```

[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Proposed Rules]
[Pages 75293-75304]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29583]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0687; FRL9903-99-Region 9]

Approval and Promulgation of Implementation Plans; State of 
California; 2012 Los Angeles County State Implementation Plan for 2008 
Lead Standard

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State implementation plan 
revision submitted by the State of California to provide for attainment 
of the 2008 lead national ambient air quality standard in the Los 
Angeles County nonattainment area. The submitted SIP revision is the 
Final 2012 Lead State Implementation Plan--Los Angeles County. 
Specifically, EPA is proposing to approve the emissions inventory, 
attainment demonstration, the reasonably available control measures/
reasonably available control technology, reasonable further progress 
demonstration, and contingency measures as meeting the requirements of 
the Clean Air Act and EPA's implementing regulations for the lead 
NAAQS.

DATES: Any comments must arrive by January 10, 2014.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0687, by one of the following methods:

[[Page 75294]]

     Federal eRulemaking Portal: www.regulations.gov. Follow 
the on-line instructions.
     Email: tax.wienke@epa.gov.
     Mail or deliver: Marty Robin, Office of Air Planning (AIR-
2), U.S. Environmental Protection Agency Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
The www.regulations.gov Web site is an ``anonymous access'' system, and 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send email directly to 
EPA, your email address will be automatically captured and included as 
part of the public comment. If EPA cannot read your comments due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment.
    Docket: The index to the docket for this action is available 
electronically on the www.regulations.gov Web site and in hard copy at 
EPA Region IX, 75 Hawthorne Street, San Francisco, California, 94105. 
While all documents in the docket are listed in the index, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material), and some may not be publicly available at 
either location (e.g., CBI). To inspect the hard copy materials, please 
schedule an appointment during normal business hours with the contact 
listed in the FOR FURTHER INFORMATION CONTACT section below.
    Copies of the SIP materials are also available for inspection at 
the following locations:
     California Air Resources Board, 1001 I Street, Sacramento, 
California 95812, and
     South Coast Air Quality Management District, 21865 E. 
Copley Drive, Diamond Bar, California 91765.

The SIP materials are also electronically available at: http://www.aqmd.gov/aqmp/Lead_SIP/homepage.htm and http://www.arb.ca.gov/planning/sip/sip.htm.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 947-4192, 
tax.wienke@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The Lead NAAQS and the Los Angeles County Lead Nonattainment Area
    A. The Lead NAAQS
    B. The Lead Nonattainment Problem in Los Angeles County
II. California's State Implementation Plan Submittal To Address Lead 
Nonattainment in the Los Angeles County Nonattainment Area
    A. California's SIP Submittal
    B. CAA Procedural and Administrative Requirements for SIP 
Submittals
III. CAA and Regulatory Requirements for Lead Attainment SIPs
    A.CAA and EPA Guidance
    B. Infrastructure SIPs
IV. Review of the 2012 Los Angeles County Lead SIP
    A. Summary of EPA's Proposed Actions
    B. Emission Inventories
    1. Requirements for Emission Inventories
    2. Base Year Emission Inventory in the 2012 Los Angeles County 
Lead SIP
    3. Proposed Action on the Emission Inventory
    C. RACM/RACT Demonstration and Adopted Control Strategy
    1. Requirements for RACM/RACT Demonstrations
    2. RACM/RACT Demonstration in the 2012 Los Angeles County Lead 
SIP
    3. Proposed Actions on RACM/RACT Demonstration and Adopted 
Control Strategy
    D. Attainment Demonstration
    1. Requirements for Attainment Demonstrations
    2. Air Quality Modeling in the 2012 Los Angeles County Lead SIP
    3. Attainment Demonstration
    4. Proposed Action on the Attainment Demonstration
    E. RFP Demonstration
    1. Requirements for RFP
    2. RFP Demonstration in the 2012 Los Angeles County Lead SIP
    3. Proposed Action on the RFP Demonstration
    F. Contingency Measures
    1. Requirements for Contingency Measures
    2. Contingency Measures in the 2012 Los Angeles County Lead SIP
    3. Proposed Action on the Contingency Measures
V. EPA's Proposed Action and Request for Public Comments
    A. EPA's Proposed Approvals
    B. Request for Public Comments
VI. Statutory and Executive Order Reviews

I. The Lead NAAQS and the Los Angeles County Lead Nonattainment Area

A. The Lead NAAQS

    Under the Clean Air Act (CAA), EPA must establish national ambient 
air quality standards (NAAQS) for six criteria pollutants, including 
lead. Lead is generally emitted in the form of particles, which end up 
being deposited in water, soil, and dust. People may be exposed to lead 
by inhaling it, or by ingesting lead-contaminated food, water, soil, or 
dust. Once in the body, lead is quickly absorbed into the bloodstream 
and can result in a broad range of adverse health effects. These 
include damage to the central nervous system, cardiovascular function, 
kidneys, immune system, and red blood cells. Children are particularly 
vulnerable to lead exposure, in part because they are more likely to 
ingest lead and in part because their still-developing bodies are more 
sensitive to the effects of lead. Urban children are also of particular 
risk if the mother is exposed to lead. The harmful effects to 
children's developing nervous systems (including their brains) arising 
from lead exposure may include IQ loss, poor academic achievement, 
long-term learning disabilities, and an increased risk of delinquent 
behavior.
    EPA first established a lead standard in 1978 at 1.5 micrograms per 
meter cubed ([micro]g/m\3\) as a quarterly average.\1\ Based on new 
health and scientific data, EPA revised the federal lead standard to 
0.15 [micro]g/m\3\ and revised the averaging time for the standard on 
October 15, 2008 (see 73 FR 66964, November 12, 2008). A violation of 
the standard occurs when ambient lead concentrations exceed 0.15 
[micro]g/m\3\ averaged over a 3-month rolling period.
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    \1\ See 43 FR 46246, October 5, 1978.
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    The process for designating areas following promulgation of a new 
or revised NAAQS is contained in section 107(d) of the CAA. The CAA 
requires EPA to complete the initial area designations process within 
two years of promulgating a new or revised NAAQS. Designations for the 
2008 lead NAAQS were promulgated effective December 31, 2010 (see 75 FR 
71033). Based on ambient air quality data for the years 2007-2009, a 
portion of Los Angeles County (excluding the high desert areas, San 
Clemente and Santa Catalina Islands) was identified as an area that did 
not meet the 2008 lead NAAQS.\2\
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    \2\ For an exact description of the Los Angeles County lead 
nonattainment area, see 40 CFR 81.305.
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    Areas are required to attain the revised lead standard as 
expeditiously as practicable, but no later than five years from the 
date the nonattainment designation became effective. For the Los 
Angeles County lead nonattainment area, this date is December 31, 2015.
    Attainment demonstration state implementation plans (SIPs) are due 
18

[[Page 75295]]

months after the effective date of an area's designation. For the Los 
Angeles County lead nonattainment area, the SIP was due June 30, 2012. 
These SIPs should include emissions inventories, a reasonable further 
progress (RFP) demonstration, reasonably available control measures/
reasonably available control technology (RACM/RACT) demonstration, an 
attainment demonstration, and contingency measures. To demonstrate 
attainment, control measures need to be in place by November 1, 
2012.\3\
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    \3\ See 73 FR 66964 (November 12, 2008).
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A. The Lead Nonattainment Problem in Los Angeles County

    Stationary sources of lead are generally from large industrial 
sources, including metals processing, particularly primary and 
secondary lead smelters. Lead can also be emitted by iron and steel 
foundries; primary and secondary copper smelters; industrial, 
commercial and institutional boilers; waste incinerators; glass 
manufacturing; refineries; and cement manufacturing. The South Coast 
Air Quality Management District (SCAQMD or ``District'') has determined 
that the primary causes of the nonattainment status of Los Angeles 
County are two large lead-acid battery recycling facilities, Exide 
Technologies located in the city of Vernon, and Quemetco, Inc. located 
in the City of Industry. These facilities receive used lead-acid 
batteries and other lead-bearing materials and recycle them, recovering 
the lead. Lead is recycled because of its value and to reduce toxic 
waste, and it is primarily used to manufacture new batteries.
    Because regional ambient air lead concentrations indicate low 
ambient lead levels relative to the new lead NAAQS, and the only 
ambient levels exceeding the NAAQS were at sites near the lead-acid 
battery recyclers, SCAQMD's lead attainment strategy is focused on 
reducing directly-emitted lead from these two sources.

II. California's State Implementation Plan Submittal To Address Lead 
Nonattainment in the Los Angeles Nonattainment Area

A. California's SIP Submittal

    Designation of an area as nonattainment starts the process for a 
state to develop and submit to EPA a SIP under title 1, part D of the 
CAA. This SIP must include, among other things, a demonstration of how 
the NAAQS will be attained in the nonattainment area as expeditiously 
as practicable, but no later than the date required by the CAA. Under 
CAA section 191(a), a State has up to 18 months after an area's 
designation to nonattainment to submit its SIP to EPA. For the 2008 
lead NAAQS, these nonattainment SIPs were due no later than June 30, 
2012.
    The SCAQMD is the air quality agency that develops SIPs for the Los 
Angeles area. The Final 2012 Lead State Implementation Plan--Los 
Angeles County (2012 Los Angeles County Lead SIP) was adopted by the 
SCAQMD Governing Board on May 4, 2012.\4\ The California Air Resources 
Board (CARB) adopted the SIP on May 24, 2012 and submitted it to EPA on 
June 20, 2012.\5\
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    \4\ See SCAQMD Governing Board Resolution No. 12-11.
    \5\ See CARB Board Resolution No. 12-20.
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B. CAA Procedural and Administrative Requirements for SIP Submittals

    CAA sections 110(a)(1) and (2) and 110(l) require a state to 
provide reasonable public notice and opportunity for public hearing 
prior to the adoption and submittal of a SIP or SIP revision. To meet 
this requirement, every SIP submittal should include evidence that 
adequate public notice was given and a public hearing was held 
consistent with EPA's implementing regulations in 40 CFR section 
51.102.
    Both the District and CARB have satisfied applicable statutory and 
regulatory requirements for reasonable public notice and hearing prior 
to adoption and submittal of the 2012 Los Angeles County Lead SIP. The 
District provided a public comment period and held a public hearing 
prior to the adoption of the 2012 Los Angeles County Lead SIP on May 4, 
2012. CARB provided the required public notice and opportunity for 
public comment prior to its May 24, 2012 public hearing on the plan.
    The SIP submittal includes notices of the District and CARB public 
hearings, as evidence that all hearings were properly noticed.\6\ We 
therefore find that the submittals meet the procedural requirements of 
CAA sections 110(a) and 110(l).
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    \6\ See Enclosure 3, California Air Resources Board, ``Notice of 
Public Meeting to Consider Approval of the Proposed State 
Implementation Plan Revision for the Federal Lead Standard,'' and 
Enclosure 6, Notice of Public Hearing, Adoption of 2012 Lead State 
Implementation Plan--Los Angeles Count for the South Coast Air 
Quality Management District in the 2012 Los Angeles County Lead SIP.
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    CAA section 110(k)(1)(B) requires EPA to determine whether a SIP 
submittal is complete within 60 days of receipt. This section also 
provides that any plan that EPA has not affirmatively determined to be 
complete or incomplete will become complete 6 months after the date of 
submittal by operation of law. EPA's SIP completeness criteria are 
found in 40 CFR part 51, Appendix V. The 2012 Los Angeles County Lead 
SIP became complete by operation of law on December 20, 2012.

III. CAA and Regulatory Requirements for Lead Attainment SIPs

A. CAA and EPA Guidance

    EPA is implementing the lead NAAQS under Title 1, Part D, subparts 
1 and 5 of the CAA, which includes section 172, ``Nonattainment plan 
provisions,'' and sections 191 and 192, ``Plan Submission Deadlines'' 
and ``Attainment Dates,'' respectively.
    Section 192(a) establishes the attainment date for lead 
nonattainment areas ``as expeditiously as practicable'' but no later 
than five years from the date of the nonattainment designation for the 
area. EPA designated most of Los Angeles County (except for the high 
desert areas and San Clemente and Catalina Islands) as a nonattainment 
area effective December 31, 2010, and thus the applicable attainment 
date is no later than December 31, 2015. Under section 172(a)(2)(D), 
the Administrator is precluded from granting an extension of this 
attainment date where the statute separately establishes a specific 
attainment date, such as the 5-year deadline established in section 
192(a).
    Section 172(c) contains the general statutory planning requirements 
applicable to all nonattainment areas, including the requirements for 
emissions inventories, RACM/RACT, attainment demonstrations, RFP 
demonstrations, and contingency measures.
    When EPA issued the NAAQS for lead on November 12, 2008 (``lead 
NAAQS rule''), it included some implementation guidelines for the lead 
NAAQS regarding planning requirements. See 73 FR 66964. EPA also issued 
several guidance documents related to planning requirements for the 
lead NAAQS. These include:
     Memorandum from Scott Mathias, Interim Director, Air 
Quality Policy Division, USEPA Office of Air Quality Planning and 
Standards, to Regional Air Division Directors, Regions I-X, ``2008 Lead 
(Pb) National Ambient Air Quality Standards (NAAQS) Implementation 
Questions and Answers,'' July 8, 2011, (``Lead Q&A'') and
     ``Addendum to the 2008 Lead NAAQS Implementation Questions 
and Answers Signed on July 11, 2011, by Scott Mathias,'' dated August 
10, 2012. (``Lead Q&A Addendum''); and

[[Page 75296]]

     Implementation of the 2008 Lead National Ambient Air 
Quality Standards--Guide to Developing Reasonably Available Control 
Measures (RACM) for Controlling Lead Emissions, USEPA Office of Air 
Quality Planning and Standards, EPA-457/R-12-001, March 2012 (``Lead 
RACM Guidance'').\7\
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    \7\ All three of these guidance documents can be found in the 
docket for today's action.
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    The lead NAAQS rule and its preamble and the two guidance documents 
address the statutory planning requirements for emissions inventories, 
RACM/RACT, attainment demonstrations including air quality modeling 
requirements, RFP demonstrations, and contingency measures. The lead 
NAAQS rule also addresses other matters such as monitoring, 
designations, lead infrastructure SIPs and exceptional events.
    Control measures for the 2008 lead NAAQS need to be in place as 
expeditiously as practicable. In order for control measures to result 
in three years of monitored clean data by the attainment date, lead 
nonattainment areas required to demonstrate attainment by December 31, 
2015 would need to have all necessary controls in place no later than 
November 1, 2012.\8\
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    \8\ Lead Q&A, p. 4.
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    We will discuss each of the CAA and regulatory requirements for 
lead attainment plans in more detail below in our review of the 2012 
Los Angeles County Lead SIP.

B. Infrastructure SIPs for Lead

    Under section 110 of the CAA, all states (including those without 
nonattainment areas) are required to submit infrastructure SIPs within 
three years of the promulgation of a new or revised NAAQS. Because the 
lead NAAQS was signed and widely disseminated on October 15, 2008, the 
infrastructure SIPs were due by October 15, 2011. Section 110(a)(1) and 
(2) require states to address basic program elements, including 
requirements for emissions inventories, monitoring, and modeling, among 
other things. Subsections (A) through (M) of section 110(a)(2) set 
forth the elements that a states program must contain in the SIP. 
California's lead infrastructure SIP was submitted on October 6, 2011 
and will be acted on in a separate rulemaking action.

IV. Review of the 2012 Los Angeles County Lead SIP

A. Summary of EPA's Proposed Actions

    EPA is proposing to approve the 2012 Los Angeles County Lead SIP 
demonstrating attainment of the 2008 lead NAAQS in the Los Angeles 
County lead nonattainment area. We are proposing to approve the base 
year emissions inventory in this SIP revision as meeting the applicable 
requirements of the CAA and EPA guidance. We are also proposing to 
approve the attainment demonstration, RACM/RACT analysis, RFP 
demonstration, and the contingency measures as meeting the applicable 
requirements of the CAA and EPA guidance.
    EPA's analysis and findings are discussed below for each applicable 
requirement. The Technical Support Document (TSD) for today's proposed 
action contains additional details on selected lead planning 
requirements. We also discuss the SCAQMD lead monitoring network and 
present recent ambient air quality monitoring data in the TSD.

B. Emission Inventories

1. Requirements for Emission Inventories
    CAA section 172(c)(3) requires that states submit a 
``comprehensive, accurate, current inventory of actual emissions from 
all sources of the relevant pollutant.'' Therefore, all sources of lead 
emissions in the nonattainment area must be included in the submitted 
inventory. A base year emission inventory is required for the 
attainment demonstration and for meeting RFP requirements. The base 
year emissions inventory for 2010 or other suitable year should be used 
for attainment planning and RFP plans for areas initially designated 
nonattainment for the lead NAAQS in 2010.\9\
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    \9\ 2008 Lead (Pb) National Ambient Air Quality Standards 
(NAAQS) Implementation Questions and Answers, Memorandum from Scott 
Mathias, Interim Director, Air Quality Policy Division, Office of 
Air Quality Planning and Standards, USEPA to Air Quality Division 
Directors, Regions I-X. July 8, 2011. Also see, Addendum to the 2008 
Lead NAAQS Implementation Questions and Answers Signed on July 11, 
2011, by Scott Mathias. August 10, 2012.
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    In addition to inventory reporting requirements in CAA section 
172(c)(3), 40 CFR 51.117(e)(1) requires that the inventory contain all 
point sources that emit 0.5 tons of lead emissions per year (tpy).\10\ 
Based on annual emissions reporting for 2010, no point sources in the 
Los Angeles County lead nonattainment area emit over 0.5 tpy of lead.
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    \10\ Additional emissions inventory reporting requirements are 
also found in EPA's Air Emissions Reporting Rule (AERR) (codified at 
40 CFR part 51 subpart A) and 73 FR 76539. Although the AERR 
requirements are separate from the SIP-related requirements in CAA 
section 172(c)(3) and 40 CFR 51.117(e)(1), the AERR requirements are 
intended to be compatible with the SIP-related requirements.
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2. Base Year Emissions Inventory in the 2012 Los Angeles County Lead 
SIP
    The 2010 base year inventory for the Los Angeles County lead 
nonattainment area and additional documentation for the inventory are 
described in Chapter 3 of the 2012 Los Angeles County Lead SIP. The 
2010 base year lead inventory provides the basis for the control 
measure analysis and the RFP and attainment demonstrations in the 2012 
Los Angeles County Lead SIP.
    Lead emissions are grouped into two general categories, stationary 
sources and mobile sources. Stationary sources can be further divided 
into ``point'' and ``area'' sources. Point sources are typically 
emitted from permitted facilities and have one or more identified and 
fixed pieces of equipment and emissions points. Facilities are required 
to report their emissions to the SCAQMD Annual Emissions Reporting 
Program. Conversely, area sources consist of widespread and numerous 
smaller emission sources, such as small permitted facilities, 
households, and road dust. The mobile sources category can be divided 
into two major subcategories, ``on-road'' and ``off-road'' mobile 
sources. On-road mobile sources include light-duty automobiles, light-, 
medium-, and heavy-duty trucks, and motorcycles. Off-road mobile 
sources include aircraft, locomotives, construction equipment, mobile 
equipment, and recreational vehicles. The methodologies used to 
calculate the emission inventories are described in Chapter 3 of the 
2012 Los Angeles County Lead SIP.
    Table 1 depicts the 2010 lead emissions inventory for the Los 
Angeles County lead nonattainment area as presented in the 2012 Los 
Angeles County Lead SIP. Emissions in Table 1 are broken down by the 
major source categories described above. Table 2 provides a further 
break down of the 2010 inventory into specific subcategories. Table 1 
indicates that 4.2 tons per year (tpy) of lead emissions are from 
mobile sources. This accounts for 23 percent of the total lead 
inventory for Los Angeles County. Because lead is still used as an 
additive in general aviation fuel, aircraft powered by piston-driven 
engines comprise 4.0 tpy or 93 percent of the mobile source 
inventory.\11\ Stationary and area sources

[[Page 75297]]

emit 14.0 tpy or 77 percent of the lead inventory. Two area sources, 
construction and demolition and paved road dust, account for 12.6 tpy 
or approximately 90 percent of the total stationary and area source 
emissions.
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    \11\ For a complete list of airports located in the Los Angeles 
County lead nonattainment area and their lead emissions, see table 
3-3 on page 3-11 of the South Coast Lead 2012 SIP or the Technical 
Support Document for this action. For more information on EPA 
efforts to monitor lead emissions at airports, see EPA Program 
Update ``Airport Lead Monitoring,'' EPA-420-F-13-032, June 2013 
found at http://www.epa.gov/otaq/regs/nonroad/aviation/420f13032.pdf.

Table 1--Summary of Los Angeles County Nonattainment Area 2010 Emissions
                           Inventory for Lead
------------------------------------------------------------------------
                                                     Lead  emissions \a\
                                                            (tpy)
                  Source category                  ---------------------
                                                            2010
------------------------------------------------------------------------
Stationary and Area...............................                  14.0
On-road Mobile....................................                   0.2
Off-road Mobile...................................                   4.0
                                                   ---------------------
    Total.........................................                  18.2
------------------------------------------------------------------------
\a\ Source: Table 3-1, 2012 Los Angeles County Lead SIP.

    As indicated in Chapter 3, page 3-3 of the 2012 Los Angeles County 
Lead SIP, Los Angeles County's lead nonattainment status is linked to 
two large lead-acid battery-recycling facilities--Exide Technologies in 
Vernon (``Exide'') and Quemetco Inc. in City of Industry 
(``Quemetco''). These two sources fall within the Metal Processes 
subcategory shown in Table 2.\12\ Even though the Metal Processes 
category accounts for a small percentage of total emissions in the 
nonattainment area, based on the historical lead measurements in Los 
Angeles County, the vicinities near the Exide and Quemetco facilities 
are areas where exceedances of the lead NAAQS have occurred in the past 
and could potentially reoccur.
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    \12\ Lead concentrations at all ambient monitoring network sites 
in the Los Angeles County portion of the Basin are well below the 
new 2008 standard for lead, with typical levels of about 0.01 [mu]g/
m\3\. The Los Angeles County lead nonattainment area's nonattainment 
status has not been linked to any stationary sources other than 
Exide and Quemetco; however, for additional information on point 
sources that emit greater than one pound of lead per year and are 
located in the nonattainment area, see Table 3-2 on page 3-9 of the 
2012 Los Angeles County Lead SIP.

  Table 2--Category-specific Los Angeles County Nonattainment Area 2010
                      Emissions Inventory for Lead
------------------------------------------------------------------------
                                                    2010 Lead  emissions
                  Source category                         \a\ (tpy)
------------------------------------------------------------------------
                       Stationary and Area Sources
------------------------------------------------------------------------
Fuel Combustion:
    Electric Utilities............................                  0.02
    Cogeneration..................................                  0.01
    Petroleum Refining (Combustion)...............                  0.05
    Manufacturing and Industrial..................                  0.08
    Service and Commercial........................                  0.04
Waste Disposal:
    Incinerators..................................                  0.01
Petroleum Production & Marketing:
    Petroleum Refining............................                  0.03
Industrial Processes:
    Mineral Processes.............................                  0.06
    Metal Processes...............................                  0.42
    Glass and Related Products....................                  0.02
Miscellaneous Processes:
    Residential Fuel Combustion...................                  0.02
    Construction and Demolition...................                  5.80
    Paved Road Dust...............................                  6.83
    Unpaved Road Dust.............................                  0.47
    Fugitive Windblown Dust.......................                  0.06
    Fires.........................................                  0.01
    Waste Burning and Disposal....................                  0.03
                                                   ---------------------
        Total Stationary and Area Sources.........                 13.96
------------------------------------------------------------------------
                             Mobile Sources
------------------------------------------------------------------------
On-Road Vehicles:
    Light-Duty Passenger..........................                  0.09
    Light & Medium Duty Trucks....................                  0.06
    Heavy-Duty Gas Trucks.........................                   0.0
    Heavy-Duty Diesel Trucks......................                  0.07
                                                   ---------------------

[[Page 75298]]

 
        Total On-Road Vehicles....................                  0.22
                                                   ---------------------
Off-road Mobile:
    Aircraft......................................                  3.95
    Trains........................................                  0.01
    Ships & Commercial Boats......................                   0.0
    Off-Road Equipment............................                  0.06
                                                   ---------------------
        Total Off-Road Mobile.....................                  4.02
                                                   ---------------------
        Total All Sources.........................                 18.20
------------------------------------------------------------------------
\a\ Source: 2012 Los Angeles County Lead SIP, Table 3-1.

3. Proposed Action on the Emission Inventory
    We have reviewed the emissions inventories in the 2012 Los Angeles 
County Lead SIP and the inventory methodologies used by the District 
and CARB for consistency with CAA requirements, the lead NAAQS rule, 
and EPA's guidance. We find that the 2010 base year inventory is a 
comprehensive, accurate, and current inventory of actual or projected 
emissions of lead in the Los Angeles County lead nonattainment area as 
of the date of the submittal. We therefore propose to approve the 2010 
base year inventory as meeting the requirements of CAA section 
172(c)(3) and applicable EPA guidance.

C. RACM/RACT Demonstration and Adopted Control Strategy

1. Requirements for RACM/RACT Demonstrations
    CAA section 172(c)(1) requires that each attainment plan ``provide 
for the implementation of all reasonably available control measures as 
expeditiously as practicable (including such reductions in emissions 
from existing sources in the area as may be obtained through the 
adoption, at a minimum, of reasonably available control technology), 
and shall provide for attainment of the national primary ambient air 
quality standards.'' EPA defines RACM as measures that a state finds 
are both reasonably available and contribute to attainment as 
expeditiously as practicable in its nonattainment area. Lead 
nonattainment plans must contain RACM (including RACT) that address 
sources of ambient lead concentrations. The EPA's historic definition 
of RACT is the lowest emissions limitation that a particular source is 
capable of meeting by the application of control technology that is 
reasonably available considering technological and economic 
feasibility.\13\ EPA recommends that, at a minimum, all stationary 
sources emitting 0.5 tpy or more should undergo a RACT review. See 73 
FR 67038. Based on annual emissions reporting for 2010, no point 
sources in the Los Angeles County lead nonattainment area emit over 0.5 
tpy of lead.\14\
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    \13\ See for example, 44 FR 53761 (September 17, 1979) and 
footnote 3 of that notice.
    \14\ Exide is the largest stationary source emitter of lead in 
Los Angeles County with 2010 emissions of 655.5 pounds or 
approximately 0.3 tpy.
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2. RACM/RACT Demonstration in the 2012 Los Angeles County Lead SIP
    CARB and the District have rulemaking processes for development, 
adoption and implementation of RACM/RACT that have been in place for 
decades.
    Because of lead's dispersion characteristics (e.g., lack of 
transport over a large geographic area), the highest ambient 
concentrations of lead are expected to be near lead sources (e.g., 
Exide and Quemetco). The 2008 lead NAAQS is unique in that attainment 
must be demonstrated at source-oriented monitors as well as ambient 
monitors, and this RACM/RACT demonstration addresses specific 
facilities that may cause a NAAQS exceedance. The RACM/RACT 
demonstration for the 2012 Los Angeles County Lead SIP does not involve 
or require a typical RACM evaluation as is done for other criteria 
pollutants (e.g., ozone or fine particulate matter) which involves 
looking at a broader set of source categories.
    Based on lead monitoring data, SCAQMD identified two large lead-
acid battery recycling facilities (i.e., Exide and Quemetco) as the 
only sources of lead in the Los Angeles County lead nonattainment area 
that have caused or have the potential to cause exceedances of the 2008 
lead NAAQS.\15\ The overall control strategy in the 2012 Los Angeles 
County Lead SIP relies primarily on implementation of Rule 1420.1--
Emissions Standard for Lead from Large Lead-Acid Battery Recycling 
Facilities, adopted by SCAQMD in November 2010. Thus EPA's evaluation 
of RACM/RACT is based on an evaluation of Rule 1420.1. SCAQMD's RACM/
RACT evaluation is found in Section 6, pages 17-21 of the 2012 Los 
Angeles County Lead SIP. A discussion of Rule 1420.1 is provided below.
---------------------------------------------------------------------------

    \15\ As previously stated, EPA recommends that, at a minimum, 
all stationary sources emitting 0.5 tpy (1000 pounds) or more should 
undergo a RACT review (See 73 FR 66964, at 67038). Based on annual 
emissions reporting for 2010, no point sources in the Los Angeles 
Lead nonattainment area emit over 0.5 tpy of lead.
---------------------------------------------------------------------------

Control Measure
    On January 25, 2013, EPA approved SCAQMD Rule 1420.1 into the 
California SIP. See 78 FR 5305. Rule 1420.1 establishes facility-wide 
and individual point source maximum allowable emission rates and 
requires secondary lead control devices on dryers. Fugitive lead 
emissions are addressed through housekeeping and maintenance activity 
requirements, and total enclosures, vented to control devices, for all 
areas where lead is being processed and where maintenance activities 
are occurring. The rule also sets ambient standards for airborne lead 
concentrations at monitors around the facility and requires facility-
operated monitors (a minimum of four) that collect samples on a once 
every-three-days schedule. Source testing, recordkeeping, and reporting 
requirements are included to ensure continuous compliance. The rule 
also requires the submittal of a new compliance plan and emission 
reduction feasibility study when a

[[Page 75299]]

source's monitoring indicates ambient levels have reached 0.12 
[micro]g/m\3\, which is 80% of the rule limit.
    EPA describes RACM/RACT nationally for secondary lead smelters in 
guidance published in March 2012.\16\ Rule 1420.1 includes extensive 
and comprehensive provisions for the control of lead point source and 
fugitive emissions and contains all the necessary RACM/RACT elements 
described in the EPA guidance. A summary of these minimum elements and 
how they are addressed in Rule 1420.1 is provided in EPA's TSD for this 
action and in the TSD for EPA's approval of Rule 1420.1.\17\
---------------------------------------------------------------------------

    \16\ Implementation of the 2008 Lead National Ambient Air 
Quality Standards, Guide to Developing Reasonably Available Control 
Measures (RACM) for Controlling Lead Emissions, EPA-457/R-12-001. 
March 2012.
    \17\ TSD for EPA's Proposed Rulemaking for the California SIP, 
SCAQMD Rule 1420.1, Emissions Standard for Lead from Large Lead-acid 
Battery Recycling Facilities. June 2012. The TSD is included in the 
docket for today's action.
---------------------------------------------------------------------------

    EPA also published the final residual risk and technology review 
revisions to the National Emission Standard for Hazardous Air 
Pollutants from Secondary Lead Smelting on January 5, 2012 (NESHAP from 
Secondary Lead Smelting). 77 FR 556. The revised NESHAP requirements 
represent maximum achievable control technology (MACT) under CAA 
section 112. MACT requirements apply nationwide, regardless of whether 
an area attains the lead NAAQS. EPA considered the MACT requirements as 
part of our evaluation of RACM/RACT. A summary of the MACT requirements 
and how they are addressed by Rule 1420.1 is also in the TSD for EPA's 
approval of Rule 1420.1, which can be found in the docket for today's 
proposed action.
    In its January 25, 2013 approval of Rule 1420.1, EPA determined 
that, based on comparison of Rule 1420.1 to the national RACM guidance 
and MACT, and additional analysis provided in SCAQMD's staff 
report,\18\ Rule 1420.1 adequately fulfills CAA RACM/RACT requirements.
---------------------------------------------------------------------------

    \18\ Staff Report, Proposed Rule 1420.1--Emissions Standard for 
Lead from Large Lead-Acid Battery Recycling Facilities, November, 
2010.
---------------------------------------------------------------------------

    The following provides a detailed description of Rule 1420.1 
requirements.
    [ssquf] Ambient Air Lead Concentrations: Facilities are not allowed 
to discharge into the atmosphere emissions which contribute to ambient 
air concentrations of lead that exceed 0.15 [mu]g/m\3\ averaged over 
any 30 consecutive days. The averaging time is shorter than that of the 
lead NAAQS (rolling 3-month average of monthly averages) with a more 
frequent sampling requirement of one sample in three days versus the 
NAAQS which requires one sample in six days. Ambient air samples are 
collected close to the facility's fenceline. Thus, potential rule 
violations in the form of exceedances of the ambient limits in Rule 
1420.1 will likely occur before exceedances of the federal NAAQS and 
allow for corrective action to take place to avoid such federal NAAQS 
exceedances.
    [ssquf] Ambient Air Monitoring and Sampling Requirements: Each 
facility is required to collect and analyze ambient air lead samples to 
determine compliance with the ambient air quality lead concentration 
standard of Rule 1420.1. The rule requires a minimum of four monitors 
at facility locations approved by the District. Federal regulations 
require only one source-oriented monitor at all facilities emitting 
more than 0.5 tons of lead per year. Facilities are required to collect 
samples at least once every three days, more frequently than the 
federal requirement of once every six days.
    Facilities that exceed an ambient air lead concentration of 0.15 
[mu]g/m\3\ averaged over any 30 consecutive days, measured at any fence 
line monitor, will be in violation of the rule and be required to 
increase ambient air monitoring and sampling to a daily frequency. 
Daily monitoring and sampling will be required to be conducted for a 
period of at least 60 consecutive days at each sampling site that 
measured an exceedance until no 30-day average exceedances are 
recorded. Sampling sites at the property line may be located just 
inside the fence line on facility property if logistical constraints 
preclude placement outside the fence line. As a result, monitors 
required under Rule 1420.1 will be located closer to fugitive lead 
sources, in most cases, when compared to monitors required by federal 
monitoring requirements, which must be in publicly accessible areas. 
Along with the shorter averaging time described previously, all of the 
ambient air monitoring and sampling requirements of Rule 1420.1 are 
more stringent than the federal requirements, such that potential rule 
violations will likely occur before exceedances of the lead NAAQS.
    [ssquf] Total Enclosures: All areas used in the lead-acid battery 
recycling operation for processing or storage of lead-containing 
material, and all areas where maintenance is being performed, are 
required to install total enclosures vented to a lead control device. 
This requirement provides maximum containment and will minimize 
fugitive lead-dust emissions generated in areas where processing, 
handling and storage of lead-containing materials occur. Rule 1420.1 
also establishes requirements for monitoring and maintaining negative 
pressure and in-draft velocity at the openings of these enclosed areas.
    [ssquf] Lead Point Source Emission Controls: All lead emissions 
from lead point sources are required to be vented to an emissions 
collection system that transports the entire gas stream to a lead 
control device. The total facility mass lead emission rate for all lead 
point sources shall not exceed 0.045 pounds of lead per hour (lbs/hr), 
with a maximum emission rate for any single lead point source not to 
exceed 0.010 lbs/hr. The maximum emission rates of 0.045 and 0.010 lb/
hr were established to adequately provide a protective limit for 
exposure to lead emissions and achieve the ambient federal standard of 
0.15 [mu]g/m\3\.
    [ssquf] Housekeeping Requirements: The housekeeping requirements in 
Rule 1420.1 include: Prescribed requirements for cleaning frequencies 
of specific areas; maintenance activity; encapsulation of all facility 
grounds; removal of weather caps on any lead emissions source stacks; 
building structural integrity inspections; storage and transport of 
lead-containing materials; onsite mobile vacuum sweeping; and surface 
impoundment pond or reservoir cleanings.
    [ssquf] Annual Source Testing: Annual source tests are required for 
all lead control devices to demonstrate compliance with the facility 
total lead mass emission rate standard of 0.045 lb/hr, and the maximum 
individual stack lead emission rate standard of 0.010 lb/hr. If the 
most recent source test for a lead point source demonstrates emissions 
of 0.0025 lb/hr or less, the facility may alternatively elect to 
conduct the next source test for that device within 24 months.
    [ssquf] Recordkeeping and Reporting Requirements: Requires 
recordkeeping and reporting, including public notifications, for 
specific maintenance activity, turnarounds and shutdowns for all lead-
containing materials processed at the facility. Records for all 
housekeeping, maintenance activity, ambient air lead monitoring, lead 
control device inspection and maintenance, and unplanned shutdowns of 
any smelting furnaces must be maintained. Facilities are required to 
submit reports for monthly ambient air monitoring results for lead and 
wind data measured at each sampling location on a monthly basis. The 
rule also requires notifications of

[[Page 75300]]

planned and unplanned shutdowns, and turnarounds.
    [ssquf] Compliance Plan: As an additional safeguard against the 
facilities exceeding the lead NAAQS or Rule 1420.1 limits, the 
requirement to prepare and submit a compliance plan is triggered if the 
facility exceeds 0.12 [mu]g/m\3\ as measured on a 30-day rolling 
average. The compliance plan must be implemented if the facility's lead 
emissions contribute to an exceedance of the Rule 1420.1 ambient lead 
standard of 0.15 [mu]g/m\3\ as measured on a 30-day rolling average. 
The compliance plan provision is intended to ensure that measures can 
be identified prior to exceedances of the 0.15 [mu]g/m\3\ NAAQS (which 
is measured on a 90-day rolling average) and are ready for fast 
implementation if the 0.15 [mu]g/m\3\ standard NAAQS is exceeded.
    [ssquf] On January 27, 2012, SCAQMD approved a Compliance Plan for 
Exide. The approved Compliance Plan requires Exide to implement various 
measures and install various controls to reduce lead emissions. 
Condition 8 of the Compliance Plan states that if, after March 31, 
2012, monitored ambient lead concentrations exceed 0.15 [mu]g/m\3\, 
Exide must submit to SCAQMD for approval, within 15 days of any such 
occurrence, the mitigation measures it will implement. Such mitigation 
measures include installation of second stage high efficient 
particulate air (HEPA) filters at specified locations.
    [ssquf] We discuss below how Rule 1420.1's compliance plan 
provisions meet EPA criteria for contingency measures.
    Expeditious Implementation of RACM/RACT. We find that expeditious 
implementation of RACM/RACT at affected sources within the 
nonattainment area is an appropriate approach to assure attainment of 
the lead NAAQS in an expeditious manner.\19\ Rule 1420.1 establishes 
various deadlines for affected sources. Specifically, Rule 1420.1 
requires affected sources to: (1) Submit a complete permit application 
for all construction and necessary equipment within 30 days of November 
5, 2010; (2) complete all construction within 180 days of receiving 
permit to construct approvals from the District, or by July 1, 2011, 
whichever was earlier; and (3) install, maintain, and operate total 
enclosures and lead point source emission control devices) by July 1, 
2011. In addition, Rule 1420.1 requires expeditious installation of 
additional controls in the event monitored ambient lead concentrations 
exceed 0.15 [mu]g/m\3\ on a rolling 30 day average. EPA believes the 
measures and schedule in Rule 1420.1 are both reasonably available and 
provide for attainment as expeditiously as practicable in the Los 
Angeles County lead nonattainment area.
---------------------------------------------------------------------------

    \19\ See Lead NAAQS Rule, 73 FR 66964 (November 12, 2008) at 
67038-67039.
---------------------------------------------------------------------------

Adopted Control Strategies
    As described above, the primary control strategy in the 2012 Los 
Angeles County Lead SIP relies on emission reductions achieved through 
the implementation of SCAQMD Rule 1420.1--Emissions Standard for Lead 
from Large Lead-Acid Battery Recycling Facilities. Full implementation 
of Rule 1420.1 began on January 1, 2012, and EPA approved the rule into 
the SIP on January 25, 2013. See 78 FR 5305.
3. Proposed Actions on RACM/RACT Demonstration and Adopted Control 
Strategy
    We propose to find that there are, at this time, no additional RACM 
that individually or collectively would advance attainment of the lead 
NAAQS by one year or more in the Los Angeles County lead nonattainment 
area. We also propose to find that the RACM/RACT measure is both 
reasonably available and provides for attainment as expeditiously as 
practicable in the Los Angeles County lead nonattainment area. This 
proposal is based on our review of the 2012 Los Angeles County Lead 
SIP, the sources contributing to nonattainment of the lead NAAQS, the 
District's adopted control strategy and EPA guidance. Therefore, we 
propose to find that the 2012 Los Angeles County Lead SIP provides for 
the implementation of RACM/RACT as required by CAA section 172(c)(1).

D. Attainment Demonstration

1. Requirements for Attainment Demonstrations
    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 and RACM/RACT above and in the 
sections on air quality modeling and 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.
2. Air Quality Modeling in the 2012 Los Angeles County Lead SIP
    The lead attainment demonstration must include air quality 
dispersion modeling developed in accordance with EPA's Modeling 
Guidance.\20\ The SCAQMD modeling analysis was prepared using EPA's 
preferred dispersion modeling system, the American Meteorological 
Society/Environmental Protection Agency Regulatory Model (AERMOD) 
consisting of the AERMOD (version 12060) model and two data input 
preprocessors AERMET (version 11059) and AERMAP (version 11103). 
AERSURFACE (version 08009) was also used to develop inputs to AERMET. 
The Building Profile Input Program for Plume Rise Model Enhancements 
was also used in the downwash-modeling and incorporated good 
engineering practice. More detailed information on the AERMOD modeling 
system and other modeling tools and documents can be found on the EPA 
Technology Transfer Network Support Center for Regulatory Atmospheric 
Modeling (SCRAM) \21\ and in the 2012 Los Angeles County Lead SIP in 
the docket for today's proposed action.
---------------------------------------------------------------------------

    \20\ 40 CFR Part 51 Appendix W (EPA's Guideline on Air Quality 
Models) (November 2005) located at http://www.epa.gov/ttn/scram/guidance/guide/appw_05.pdf.
    \21\ http://www.epa.gov/ttn/scram/.
---------------------------------------------------------------------------

a. Modeling Approach
    The following is an overview of the lead modeling approach used in 
2012 Los Angeles County Lead SIP. This approach was developed by the 
SCAQMD and revised based on comments received from the EPA.
    Model inputs were developed using the AERMOD modeling system. 
AERMET was used to develop the necessary 5-year meteorological data set 
for each facility using the meteorological data from the most 
representative monitoring station. For

[[Page 75301]]

the Exide facility modeling application, the SCAQMD Central LA 
monitoring station was determined to be the most representative 
meteorological site. SCAQMD's rationale for the use of these data is 
described in the TSD for today's action. Only four years of 
meteorological data were available for this station (2006 to 2009). The 
La Habra monitoring station was determined to be the most 
representative site for the Quemetco facility, and five years (2005 to 
2009) of meteorological data were available. The National Weather 
Service San Diego Miramar Naval Air Station were determined to be the 
most representative upper air meteorological monitoring site for Exide 
and Quemetco.
    A Cartesian receptor grid with 50-meter by 50-meter spacing was 
used at each facility, in addition to fence-line receptors placed at 
25-meter intervals. Receptor elevations and hill heights were assigned 
using AERMAP and terrain data, available from the United States 
Geological Survey. AERMOD output was processed through EPA's LEADPOST 
post processor (version 12114) deriving the maximum 3-month average 
rolling design value across the 5-year meteorological data period for 
Quemetco, and the 4-year period for Exide.
b. Modeling Results
    Rule 1420.1 requirements were modeled to provide the assurance that 
emissions will not cause a NAAQS violation in 2015. The modeling 
results for total emissions (stack and fugitive emissions) are provided 
in the SIP for each facility, and are discussed below. The lead NAAQS 
compliance results of the attainment modeling are summarized below in 
Table 3, 2008 Lead NAAQS Attainment Demonstration Modeling Results for 
Exide and Quemetco Lead-Acid Battery Acid Recycling Facilities.
Stack Emissions
    The Rule 1420.1 emission stack limits for 2015 were modeled for 
Exide and Quemetco. For each facility, the 0.045 lb/hr total stack 
emissions were evenly distributed throughout the stacks, and emissions 
from any individual stack were kept below the 0.010 lb/hr per stack 
limit. The modeled maximum 3-month rolling average lead concentration 
from stack emissions alone for Exide is 0.115 [mu]g/m\3\. For Quemetco, 
the modeled maximum 3-month rolling average lead concentration from 
stack emissions is 0.083 [mu]g/m\3\. The 2015 modeled lead 
concentrations for the Quemetco facility are a conservative estimate of 
the impact because the modeling assumes the allowable stack emission 
limits set by Rule 1420.1, which are significantly higher than 
Quemetco's current stack emissions. No significant increases in actual 
emissions are expected beyond the modest growth factors used in the 
emission projection.
Fugitive Emissions
    According to Chapter 6 of the 2012 Los Angeles County Lead SIP, 
Exide identified fugitive lead emissions as resulting from its raw 
materials processing system (RMPS) and from roadways. Quemetco did not 
identify fugitive lead emission to SCAQMD, so SCAQMD assumed fugitive 
emissions from Quemetco's battery wrecking area (which SCAQMD assumed 
to be approximately equivalent to Exide's RMPS) and from roadways. For 
2015, for both Exide and Quemetco, SCAQMD relied on Rule 1420.1 
emission standards (in particular, a requirement to use an onsite 
mobile vacuum sweeper or equivalent), and applied an 80% reduction to 
the roadway fugitive emissions (based on an assumed efficiency of 80% 
or greater for certified street sweepers). SCAQMD assumed that fugitive 
emissions for Exide's RMPS and Quemetco's battery wrecker area would 
not change between the current year and 2015 and therefore applied the 
same emissions values to the current year and year 2015 for these 
areas.
    The modeling takes a number of relevant factors into consideration, 
including emissions, receptor proximity, and wind direction. The 
modeled maximum 3-month rolling average lead concentration from all 
emissions (stack and fugitive emissions combined) is 0.135 [mu]g/m\3\ 
for the Exide facility, and 0.140 [mu]g/m\3\ for Quemetco.
3. Attainment Demonstration
    The AERMOD modeling results are presented in Table 3 below. A 
background ambient air quality concentration of 0.01 [mu]g/m\3\, based 
on air quality monitoring data from the South Coast AQMD network,\22\ 
is included in the modeling results. The maximum modeled 3-month 
rolling average, including background data, for each of the facilities 
is less than or equal to the 2008 Lead NAAQS of 0.15 [mu]g/m\3\. Based 
on these modeled attainment demonstration results, the SCAQMD concludes 
that the proposed controls should be sufficient to attain the 2008 lead 
NAAQS. A more detailed discussion of the modeling is included in the 
TSD for today's action and in Chapter 5 of the 2012 Los Angeles County 
Lead SIP.
---------------------------------------------------------------------------

    \22\ SCAQMD's monitoring network lead design values for 2012, 
based on data from 2010, 2011 and 2012.

 Table 3--2008 Lead NAAQS Attainment Demonstration Modeling Results for
   Exide and Quemetco Lead-Acid Battery Acid Recycling Facilities \23\
------------------------------------------------------------------------
                                             Lead concentration (maximum
                                                   3-month rolling
                 Facility                      average),\24\ stack and
                                                  fugitive emission
------------------------------------------------------------------------
Exide.....................................  0.135 [mu]g/m \3\
Quemetco..................................  0.140 [mu]g/m \3\
------------------------------------------------------------------------

     
---------------------------------------------------------------------------

    \23\ Final results listed in Table 3 are rounded according to 40 
CFR part 50, Appendix R; specifically subsection 4(a) which 
addresses comparison with the Lead NAAQS, as well as 5(a), (b), and 
(c) which addresses rounding conventions.
    \24\ The maximum modeled 3-month rolling average across all 
years of meteorological data (Exide 2006-2009, and Quemetco 2005-
2009).
---------------------------------------------------------------------------

4. Proposed Action on Attainment Demonstration
    EPA has reviewed the modeling that SCAQMD submitted to support the 
attainment demonstration for 2012 Los Angeles County Lead SIP and has 
preliminarily determined that this modeling is consistent with CAA 
requirements, Appendix W, and EPA guidance for lead attainment 
demonstration modeling. We therefore propose to approve the modeling 
and attainment demonstration in the 2012 Los Angeles County Lead SIP.

E. RFP Demonstration

1. Requirements for RFP
    CAA section 172(c)(2) requires that attainment plans shall provide 
for RFP. RFP is defined in section 171(1) as ``such annual incremental 
reductions in emissions of the relevant air pollutant as are required 
by this part or may reasonably be required by the Administrator for the 
purpose of ensuring attainment of the applicable national ambient air 
quality standard by the applicable date.'' While for some pollutants, 
historically, RFP has been met through generally linear incremental 
progress toward attainment by the applicable attainment date, EPA 
believes that RFP for lead nonattainment areas should be met by 
``adherence to an ambitious compliance schedule'' which is expected to 
periodically yield significant emission reductions, and as appropriate, 
linear progress.\25\
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    \25\ 73 FR 66964, at p. 67038.
---------------------------------------------------------------------------

    EPA recommends that SIPs for lead nonattainment areas provide a 
detailed schedule for compliance of RACM

[[Page 75302]]

(including RACT) in the affected areas and accurately indicate the 
corresponding annual emission reductions to be achieved.\26\ EPA 
expects that a detailed schedule would provide for periodic yields in 
significant emissions reductions.\27\ In reviewing the SIP, EPA 
believes that it is appropriate to expect early implementation of less 
technology-intensive control measures (e.g., controlling fugitive dust 
emissions at the stationary source, as well as required controls on 
area sources) while phasing in the more technology-intensive control 
measures, such as those involving the purchase and installation of new 
hardware. We believe the expeditious implementation of RACM/RACT at 
affected sources within the nonattainment area is an appropriate 
approach to assure attainment of the lead NAAQS in an expeditious 
manner.\28\
---------------------------------------------------------------------------

    \26\ Lead Q&A, p. 2.
    \27\ Ibid.
    \28\ See 73 FR 66964 (November 12, 2008) at 67038-67039.
---------------------------------------------------------------------------

2. RFP Demonstration in the 2012 Los Angeles County Lead SIP
    The RFP demonstration is contained in Chapter 6 of the 2012 Los 
Angeles County Lead SIP. The demonstration uses the 2010 actual 
emissions inventory as the base year inventory and 2012-2015 projected 
emissions based on Rule 1420.1 allowable emissions limits. Below we 
summarize the RFP demonstration in the 2012 Los Angeles County Lead SIP 
for both the Exide and Quemetco facilities.\29\
---------------------------------------------------------------------------

    \29\ See 2012 Los Angeles County Lead SIP, pages 6-14 to 6-17.
---------------------------------------------------------------------------

    To demonstrate the emissions reductions associated with adherence 
to an ambitious compliance schedule and expeditious implementation of 
control measures, SCAQMD has addressed this requirement through the 
schedules in Rule 1420.1. Rule 1420.1 contains compliance deadlines of 
July 1, 2011 for implementation of all requisite control measures and 
emissions limits, and January 1, 2012 for the ambient monitoring limit 
of 0.15 [mu]g/m\3\. The emissions reductions associated with Rule 
1420.1 are presented in Table 4 below. By the time the 2012 Los Angeles 
County Lead SIP was submitted to EPA in June of 2012, most compliance 
deadlines in South Coast Rule 1420.1 were already in effect.

                           Table 4--2012 Los Angeles County Lead SIP RFP Demonstration
                                              [Emissions in lb/yr]
----------------------------------------------------------------------------------------------------------------
                                                                        2012 Emissions
                                                                            (after
                   Facility                       2010  Emissions     implementation  of       2015 Emissions
                                                (actual emissions)     south coast  rule
                                                                            1420.1)
----------------------------------------------------------------------------------------------------------------
Exide........................................                 655.5             \a\ 437.4                
yr) resulting from implementation of South Coast Rule 1420.1. 
Quemetco's actual emissions in 2010 were 96.21 lbs/year, well below the 
422.3 lbs/yr allowed based on requirements in Rule 1420.1.\30\ With 
continued implementation of Quemetco's control measures, emissions are 
expected to stay well below 422.3 lbs/yr, as indicated in Table 4.
---------------------------------------------------------------------------

    \30\ Between 2006 and 2008, Quemetco significantly reduced 
actual emissions at their facility. In response to requirements 
under California Assembly Bill 2588 (The Air Toxics ``Hot Spots'' 
Information and Assessment Act), Quemetco submitted a Health Risk 
Assessment (HRA) to SCAQMD in December 2005. To reduce toxic 
emissions of metals (including lead) and particles identified in the 
HRA, Quemetco installed a wet electrostatic precipitator (WESP) that 
became fully operational and approved by SCAQMD in October 2008. The 
WESP, combined with other facility changes, significantly reduced 
lead emissions compared to prior years (e.g., 643 lbs reported by 
Quemetco for 2006).
---------------------------------------------------------------------------

    Rule 1420.1 was determined to meet RACM (see 78 FR 5305, January 
25, 2013 and that determination is affirmed in today's action), and the 
emissions reductions resulting from implementation of Rule 1420.1 serve 
to meet the RFP requirements of the lead NAAQS.
3. Proposed Action on the RFP Demonstration
    We propose to find that the State has demonstrated that the 2012 
Los Angeles County Lead SIP meets the requirements of section 172(c)(2) 
and relevant EPA guidance for meeting RFP.

F. Contingency Measures

1. Requirements for Contingency Measures
    Under CAA section 172(c)(9), all lead attainment plans must include 
contingency measures to be implemented if an area fails to meet RFP 
(``RFP contingency measures'') and contingency measures to be 
implemented if an area fails to attain the lead NAAQS by the applicable 
attainment date (``attainment contingency measures''). These 
contingency measures must be fully adopted rules or control measures 
that are ready to be implemented quickly without significant additional 
action by the State or EPA if the area fails to meet RFP requirements 
or fails to meet its attainment date. They must also be measures not 
relied on to demonstrate RFP or attainment in the plan and should 
provide SIP-creditable emissions reductions generally equivalent to 
about one year's worth of RFP. Finally, the SIP should contain a 
trigger mechanism for the contingency measures and specify a schedule 
for their implementation. See CAA section 172(c)(9).
    Contingency measures can include federal measures and local 
measures already scheduled for implementation that provide emissions 
reductions in excess of those needed to provide for RFP or expeditious 
attainment. EPA has approved numerous SIPs under this interpretation. 
See, e.g., 62 FR 15844, April 3, 1997; 62 FR 66279, December 18, 1997; 
66 FR 30811, June 8, 2001; 66 FR 586 and 66 FR 634, January 3, 2001. 
EPA recognizes that certain actions, such as the notification of 
sources, modification of permits, etc., may be needed before a measure 
could be implemented. However, states must show that their contingency 
measures can be implemented with only minimal further action on their 
part and with no additional rulemaking actions such as public hearings 
or legislative review.
    After EPA determines that a lead nonattainment area has failed to

[[Page 75303]]

maintain RFP or timely attain the lead NAAQS, EPA generally expects all 
actions needed to affect full implementation of the contingency 
measures to occur within 60 days after EPA notifies the state of such 
failure.\31\ The state should ensure that the measures are fully 
implemented as expeditiously as practicable after the requirement takes 
effect.
---------------------------------------------------------------------------

    \31\ 73 FR 66964, at p. 67039.
---------------------------------------------------------------------------

    If a State chooses to implement contingency measures earlier than 
would be triggered by a failure to demonstrate RFP or to attain, EPA 
does not believe the State needs to adopt additional contingency 
measures as a backfill for the early activation of those contingency 
measures.\32\ However, if the area fails to demonstrate RFP or to 
attain, then the State will need to adopt additional contingency 
measures.\33\
---------------------------------------------------------------------------

    \32\ See Memorandum, G.T. Helms, EPA Office of Air Quality 
Planning and Standards, USEPA, to Air Branch Chiefs, EPA Regions I-
X, ``Early Implementation of Contingency Measures for Ozone and 
Carbon Monoxide (CO) Nonattainment Areas,'' dated August 13, 1993. 
http://www.epa.gov/ttn/oarpg/t1/memoranda/19930813_helms_contingency_measures_early_implementation.pdf and EPA's Lead Q&A.
    \33\ Ibid.
---------------------------------------------------------------------------

2. Contingency Measures in the 2012 Los Angeles County Lead SIP
    The attainment plan for the Los Angeles County lead nonattainment 
area includes contingency measures to be implemented if the area fails 
to meet RFP requirements or to attain by its attainment date. The 
contingency measures for the Los Angeles County lead nonattainment area 
can be found in Chapter 6 of the 2012 Los Angeles County Lead SIP.\34\ 
They are described below.
---------------------------------------------------------------------------

    \34\ See 2012 Los Angeles County Lead SIP, pp. 6-3 to 6-14.
---------------------------------------------------------------------------

    SCAQMD included facility-specific contingency measures for Exide 
and Quemetco in the 2012 Los Angeles County Lead SIP.\35\ This is 
appropriate, given that these sources have historically been the major 
cause of NAAQS violations in the Los Angeles County lead nonattainment 
area.
---------------------------------------------------------------------------

    \35\ See 2012 Los Angeles County Lead SIP, Chapter 6, pages 6-10 
through 6-13.
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Exide
    For the Exide facility, SCAQMD has submitted conditions 8A and 8B 
of the Exide compliance plan that was submitted to SCAQMD on December 
20, 2011, and approved by SCAQMD on January 27, 2012 to EPA for 
inclusion in the SIP.\36\ These measures state that as of March 31, 
2012, if monitored ambient lead concentrations exceed 0.15 [mu]g/m\3\ 
on a rolling 30-day average at any SCAQMD or SCAQMD-approved ambient 
monitor, Exide shall implement, individually or in combination, 
mitigation measures to address the specific problem causing the ambient 
value to exceed 0.15 [mu]g/m\3\ on a rolling 30-day average.
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    \36\ See letter, Jay Chen, P.E., Senior Engineering Manager, 
Engineering and Compliance, SCAQMD, to Corey Vodvarka, Plant 
Manager, Exide Technologies, dated January 27, 2012 and Exide 
compliance plan dated December 15, 2011, as modified January 20, 
2012 in the docket for today's action.
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    The specific mitigation measures are described below. The 
mitigation measures can be implemented individually or in combination 
based on the specific situation surrounding the exceedance of the 
trigger concentration.
    Condition 8A: Install an additional room ventilation baghouse or 
dust collector, equipped with a second stage high efficiency 
particulate air (HEPA) filter, with sufficient blower capacity to move 
a minimum of 50,000 cubic feet per minute (CFM) of air from one or more 
of the following locations:
    a. The battery crusher room in the north end of the RMPS building.
    b. The truck loading and unloading dock on the south end of the 
RMPS building.
    c. The furnace room in the smelter building.
    d. The cupola feed room in the south end of the smelter building.
    As an alternative to adding additional ventilation with individual 
baghouses or dust collectors, Exide may install a single larger air 
pollution control system with at least 200,000 CFM of blower capacity 
to cover all four of these locations.
    Condition 8B: Install second stage HEPA filters on one or more of 
the following air pollution control systems:
    a. The hard lead refinery baghouse (device C47).
    b. The soft lead refinery baghouse (device C46).
    c. The MAC baghouses venting the RMPS building (devices C156 and 
C157).
    d. The cupola furnace feed room baghouse (device C48).
    According to the requirements of South Coast Rule 1420.1, Exide 
must submit these measures to SCAQMD for approval within 15 days of a 
triggering occurrence.\37\
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    \37\ Chen, p. 3.
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    These measures are in addition to the measures specified in South 
Coast Rule 1420.1. The trigger mechanism is an ambient lead 
concentration exceeding 0.15 [mu]g/m\3\ on a rolling 30-day average, 
which is more stringent than a NAAQS violation of 0.15 [mu]g/m\3\ on a 
rolling 3-month average.\38\
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    \38\ For current information about recent controls that have 
been installed or will be installed at Exide see www.aqmd.gov/prdas/AB2588/Exide/Exide.html.
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Quemetco
    In accordance with the Helms memo on early implementation of 
contingency measures, Quemetco's contingency measure is a control 
measure that is not needed for RFP or attainment.\39\ Quemetco has 
installed a wet electrostatic precipitator (WESP) device as a secondary 
control device for air contaminants such as lead present in the gas 
stream as condensable particulates. For Quemetco, the proper design and 
operation of the WESP serves as the contingency measure. The WESP has 
already been implemented, thus no trigger or implementation schedule is 
needed. The WESP goes beyond what is required under South Coast Rule 
1420.1, and the reductions provided by the measure are not included in 
or needed for the RFP or attainment demonstrations.
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    \39\ See footnote 21.
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3. Proposed Action on the Contingency Measures
    We propose to find that the State has demonstrated that the 2012 
Los Angeles County Lead SIP meets the requirements of section 172(c)(9) 
and relevant EPA guidance for contingency measures that would be 
triggered for failure to make RFP and for failure to attain.

V. EPA's Proposed Action and Request for Public Comments

A. EPA's Proposed Approvals

    For the reasons discussed above, EPA is proposing to approve 
California's attainment SIP for the Los Angeles County lead 
nonattainment area for the 2008 lead NAAQS. This SIP submittal 
addresses CAA requirements and EPA regulations for expeditious 
attainment of the 2008 lead NAAQS for the Los Angeles County lead 
nonattainment area.
    For the reasons discussed in this proposed rulemaking, EPA is 
proposing to approve under CAA section 110(k)(3) the following elements 
of the South Coast lead attainment SIP:
    1. The SIP's base year emissions inventory as meeting the 
requirements of CAA section 172(c)(3) and 40 CFR 51.117(e)(1);
    2. the attainment demonstration, including air quality modeling, 
that demonstrates attainment as expeditiously as practicable, as 
meeting

[[Page 75304]]

the requirements of CAA section 172(c)(1);
    3. the RACM/RACT demonstration, as meeting the requirements of CAA 
section 172(c)(1);
    4. the RFP demonstration, as meeting the requirements of CAA 
section 172(c)(2);
    5. and contingency measures as meeting the requirements of the CAA 
section 172(c)(9).

B. Request for Public Comments

    We are taking public comments for thirty days following the 
publication of this proposed rule in the Federal Register. We will take 
all comments into consideration in our final rule.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submittal 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 
proposed 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 proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, October 7, 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, 
this proposed rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP 
is not approved to apply in Indian country located in the State, and 
EPA notes that it will not impose substantial direct costs on tribal 
governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: November 26, 2013.
Jared Blumenfeld,
Regional Administrator, EPA Region IX.
[FR Doc. 2013-29583 Filed 12-10-13; 8:45 am]
BILLING CODE 6560-50-P
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