Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Proposed Rules 75293 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

Bombardier, Inc.: Docket No. FAA–2013– 

1025; Directorate Identifier 2013–NM– 

096–AD. 

(a) Comments Due Date 

We must receive comments by January 27, 

2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Bombardier, Inc., 

Model DHC–8–102, –103, –106, –201, –202, 

–301, –311, and –315 airplanes; certificated 

in any category; serial numbers 003 through 

672 inclusive with a beta warning horn 

(BWH) (Mod 8/2852) incorporated; except for 

airplanes that have incorporated Bombardier 

option CR873CH00003, CR873CH00005, 

CR873SOO8112, or MS8Q902206. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 31, Instruments; Code 76, 

Engine Controls. 

(e) Reason 

This AD was prompted by a report of a 

BWH system failing to activate when the beta 

mode was triggered. We are issuing this AD 

to prevent the inadvertent activation of 

ground beta mode during flight, which could 

lead to engine overspeed, engine damage or 

failure, and consequent reduced 

controllability of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Terminating Modification 

Within 6,000 flight hours or 36 months, 

whichever occurs first, after the effective date 

of this AD: Modify the BWH microswitch 

installation by replacing the existing BWH 

microswitch installation bracket with a new 

bracket having part number 87610164–003, 

in accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

8–76–33, dated December 13, 2012. 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), ANE–170, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. If sending information 

directly to the ACO, send it to ATTN: 

Program Manager, Continuing Operational 

Safety, FAA, New York ACO, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 11590; 

telephone 516–228–7300; fax 516–794–5531. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer, use these actions if they are 

FAA-approved. Corrective actions are 

considered FAA-approved if they were 

approved by the State of Design Authority (or 

its delegated agent, or by the Design 

Approval Holder with a State of Design 

Authority’s design organization approval). 

For a repair method to be approved, the 

repair approval must specifically refer to this 

AD. You are required to ensure the product 

is airworthy before it is returned to service. 

(i) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Canadian 

Airworthiness Directive CF–2012–01R1, 

dated March 6, 2013, for related information. 

This MCAI may be found in the AD docket 

on the Internet at http://www.regulations.gov 

by searching for and locating it in Docket No. 

FAA–2013–1025. 

(2) For service information identified in 

this AD, contact Bombardier, Inc., Q-Series 

Technical Help Desk, 123 Garratt Boulevard, 

Toronto, Ontario M3K 1Y5, Canada; 

telephone 416–375–4000; fax 416–375–4539; 

email thd.qseries@aero.bombardier.com; 

Internet http://www.bombardier.com. You 

may view copies of this referenced service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on 

November 29, 2013. 

Johm P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–29513 Filed 12–10–13; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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: 


emcdonald on DSK67QTVN1PROD with PROPOSALS
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1See 43 FR 46246, October 5, 1978. 

2For an exact description of the Los Angeles 

County lead nonattainment area, see 40 CFR 81.305. 

• 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 stilldeveloping 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 (mg/m3) as a quarterly average.1

Based on new health and scientific data, 

EPA revised the federal lead standard to 

0.15 mg/m3 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 mg/m3

averaged over a 3-month rolling period. 

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

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 


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3See 73 FR 66964 (November 12, 2008). 

4See SCAQMD Governing Board Resolution No. 

12–11. 

5See CARB Board Resolution No. 12–20. 

6See 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. 

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

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

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). 

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 


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7All three of these guidance documents can be 

found in the docket for today’s action. 

8Lead Q&A, p. 4. 

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. 

10Additional 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. 

11For 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 

• 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

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

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

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. 

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 


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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. 

12Lead 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 mg/m3. 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. 

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. 

TABLE 1—SUMMARY OF LOS ANGELES COUNTY NONATTAINMENT AREA 2010 EMISSIONS INVENTORY FOR LEAD

Source category 

Lead 

emissions a

(tpy) 

2010 

Stationary and Area ................................................................................................................................................................. 14.0 

On-road Mobile ........................................................................................................................................................................ 0.2 

Off-road Mobile ........................................................................................................................................................................ 4.0 

Total .................................................................................................................................................................................. 18.2 

aSource: 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. 

TABLE 2—CATEGORY-SPECIFIC LOS ANGELES COUNTY NONATTAINMENT AREA 2010 EMISSIONS INVENTORY FOR LEAD

Source category 

2010 Lead 

emissions 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


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13See for example, 44 FR 53761 (September 17, 

1979) and footnote 3 of that notice. 

14Exide is the largest stationary source emitter of 

lead in Los Angeles County with 2010 emissions of 

655.5 pounds or approximately 0.3 tpy. 

15As 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. 

TABLE 2—CATEGORY-SPECIFIC LOS ANGELES COUNTY NONATTAINMENT AREA 2010 EMISSIONS INVENTORY FOR LEAD— 

Continued 

Source category 

2010 Lead 

emissions a

(tpy) 

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 

aSource: 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

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 sourceoriented 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. 

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-threedays 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 


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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. 

17TSD 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. 

18Staff Report, Proposed Rule 1420.1—Emissions 

Standard for Lead from Large Lead-Acid Battery 

Recycling Facilities, November, 2010. 

source’s monitoring indicates ambient 

levels have reached 0.12 mg/m3, 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

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. 

The following provides a detailed 

description of Rule 1420.1 

requirements. 

D 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 mg/m3 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. 

D 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 sourceoriented 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 mg/m3

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. 

D Total Enclosures: All areas used in 

the lead-acid battery recycling operation 

for processing or storage of leadcontaining 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. 

D 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 mg/m3. 

D 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. 

D 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. 

D 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 


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19See Lead NAAQS Rule, 73 FR 66964 

(November 12, 2008) at 67038–67039. 

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. 

21http://www.epa.gov/ttn/scram/. 

planned and unplanned shutdowns, and 

turnarounds. 

D 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 

mg/m3 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 mg/m3 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 mg/m3 NAAQS (which is measured 

on a 90-day rolling average) and are 

ready for fast implementation if the 0.15 

mg/m3 standard NAAQS is exceeded. 

D 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 mg/m3, 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. 

D 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 mg/m3

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. 

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. 

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 


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22SCAQMD’s monitoring network lead design 

values for 2012, based on data from 2010, 2011 and 

2012. 

23Final 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. 

24The maximum modeled 3-month rolling 

average across all years of meteorological data 

(Exide 2006–2009, and Quemetco 2005–2009). 

25 73 FR 66964, at p. 67038. 

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 mg/m3. For 

Quemetco, the modeled maximum 3- 

month rolling average lead 

concentration from stack emissions is 

0.083 mg/m3. 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 mg/m3 for the Exide 

facility, and 0.140 mg/m3 for Quemetco. 

3. Attainment Demonstration 

The AERMOD modeling results are 

presented in Table 3 below. A 

background ambient air quality 

concentration of 0.01 mg/m3, 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 mg/m3. 

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. 

TABLE 3—2008 LEAD NAAQS ATTAINMENT DEMONSTRATION MODELING

RESULTS FOR EXIDE AND

QUEMETCO LEAD-ACID BATTERY

ACID RECYCLING FACILITIES 23

Facility 

Lead concentration (maximum 3- 

month rolling average),24 stack 

and fugitive emission 

Exide ....... 0.135 μg/m 3

Quemetco 0.140 μg/m 3

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

EPA recommends that SIPs for lead 

nonattainment areas provide a detailed 

schedule for compliance of RACM 


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26Lead Q&A, p. 2. 

27 Ibid. 

28See 73 FR 66964 (November 12, 2008) at 

67038–67039. 

29See 2012 Los Angeles County Lead SIP, pages 

6–14 to 6–17. 

30Between 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). 

(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 technologyintensive 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

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

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 mg/m3. 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] 

Facility 

2010 

Emissions 

(actual emissions) 

2012 Emissions 

(after implementation 

of south coast 

rule 1420.1) 

2015 Emissions 

Exide ...................................................................................................... 655.5 a 437.4 ≤437.4 

Quemetco .............................................................................................. 96.2 a b 98.1 a b 107.7 

aTotal emissions based on requirements in South Coast Rule 1420.1. 

b 2010 emissions were grown based on the growth factor in the South Coast 2007 Air Quality Management Plan. 

RFP for Exide is demonstrated 

through the achievement of a 30 percent 

emissions reduction (i.e., 655.5 tpy – 

437.4 tpy = 218.1 lbs/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. 

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 


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31 73 FR 66964, at p. 67039. 

32See 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. 

34See 2012 Los Angeles County Lead SIP, pp. 6– 

3 to 6–14. 

35See 2012 Los Angeles County Lead SIP, 

Chapter 6, pages 6–10 through 6–13. 

36See 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. 

37Chen, p. 3. 

38For current information about recent controls 

that have been installed or will be installed at Exide 

see www.aqmd.gov/prdas/AB2588/Exide/

Exide.html. 

39See footnote 21. 

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. 

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

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. 

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. 

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 mg/m3

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 mg/m3 on 

a rolling 30-day average. 

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

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 mg/m3 on a rolling 30-day average, 

which is more stringent than a NAAQS 

violation of 0.15 mg/m3 on a rolling 3- 

month average.38

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. 

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 


emcdonald on DSK67QTVN1PROD with PROPOSALS
75304 Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Proposed Rules 

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 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 411 

[CMS–6061–ANPRM] 

RIN 0938–AR88 

Medicare Program; Medicare 

Secondary Payer and Certain Civil 

Money Penalties 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: This advance notice of 

proposed rulemaking (ANPRM) solicits 

public comment on specific practices 

for which civil money penalties (CMPs) 

may or may not be imposed for failure 

to comply with Medicare Secondary 

Payer reporting requirements for certain 

group health and non-group health 

plans arrangements. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. on February 10, 2014. 

ADDRESSES: In commenting, please refer 

to file code CMS–6061–ANPRM. 

Because of staff and resource 

limitations, we cannot accept comments 

by facsimile (FAX) transmission. 

You may submit comments in one of 

four ways (please choose only one of the 

ways listed). 

1. Electronically. You may submit 

electronic comments on this regulation 

to http://www.regulations.gov. Follow 

the instructions under the ‘‘More Search 

Options’’ tab. 

2. By regular mail. You may mail 

written comments to the following 

address ONLY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–6061–ANPRM, P.O. Box 8013, 

Baltimore, MD 21244–8013. Please 

allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments to the 

following address ONLY: Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services, Attention: CMS–6061– 

ANPRM, Mail Stop C4–26–05, 7500 

Security Boulevard, Baltimore, MD 

21244–1850. 

4. By hand or courier. If you prefer, 

you may deliver (by hand or courier) 

your written comments before the close 

of the comment period to either of the 

following addresses: 

a. For delivery in Washington, DC— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Room 445–G, Hubert 

H. Humphrey Building, 200 

Independence Avenue SW., 

Washington, DC 20201. (Because access 

to the interior of the Hubert H. 

Humphrey Building is not readily 

available to persons without Federal 

government identification, commenters 

are encouraged to leave their comments 

in the CMS drop slots located in the 

main lobby of the building. A stamp-in 

clock is available for persons wishing to 

retain a proof of filing by stamping in 

and retaining an extra copy of the 

comments being filed.) 

b. For delivery in Baltimore, MD— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

If you intend to deliver your comments 

to the Baltimore address, please call 

telephone number (410) 786–9994 in 

advance to schedule your arrival with 

one of our staff members. 

Comments mailed to the addresses 

indicated as appropriate for hand or 

courier delivery may be delayed and 

received after the comment period. 


emcdonald on DSK67QTVN1PROD with PROPOSALS