAA, 

and 57 FR 13556. 

VI. Proposed Action 

EPA is proposing to grant full 

approval of Iowa’s attainment 

demonstration SIP for the Pottawattamie 

County 2008 lead NAAQS 

nonattainment area. EPA believes that 

the SIP submitted by the state satisfies 

the applicable requirements of the CAA 

identified in EPA’s Final Rule (73 FR 

66964, October 15, 2008), and will 

result in attainment of the 0.15 ug/m3

standard in the Pottawattamie County, 

Iowa, area. 

VII. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

the proposed amendments to 40 CFR 

part 52 set forth below. EPA has made, 

and will continue to make, these 

documents generally available 

electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

VIII. Statutory and Executive Order 

Reviews 

Under the Clean Air Act (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, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the CAA. Accordingly, 

this action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this 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); 

• 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 Clean Air Act; 

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). 

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 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). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this proposed action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This proposed action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 804, 

however, exempts from section 801 the 

following types of rules: rules of 

particular applicability; rules relating to 

agency management or personnel; and 

rules of agency organization, procedure, 

or practice that do not substantially 

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because 

this is a rule of particular applicability, 

EPA is not required to submit a rule 

report regarding this action under 

section 801. 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 1, 2015. Filing a 

petition for reconsideration by the 

Administrator of this proposed rule 

does not affect the finality of this 

rulemaking for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules 59703 

future rule or action. This proposed 

action may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 21, 2015. 

Mark Hague, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA proposes to amend 40 

CFR part 52 as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart Q—Iowa 

■ 2. In § 52.820: 

■ a. Amend the table in paragraph (d) by 

adding entries (110) and (111), in 

numerical order; and 

■ b. Amend the table in paragraph (e) by 

adding entry (43), in numerical order. 

The additions read as follows: 

§ 52.820 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED IOWA SOURCE-SPECIFIC ORDERS/PERMITS

Name of source Order/permit No. State effective 

date EPA approval date Explanation 

*******

(110) Griffin Pipe Products 

Co., LLC.

Administrative Consent Order 

No. 2015–AQ–02.

1/29/15 10/2/15 [Insert Federal Register citation].

(111) Alter Metal Recycling .... Permit No. 14–A–521 ............ 9/2/14 10/2/15 [Insert Federal Register citation].

(e) * * * 

EPA-APPROVED IOWA NONREGULATORY PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable geographic or nonattainment area State submittal 

date EPA approval date Explanation 

*******

(43) Lead attainment SIP ....... Portions of Pottawattamie 

County.

1/30/15 10/2/15 [Insert Federal Register citation].EPA–R07–OAR–2015–0582; 

FRL–9935–00–Region 7. 

[FR Doc. 2015–24995 Filed 10–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0470; FRL–9934–90– 

Region 4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Approval of the Base 

Year Emissions Inventory for the 

Liberty-Clairton Nonattainment Area 

for the 2006 24-Hour Fine Particulate 

Matter Standard and Approval of 

Transportation Conformity 

Insignificance Findings for the 1997 

Annual and 2006 24-Hour Fine 

Particulate Matter Standards for the 

Liberty-Clairton Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Pennsylvania for the 

purpose of meeting the statutory 

emissions inventory requirements for 

the Liberty-Clairton nonattainment area 

(hereafter ‘‘the Liberty-Clairton Area’’ or 

‘‘the Area’’) with respect the 2006 24- 

hour fine particulate matter (PM2.5) 

National Ambient Air Quality Standard 

(NAAQS or standard). The SIP revision 

consists of the 2007 base year emissions 

inventory for the Liberty-Clairton Area 

for the 2006 24-hour PM2.5 NAAQS. 

EPA is also proposing to approve a SIP 

revision consisting of Pennsylvania’s 

determinations for both the 1997 annual 

and 2006 24-hour PM2.5 standards that 

onroad emissions of PM2.5 and nitrogen 

oxides (NOX) are insignificant 

contributors to PM2.5 concentrations in 

the Liberty-Clairton Area for 

transportation conformity purposes. In 

the Final Rules section of this Federal 

Register, EPA is approving 

Pennsylvania’s SIP submittal as a direct 

final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. The 

publication of this document starts a 30- 

day public comment period on the 

adequacy of the submitted motor 

vehicle emission inventories. This 

comment period is concurrent with the 

comment period on this direct final 

rulemaking action. Any comments on 

the motor vehicle emission inventories 

should be submitted to the docket for 

this rulemaking. A detailed rationale for 

the approval is set forth in the direct 

final rule. Additionally, a more detailed 

description of the state submittal and 

EPA’s evaluation is included in the 

Technical Support Documents (TSDs) 

prepared in support of this rulemaking 

action. A copy of the TSDs are available, 

upon request, from the EPA Regional 

Office listed in the ADDRESSES section of 

this document or is also available 

electronically within the Docket for this 

rulemaking action. If no adverse 

comments are received in response to 

this action, no further activity is 

contemplated. If EPA receives adverse 

comments, the direct final rule will be 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS