## STATE IMPLEMENTATION PLAN REVISION

FOR FEDERAL LEAD STANDARD

INFRASTRUCTURE REQUIREMENTS

Release Date: August 23, 2011 Hearing Date: September 22, 2011



# Air Resources Board California Environmental Protection Agency[This page intentionally blank]TABLE OF CONTENTS

Page

INTRODUCTION ......................................

................................................... ................ 1

OVERVIEW ..........................................

................................................... .................... 1

APPENDIX A: STATE IMPLEMENTATION PLAN REVISION FOR FEDERAL
LEAD STANDARD INFRASTRUCTURE REQUIREMENTS

Emission Limits and Other Control Measures (§110(a) (2)(A)) .................................. A-1 Ambient Air Quality Monitoring/Data System (§110(a) (2)(B)) ................................... A-2 Programs for Enforcement, PSD, and NSR (§110(a)(2)( C)) ..................................... A-4 Interstate and International Transport Provisions ( §110(a)(2)(D)) ............................ A-6 Adequate Personnel, Funding, and Authority (§110(a) (2)(E)) .................................. A-7 Stationary Source Monitoring and Reporting (§110(a) (2)(F)) ................................... A-8 Emergency Episodes (§110(a)(2)(G)) ................

................................................... ... A-9 Future SIP Revisions (§110(a)(2)(H)) ..............

................................................... .... A-10 Consultation with Government Officials, Public Noti fication, PSD, and Visibility Protection (§110(a)(2)(J))

.................................................. .. A-11 Air Quality Modeling/Data (§110(a)(2)(K)) .........

................................................... .. A-12 Permitting Fees (§110(a)(2)(L)) ...................

................................................... ........ A-13 Consultation/Participation by Affected Local Entiti es (§110(a)(2)(M)) ..................... A-13

iLIST OF TABLES

Page

TABLE 1: Required Infrastructure SIP Elements ....

................................................... . 2

APPENDIX A: STATE IMPLEMENTATION PLAN REVISION FOR FEDERAL
LEAD STANDARD INFRASTRUCTURE REQUIREMENTS

TABLE A-1: Population Exposure Lead Monitoring Sit es in California .................... A-3 TABLE A-2: California Airports Participating in U. S. EPA Pilot Lead Monitoring Study .....

................................................... .............. A-3 TABLE A-3: California Districts with SIP-Approved PSD Lead Rules ...................... A-5

iiOVERVIEW

The purpose of this report is to provide a revision to the infrastructure portion of California’s State Implementation Plan (SIP). The revision is r equired under the federal Clean Air Act (CAA) and is limited to changes that specifically a ddress the national ambient air quality standard for lead (federal lead standard). It cont ains no changes for any other air pollutant. The following paragraphs provide background on the federal lead standard and requirements for the infrastructure portion of the SIP. The act ual language of the SIP revision is provided in Appendix A: State Implementation Plan Revision for Federal Lead Standard Infrastructure Requirements.

INTRODUCTION

On October 15, 2008, the United States Environmenta l Protection Agency (U.S. EPA) revised

the federal lead standard. The revised standard of 0.15 micrograms per cubic meter (μg/m 3 ), averaged over a three-month period, is 90 percent m ore stringent than the former 1.5 μg/m 3

standard and carries several new requirements with it. When U.S. EPA promulgates a new standard or, as in the case of lead, revises an exi sting standard, CAA Section 110(a)(1) requires each state to revise their SIP to show the y have the authority and programs needed to implement, maintain, and enforce the standard, r egardless of designation status. This documentation is submitted to U.S. EPA for approval and is generally referred to as an

Infrastructure SIP. States must submit an Infrastr ucture SIP within three years after a federal standard is adopted or revised. California’s Lead Infrastructure SIP is due to U.S. EPA by October 15, 2011.

California has already addressed most of the infras tructure requirements in a comprehensive Infrastructure SIP submitted in response to the CAA of 1970 and approved by U.S. EPA in 1979 (40 Code of Federal Regulations 52.220). The Air Resources Board (ARB or Board)

submitted amendments to the Infrastructure SIP to c omply with revisions to the federal 8-hour ozone standard and federal PM2.5 standard, but U.S. EPA has not yet acted fully on these

revisions. The revision for the 2008 federal lead standard continues to affirm the Board’s commitment to comply with CAA requirements. In add ition, the revision responds to new elements required by U.S. EPA’s 2008 revision of th e federal lead standard, including new lead monitoring requirements, stationary source lea d permitting requirements, and development of an emergency episode plan for lead.

The specific elements required for the Lead Infrast ructure SIP are listed in CAA Section 110(a)(2). Table 1 lists the page number i n Appendix A where each element is addressed. As mentioned earlier, the Lead Infrastr ucture SIP becomes part of the overall

statewide SIP.

1TABLE 1
REQUIRED INFRASTRUCTURE SIP ELEMENTS

Infrastructure SIP Element Clean Air Act Requirement Element Description

Emission Limits and Other Control Measures §110(a)( 2)(A) Page A-1

Ambient Air Quality Monitoring/Data System §110(a)( 2)(B) Page A-2

Programs for Enforcement, PSD, and NSR §110(a)(2)(C ) Page A-4

Interstate and International Transport

Provisions §110(a)(2)(D) Page A-6

Adequate Personnel, Funding, and Authority §110(a)( 2)(E) Page A-7

Stationary Source Monitoring and Reporting §110(a)( 2)(F) Page A-8

Emergency Episodes §110(a)(2)(G) Page A-9

Future SIP Revisions §110(a)(2)(H) Page A-10

Consultation with Government Officials, Public Notification, PSD, and Visibility Protection §110(a)(2)(J) Page A-11

Air Quality Modeling/Data §110(a)(2)(K) Page A-12

Permitting Fees §110(a)(2)(L) Page A-13

Consultation/Participation by Affected Local

Entities §110(a)(2)(M) Page A-13

In addition to the infrastructure requirements, U.S . EPA designates areas as attainment, nonattainment, or unclassifiable to facilitate subs equent planning efforts to attain the federal standards. When a new standard is adopted or an ex isting standard is revised, states have one year to submit area designation recommendations . ARB submitted area designation

recommendations for the revised federal lead standa rd on October 15, 2009. A copy of the staff report is available on ARB’s website at http://www.arb.ca.gov/desig/feddesig.htm

. U.S. EPA promulgated final area designations for le ad one year later. Only one area in California, the Los Angeles County portion of the S outh Coast Air Basin, excluding the Channel Islands, is designated as nonattainment for the federal lead standard. A lead

nonattainment SIP for this area is due to U.S. EPA on June 30, 2012. All other areas of the State are designated as unclassifiable.

2

### APPENDIX A

STATE IMPLEMENTATION PLAN REVISION

FOR FEDERAL LEAD STANDARD
INFRASTRUCTURE REQUIREMENTS[This page intentionally blank]Appendix A Page A-1 APPENDIX A State Implementation Plan Revision for Federal Lead Standard Infrastructure Requiremen ts

Emission Limits and Other Control Measures [§110(a )(2)(A)]

This section requires states to establish emission control measures and programs that limit lead emissions.

No additional statewide control measures or program s are needed to comply with the national ambient air quality standard for lead (federal lead standard). However, control measures aimed at reducing lead emissions from large lead pr ocessing facilities in the South Coast Air Basin will be part of the South Coast Air Quality M anagement District’s (South Coast District)

lead nonattainment SIP that is due to the United St ates Environmental Protection Agency (U.S. EPA) in June 2012.

Discussion

When U.S. EPA first adopted a lead standard in 1978 , it was estimated that over 90 percent of

ambient lead concentrations were attributable to th e use of lead in gasoline. The phase-out of lead in gasoline began during the 1970s, and Air Re sources Board (ARB) regulations (California Code of Regulations (CCR), title 13, se ction 2253.4) virtually eliminated lead from gasoline sold in California starting January 1, 199 2. The Clean Air Act (CAA) Amendments of

1990 mandated the elimination of lead from all U.S. motor fuel by January 1, 1996, specifying the same 0.05 grams of lead per gallon limit as the California regulations. As a result of these State and federal regulations, maximum monthly aver age lead concentrations measured at ambient population-oriented monitors are now 99 per cent lower – about 10 micrograms per cubic meter (μg/m 3 ) in the mid-1970s compared with 0.04 μg/m 3 or less, now. These monthly average concentrations are well below the level of the three-month average specified in the

2008 federal lead standard. The State and federal regulations will continue to provide the basic framework needed to ensure long-term attainme nt and maintenance of the federal lead standard on a statewide level, with the exception o f the Los Angeles County portion of the

South Coast Air Basin.

In contrast to the rest of the State, the Los Angel es County portion of the South Coast Air Basin is the only area in California impacted by lo cal, stationary source lead emissions. Furthermore, it is the only area in California desi gnated as nonattainment for the 2008 federal lead standard. The South Coast District has jurisd iction over stationary sources in the nonattainment area and has been proactive in mitiga ting their impact on ambient lead concentrations. On September 11, 1992, the South C oast District adopted Rule 1420 - Emissions Standard for Lead. Rule 1420 specifies e mission limits, control requirements, monitoring requirements, modeling requirements, rec ordkeeping requirements, and reporting requirements for lead, and it applies to all facili ties in the South Coast Air Basin that use or process lead-containing materials. In addition to Rule 1420, the South Coast District adopted Rule 1420.1 on November 5, 2010. Rule 1420.1 appli es specifically to large lead-acid battery recycling facilities, which have been identified as the source of the Los Angeles County

federal lead standard violations. These rules will be discussed in more detail in the South

Coast District lead nonattainment SIP.Appendix A Page A-2

Ambient Air Quality Monitoring/Data System [§110(a )(2)(B)]

This section requires states to monitor, compile, a nd analyze ambient lead concentrations and provide the data to U.S. EPA.

Current monitoring requirements for lead include po pulation-oriented or exposure monitoring, source-oriented monitoring, and a pilot program for monitoring lead at general aviation airports where leaded fuel is used. Existing and p lanned lead monitors in California are sufficient to comply with the population exposure a nd source-oriented monitoring requirements. U.S. EPA is currently working with f ive general aviation airports in California as part of the pilot program.

Discussion

ARB, air pollution control and air quality manageme nt districts (districts), private contractors, and other government entities (for example, the Nat ional Parks Service) maintain a statewide network of monitoring sites. Monitoring instrument s at these sites collect data for many air pollutants and a number of meteorological parameter s. Current information about California’s overall air quality monitoring program, as well as information about individual monitoring sites

is available on ARB’s website at http://www.arb.ca.gov/aqd/aqmoninca.htm . Data collected at the individual monitoring sites are compiled, analy zed, and reported to U.S. EPA’s Air Quality System per the schedule set forth in federal monito ring regulations. These data are also

available on ARB’s website at http://www.arb.ca.gov/adam . ARB and districts also submit annual air quality monitoring plans to U.S. EPA tha t describe how the State and districts comply with monitoring requirements. These plans a lso describe proposed monitoring changes.

As a result of the success of removing lead from ga soline, significant lead emissions now come from just a few industrial sources. Recognizi ng this, lead monitoring requirements include source-oriented monitoring, as well as popu lation exposure monitoring. With respect to population exposure monitoring, federal regulati ons require lead monitoring at NCore sites in any Core Based Statistical Area (CBSA) with a po pulation of 500,000 or more. NCore sites form a “National Core” of multi-pollutant monitorin g sites. There are currently six NCore sites in California, as shown in Table A-1. Lead monitor s are already operating at five of California’s six NCore sites, with the remaining mo nitor to be deployed and operating by the required January 1, 2012, deadline. Lead measureme nts at the NCore sites are collected using Federal Reference Method (FRM) or Federal Equ ivalent Method (FEM) lead-total suspended particulate (Pb-TSP) samplers or lead-fin e particulate matter (Pb-PM10) samplers. All samplers meet siting and operating parameters a s mandated by U.S. EPA for lead in 40 Code of Federal Regulations (CFR) Part 58.

In addition to the NCore sites, Table A-1 shows lea d monitors at several other population-oriented sites in California, including Calexico, Riverside (Magnolia location), San Bernardino, and Upland. Lead concentrations at these sites are collected using FRM or FEM Pb-TSP monitors. Although not required, these monitors will continue operating, providing a long-term record for comparison with fu ture lead levels to ensure compliance with

the federal lead standard.Appendix A Page A-3 TABLE A-1 Population Exposure Lead Monitoring Sites in Califo rnia

Monitor Location County Type of Monitor Type of Monitor
El Cajon San Diego NCore / Population Exposure Pb-T SP
Fresno Fresno NCore / Population Exposure Pb-TSP
Los Angeles Los Angeles NCore / Population Exposure Pb-TSP&Pb-PM10
Riverside (Rubidoux) Riverside NCore / Population E xposure Pb-TSP&Pb-PM10
Sacramento* Sacramento NCore / Population Exposure Pb-PM10
San Jose Santa Clara NCore / Population Exposure Pb -PM10
Calexico Imperial Neighborhood / Population Exposur e Pb-TSP
Riverside (Magnolia) Riverside Neighborhood / Popul ation Exposure Pb-TSP
San Bernardino San Bernardino Neighborhood / Popula tion Exposure Pb-TSP
Upland San Bernardino Neighborhood / Population Exp osure Pb-TSP

*Monitor will be deployed and operating by January 1, 2012.

The revised federal lead standard also requires sou rce-oriented lead monitoring near industrial sources emitting more than 0.5 tons of l ead per year. The only qualifying source in

California is located in the South Coast Air Basin. The South Coast District maintains a network of source-oriented lead monitors, as descri bed in their 2011 Annual Air Quality Monitoring Network Plan. The Plan is available on the web at http://www.aqmd.gov/tao/AQReports/AQMonitoringNetworkPlan/FinalAMNetworkPlan. pdf . These source-oriented monitors

measure concentrations around the South Coast Air B asin’s most significant industrial

lead-related sources. The South Coast District has monitored lead concentrations around

these sources for two decades and is committed to c ontinue operating the monitors, long-term.

U.S. EPA’s last lead monitoring requirement defines a 12-month pilot program to monitor lead concentrations near general aviation airports where fuel containing lead could cause elevated

lead concentrations. U.S. EPA selected fifteen air ports, nationwide, to participate in the pilot program. Five of these fifteen airports are locate d in California (refer to Table A-2). The airports, districts, and ARB are working with U.S. EPA to develop sites and implement lead monitoring near these airports. Lead data will be collected by FRM or FEM Pb-TSP samplers, so they are comparable with the federal lead standa rd. Consistent with U.S. EPA requirements, any site measuring a three-month aver age lead concentration greater than half

the level of the 2008 federal lead standard must co ntinue to monitor for lead after the pilot program ends.

TABLE A-2 California Airports Participating in U.S. EPA Pilot Lead Monitoring Study

Airport Name County Gillespie Field San Diego McClellan-Palomar San Diego

Palo Alto Santa Clara

Reid-Hillview Santa Clara

San Carlos San MateoAppendix A Page A-4

Programs for Enforcement, PSD, and NSR [§110(a)(2) (C)]

This section requires states to enforce control mea sures associated with attaining and maintaining the federal lead standard and to implement a permitting program to regulate the construction and modification of major stationary sources of lead. In addition, Preventio n of Significant Deterioration (PSD) programs must also apply to stationary source s that emit Greenhouse Gases, in accordance with U.S. EPA’s Tailoring Rule

.

ARB has a comprehensive enforcement program in plac e, including enforcement of State fuels regulations. No new statewide programs are ne eded for lead. In California, districts are responsible for permit programs for stationary sour ces. Each district has developed their own program, resulting in a comprehensive set of applic able rules and regulations. With respect to PSD, five districts have SIP-approved PSD progra ms. Two districts operate programs with partial SIP-approved authority. PSD programs in th e remaining districts are administered by

U.S. EPA.

Discussion

ARB’s enforcement program covers mobile sources, st ationary sources, consumer products, and fuels. Details about the program are available on ARB’s website at http://www.arb.ca.gov/enf/enf.htm . In addition to the statewide program, districts implement rules incorporating California Health and Safety Co de provisions that grant all district officers and employees the authority to adopt and enforce th eir own rules and regulations (California Health and Safety Code sections 40001, 40120, 40702 , 40752, 40753, and 41510). ARB reviews and audits district enforcement programs as part of its oversight role and in accordance with California Health and Safety Code s ection 41500. ARB also reviews district rules at their draft, proposed, and adopted stages to ensure the rules meet all applicable State and federal requirements. ARB maintains an online publically accessible district rules

database at http://www.arb.ca.gov/drdb/drdb.htm

.

California Health and Safety Code section 40000 giv es districts the responsibility for controlling air pollution from stationary sources. This includes responsibility for New Source Review (NSR) and PSD. Both NSR and PSD address the construction or modification of major stationary sources so they do not cause or co ntribute to a violation of federal standards. NSR applies in nonattainment areas. In general, NS R rules in California must meet federal requirements, as well as more stringent State requi rements. In contrast to NSR, PSD only applies in areas designated as attainment or unclas sifiable for a federal standard. As noted above, various provisions in the California Health and Safety Code grant all district officers and employees authority to adopt and enforce rules and regulations, including stationary source permitting programs.

In terms of the federal lead standard, there is onl y one nonattainment area in California, the Los Angeles County portion of the South Coast Air B asin. Therefore, NSR applies in this area. The rest of California is designated as uncl assifiable for lead, and therefore, PSD requirements apply. PSD requirements are very comp lex and often change, as evidenced by the new requirements applicable to Greenhouse Gases (GHG). In California, PSD programsAppendix A Page A-5

are either (1) fully implemented by a district, (2) partially implemented by a district, or (3) wholly implemented by U.S. EPA. Five California d istricts, all of which are designated as unclassifiable for the 2008 federal lead standard, have authority to fully implement their SIP-approved PSD program. Table A-3 lists these di stricts, their qualifying rules, and the significant lead emission rate specified in the rul es. In addition to criteria pollutants, such as lead, the SIP-approved PSD programs in these distri cts also apply to GHG emissions, in accordance with U.S. EPA’s Tailoring Rule.

TABLE A-3 California Districts with SIP-Approved PSD Lead Rul es

District Rule Covering

Lead Significance

Level for Lead SIP Approval

Federal Register

Citation Mendocino County Air Quality Management District Rule 220 0.6 tons/year 50 FR 30942

Monterey Bay Unified

Air Pollution Control District Rule 207 3.28 pounds/day* 65 FR 5433

North Coast Unified Air Quality Management District Rule 220 0.6 tons/year 50 FR 30941

Northern Sonoma County

Air Pollution Control District Rule 220 0.6 tons/year 50 FR 30943

Sacramento Metropolitan Air Quality Management District Rule 203 3.3 pounds/day 76 FR 43183

*3.3 pounds/day is nominally equivalent to 0.6 tons per year

Two California districts, the Bay Area Air Quality Management District and South Coast Air Quality Management District, operate their PSD and NSR programs with partial SIP-approved authority. Those portions of their PSD and NSR pro grams that have not been SIP-approved are administered by U.S. EPA. The remaining distri cts in California are all designated as unclassifiable for the 2008 federal lead standard, and all have PSD programs for both lead and GHG that are wholly administered by U.S. EPA.Appendix A Page A-6

Interstate and International Transport Provisions [§110(a)(2)(D)]

This section prohibits the transport of lead emissi ons from one state to another, where they could contribute significantly to violat ions of the federal lead standard, interfere with maintenance of the federal lead standard, or contribute to reduced visibility.

Stationary source lead emissions do not have a tran sport impact unless the source is located very near a state or international boundary. Trans port is not an issue in California’s only nonattainment area (Los Angeles County portion of t he South Coast Air Basin) because stationary lead sources are located more than 100 m iles from the nearest state or international border. In addition to transport, U. S. EPA has determined that lead emissions do not impact visibility.

Discussion

Lead is a primary pollutant that does not undergo a tmospheric transformation. Furthermore, because lead particles are relatively heavy, they t end to settle out quickly. As a result, lead impacts are very localized. The highest concentrat ions occur in the immediate vicinity of the emission source, with concentrations dropping off r apidly with distance from the source. Given the characteristics of lead, only states with sources located very near a state or international boundary have the potential to contri bute to nonattainment or maintenance of the federal lead standard in another area via transport . In recent guidance, U.S. EPA defined the

critical distance as 2 miles.

There are only two sources in California that contr ibute to violations of the lead NAAQS. Both facilities are located in the Los Angeles County no nattainment area, and both are more than

100 miles from the nearest state or international b oundary. Although lead concentrations near the facilities violate the federal standard, lead c oncentrations at all other sites in the South Coast Air Basin, including nonsource-oriented sites in the Los Angeles County nonattainment area, are well below the level of the federal lead standard (maximum 2005-2007 3-month averages ranged from 0.01 μg/m 3 to 0.03 μg/m 3 ). Based on these data, the large lead facilities in the Los Angeles County nonattainment area do not contribute to lead violations or

interfere with maintenance of the federal lead stan dard, outside the local nonattainment area. Thus, transport is not a concern. Nevertheless, wh ile the South Coast District is developing their lead nonattainment SIP, major stationary lead sources are covered under Appendix S to 40 CFR Part 51. Appendix S sets forth U.S. EPA’s I nterpretive Ruling on preconstruction review requirements and conditions, insuring that l ead emissions from major stationary sources and major stationary source modifications a re controlled to the greatest extent possible, that emission offsets are obtained, and t hat the area continues progress toward

attainment.

In addition to transport, U.S. EPA has determined t hat lead emission sources have an insignificant impact on visibility. Nevertheless, California has a federally-approved Regional Haze Plan in place. The Regional Haze Plan is avai lable on the ARB website at http://www.arb.ca.gov/planning/reghaze/reghaze.htm

.Appendix A Page A-7

Adequate Personnel, Funding, and Authority [§110(a )(2)(E)]

This section requires states and local districts to maintain adequate personnel, funding, and legal authority to implement their SIP and to ensure that a majority of their board members represent the public interes t.

A majority of ARB and district budgets go toward me eting CAA mandates. Much of this funding comprises fees collected from regulated emi ssion sources and is dedicated to air pollution control activities. All ARB and district board members must comply with conflict of interest requirements established in State law.

Discussion

Each year, the California State Legislature approve s ARB’s funding and staff resources for carrying out the programs of the SIP. Similarly, d istrict budgets are approved each year by the district’s governing board. The annual budget process provides a periodic update that enables ARB and the districts to adjust funding and personnel needs. Although it is not legally possible for ARB and the districts to provi de specific commitments about future-year funding, the annual budget appropriations process u ndertaken by the California State Legislature enables ARB to present a request for re sources required to meet the mandates of the CAA. These mandated programs have received Sta te funding for more than three decades, and there is consistently strong public su pport in California for providing clean air. Therefore, it is reasonable to assume that implemen tation of CAA mandates will continue to be funded at an appropriate level.

Over the last several years, more than 80 percent o f ARB’s budget has gone toward meeting CAA mandates. Furthermore, the majority of ARB’s b udget comprises dedicated fees collected from regulated emission sources. These f unds can only be used for air pollution control activities and are periodically adjusted to maintain the funding necessary for ARB programs. Districts receive funding from fees paid by regulated businesses, motor vehicle registration fees, State and federal grants, and ot her local revenue sources. Collectively, the 2009-2010 ARB and district budgets totaled $1.2 bil lion, with 3,422.4 full-time equivalent staff positions. If a district fails to meet its respons ibilities, California Health and Safety Code section 39002 grants ARB the overall regulatory aut hority for districts’ air pollution control programs and the power to implement these programs.

California Government Code Sections 87100 through 8 7105 specify conflict of interest requirements for members of ARB and district boards . These requirements specifically prohibit all state and local public officials from participating in governmental decisions in which they have a financial interest. They also direct A RB and the districts to develop conflict of interest policies to meet these legal requirements. Each year, all ARB Board members and professional staff must complete a conflict of inte rest statement, which becomes a public

document.Appendix A Page A-8

Stationary Source Monitoring and Reporting [§110(a )(2)(F)]

This section calls for states to require owners and operators of stationary sources to install, maintain, and replace equipment for monitoring stationary source lead emissions and to provide periodic repor ts on these emissions.

ARB maintains an emissions inventory for lead that goes beyond what U.S. EPA requires. In addition, existing State and district rules require stationary source owners and operators to determine the amount of lead emitted by their facil ities.

Discussion

ARB maintains an emissions inventory with informati on for more than 14,000 stationary source facilities in California. The inventory inc ludes information on lead emissions. These

data are available on the ARB’s website at http://www.arb.ca.gov/ei/disclaim.htm

. The Federal Air Emissions Reporting Requirements Rule requires states to collect and report lead emissions data for facilities emitting more than 5 tons of lead per year. ARB’s “Hot Spots” program for toxic air contaminants is even more str ingent, requiring stationary source owners and operators to report lead emissions at levels we ll below 1 pound (0.0005 tons) per year.

Emissions estimates for stationary sources rely in part, on accurate emissions monitoring data. In addition, emissions monitoring data provi de a basis for determining whether facilities meet performance standards established in State and district rules. California Health and Safety Code section 41511 authorizes ARB and distri cts to adopt rules and regulations requiring any emission source owner or operator to take reasonable steps to determine the

amount of emissions released from the source. This would include emissions that contribute to a violation of any ambient air quality standard, including the federal lead standard. In order to determine the amount of emissions coming from a particular source, districts have rules giving the Air Pollution Control Officer authority to request the installation, use, maintenance, and inspection of Continuous Emission Monitoring Sy stem (CEMS) equipment. Some district rules that trigger the CEMS requirement are tied to specific source categories and/or emission thresholds. These rules specify performance standa rds for the monitoring equipment, requirements for recordkeeping and reporting, and r equirements for violation and equipment

breakdown notification.Appendix A Page A-9

Emergency Episodes [§110(a)(2)(G)]

This section requires states to have the authority to halt lead emissions that cause or contribute to injury of public health or w elfare and to develop an emergency plan for lead.

State law grants ARB and the districts authority to halt pollutant emissions that could cause a public health emergency or nuisance. Although U.S. EPA has not established a contingency plan or requirements for emergency lead episodes, C alifornia includes such a plan in this

Infrastructure SIP.

Discussion

Under State law, ARB and districts are authorized t o take action to halt pollutant emissions that could cause a public health emergency or nuisa nce. California Health and Safety Code section 41509 specifies that ARB or other local age ncy rules cannot infringe upon a district’s authority to declare, prohibit, or abate a nuisance . This section also specifically authorizes California’s Attorney General to enjoin any polluti on or nuisance, at the request of a district or ARB. In addition to State law, U.S. EPA is authori zed under the CAA either to bring a lawsuit in federal court or, if such action cannot assure p rompt protection of public health or welfare, to issue such orders as may be necessary to protect public health or welfare or the environment. The authority granted to U.S. EPA is vested in ARB and the districts under California Health and Safety Code section 42400, et seq. These sections apply to a range of emission violations and impose penalties that are e quivalent to or exceed comparable federal penalties for the same violations.

The requirement for states to provide for adequate contingency plans to implement such authority is intended to establish emergency episod e plans for responding to elevated pollutant levels. For nitrogen dioxide, sulfur dio xide, carbon monoxide, ozone, and particulate matter, U.S. EPA regulations include a classificati on system that identifies areas as Priority 1 (most severe), Priority 2, or Priority 3 (least sev ere), based on their air quality problem. The most comprehensive emergency episode plan is requir ed for Priority 1 areas, while a less detailed plan is required for Priority II areas, an d no plan is required for Priority 3 areas. Emergency episode plans for the Priority I areas mu st provide for actions to abate emissions, based on “Significant Harm Levels” that U.S. EPA ha s defined for the specific pollutant in

40 CFR Part 51.151.

U.S. EPA has not defined any significant harm level s for lead, leaving determination of what constitutes an adequate emergency episode plan up t o the State. California will use a lead concentration of 0.60 μg/m 3 averaged over a three-month period to define a Sig nificant Harm

Level for lead. This concentration is about four t imes the level of the federal lead standard, consistent with the average Significant Harm Level for Priority I areas that U.S. EPA has established for other pollutants (refer to 40 CFR p art 51.151)

. Currently available monitoring data do not show ambient concentrations at any site in California approaching the 0.60 μg/m 3 trigger level, except in the vicinity of large lea d-acid battery recycling facilities in the Los Angeles County lead nonattainment area. Ex isting State authority is sufficient to implement an emergency response for lead if concent rations at any site outside the nonattainment area reach the 0.60 μg/m 3 trigger level.Appendix A Page A-10

To address high lead concentrations in the nonattai nment area, the South Coast District adopted Rule 1420.1, which applies to any large lea d-acid battery recycling facility in the South Coast Air Basin that processes or has ever pr ocessed 50,000 tons or more of lead per year. The South Coast District identified lead emi ssions from these recycling facilities as the

source of the area’s violations of the federal lead standard. Rule 1420.1 requires total enclosures for any process associated with the prep aration, recovery, refining, and storage of lead-containing material and requires pollution con trol devices on the enclosures and on lead emission point sources. Rule 1420.1 also includes housekeeping, monitoring, and recordkeeping requirements. The trigger level spec ified in Rule 1420.1 is 0.15 μg/m 3
averaged over any consecutive 30-day period. In ad dition, as of July 1, 2011, any facility exceeding an ambient lead concentration of 0.12 μg/ m 3 averaged over any consecutive 30-day period must submit a Compliance Plan identif ying additional lead emission reduction measures, thereby ensuring subsequent compliance wi th the federal lead standard. The provisions of Rule 1420.1 will be addressed in more detail in the South Coast District lead

nonattainment SIP.

Future SIP Revisions [§110(a)(2)(H)]

This section requires states to revise their SIP wh en an air quality standard is promulgated or revised, new attainment methods beco me available, or U.S. EPA determines a SIP is either inadequate or does not m eet revised CAA requirements.

California has and will continue to submit revision s to its SIP, as mandated by U.S. EPA.

Discussion

Clean air is a priority in California. To help mee t this goal, California is submitting this Infrastructure SIP for lead, in compliance with the revised federal lead standard. Only one area in the State, the Los Angeles County portion o f the South Coast Air Basin, is designated as nonattainment for lead. CAA Section 110(a)(2)(I ) requires states to submit SIP revisions for newly designated nonattainment areas. ARB is w orking with the South Coast District to develop an approvable SIP for the nonattainment are a and will submit the lead nonattainment SIP to U.S. EPA by the June 2012 deadline. ARB mai ntains a current collection all SIP

documents on its website at http://www.arb.ca.gov/planning/sip/sip.htm

.Appendix A Page A-11

Consultation with Government Officials, Public Noti fication, PSD and Visibility Protection [§110(a)(2)(J)]

This section requires states to meet requirements o f the CAA relating to consultation and public notification and to impleme nt PSD and visibility protection programs for lead.

ARB complies with all federal regulatory requiremen ts, including requirements for consultation, notification, comment, and adoption. Furthermore, ARB has information

available on its website about ambient lead concent rations and the health impacts of lead in the ambient air. As addressed earlier, in response to CAA Section 110(a)(2)(C), PSD requirements are addressed at the district leve l. U.S. EPA has determined that visibility issues do not need to be addressed, with respect to the federal lead standard.

Discussion

CAA Section 121 requires states to provide a satisf actory process for consulting with general purpose local governments, designated organizations of elected local government officials, and any affected federal land manager in carrying o ut CAA requirements. California Health and Safety Code section 41650, et seq., requires AR B to conduct public hearings and to solicit testimony from districts, air quality plann ing agencies, and the public when adopting nonattainment plans for inclusion in the SIP. Addi tionally, the California Administrative Procedures Act, Government Code Section 11340, et s eq., requires notification and provision of comment opportunities to all parties affected by proposed regulations.

CAA Section 127 requires states to provide measures that will be effective in notifying the public on a regular basis of instances or areas in which a federal standard was exceeded during the preceding calendar year. This requireme nt is similar to California Health and Safety Code section 39607, which requires ARB to im plement a program for securing air quality data in each air basin and report these dat a to the public. To fulfill this requirement, ARB maintains air quality data on its website at http://www.arb.ca.gov/aqmis2/aqdselect.php

.

CAA Section 127 also requires states to advise the public about the health hazards associated with air pollution and enhance public aw areness of measures to prevent violation of a federal standard. In compliance with this req uirement, ARB maintains webpages detailing relevant health information ( http://www.arb.ca.gov/research/research.htm ) and ways of reducing air pollution ( http://www.arb.ca.gov/html/cando.htm ).

With respect to PSD requirements, several districts in California have fully SIP-approved or partially approved PSD programs that comply with th e requirements for lead. PSD programs in the remaining districts are administered by U.S. EPA through a federal stationary source permitting program under enabling authority in 40 C FR Part 52.21. With respect to visibility programs, U.S. EPA guidance concludes that since th e visibility protection and regional haze program requirements do not change with the establi shment of a new federalAppendix A Page A-12

primary standard, there are no new applicable visib ility protection obligations under CAA Section 110(a)(2)(J) for the 2008 federal lead stan dard. Nevertheless, California has in place, a Regional Haze Plan that U.S. EPA approved on June 14, 2011. California’s Regional Haze

Plan is available on the ARB website at http://www.arb.ca.gov/planning/reghaze/reghaze.htm

.

Air Quality Modeling/Data [§110(a)(2)(K)]

This section requires states to use air quality mod els to predict the effect of lead

emissions on ambient concentrations and to submit t he modeling data to U.S. EPA when requested.

ARB is well versed in the use of air quality models to predict the impact of emissions on air quality. ARB modeling complies with U.S. EPA guida nce, and ARB works closely with districts that conduct their own modeling to ensure similar c ompliance. Modeling results are available
on request.

Discussion

U.S. EPA anticipates that the predominant type of a ir quality modeling conducted for implementing the federal lead standard will be sour ce-oriented dispersion modeling, using models such as AERMOD. ARB has an air quality mode ling group with extensive experience related to modeling for compliance with the federal standards. Furthermore, ARB’s air quality modeling work complies with U.S. EPA’s guidance on the use of models in attainment demonstrations. In addition, ARB documents informa tion used when conducting modeling or evaluating the performance of air quality models us ed for this purpose. Finally, ARB consults and works closely with districts that conduct their own air quality modeling.

ARB provides air quality modeling software and docu mentation with links to databases and search engines at http://www.arb.ca.gov/html/soft.htm#modeling . This page includes a link to both State-approved and U.S. EPA-approved models an d documentation.Appendix A Page A-13

Permitting Fees [§110(a)(2)(L)]

This section requires states to assess lead station ary source owners or operators fees to cover the cost of reviewing and a cting on a permit application. If a permit is granted, states must also assess fee s to cover the cost of implementing and enforcing the permit. Finally, ow ners or operators must comply with the fee provisions of Title V Sections 501 through 507 of the CAA and pay such fees to the permitting authority.

Districts are responsible for issuing stationary so urce permits, and each district has rules requiring additional fees subject to Title V requir ements.

Discussion

As described previously (Programs for Enforcement, PSD, and NSR Section 110(a)(2)(C)), responsibility for issuing stationary source permit s is vested with the districts, and each district in California has adopted rules requiring an additi onal fee for facilities subject to Title V requirements. Information on district-issued permi ts is available on the ARB website at http://www.arb.ca.gov/permits/airdisop.htm and http://www.arb.ca.gov/permits/permits.htm . In addition, ARB maintains various email notification lists that provide subscribers with current, on-going email notification about updates and chang es to programs related to permitting. Information about subscribing to these email notifi cation lists is available on the ARB website

at http://www.arb.ca.gov/permits/permits.htm

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Consultation/Participation by Affected Local Entiti es [§110(a)(2)(M)]

This section requires states to consult with and al low political subdivisions affected by the lead Infrastructure SIP to particip ate in the development process.

ARB coordinates on a regular basis with the State’s 35 districts. State law requires ARB to conduct a public hearing and solicit input from aff ected agencies and the public when developing the SIP.

Discussion

California is divided into 35 districts, comprising county or regional local government authorities with responsibility for controlling sta tionary source emissions. A map of district

boundaries is available on ARB’s website at http://www.arb.ca.gov/capcoa/dismap.htm . Links

to districts’ websites are available at http://www.arb.ca.gov/capcoa/roster.htm

.

ARB consults and provides liaison with all district s and provides for frequent and regular communication and consultation with management and staff of these districts. Because district boards are composed of local elected offic ials, this framework provides for regular consultation with and participation by local govern ment entities (cities and counties) affected by the SIP. Furthermore, California Health and Saf ety Code section 41650, et seq., requires ARB to conduct a public hearing and to solicit test imony from districts, air quality planning agencies, and the public when adopting local nonatt ainment plans for inclusion in the SIP.