Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Approval of Lead Implementation Plan for an Area in Northeast Philadelphia, PA

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA047-6936; FRL-5544-4]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania; Approval of Lead Implementation Plan for an Area in

Northeast Philadelphia, PA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes full approval of the state implementation plan

(SIP) submitted by the Commonwealth of Pennsylvania for the purpose of

bringing about the attainment of the national ambient air quality

standard (NAAQS) for lead. The implementation plan was submitted by the

Commonwealth to satisfy certain Federal requirements for an approvable

nonattainment area lead SIP for a portion of Philadelphia,

Pennsylvania. This action is being taken under section 110 of the Clean

Air Act.

DATES: Comments must be received on or before August 29, 1996.

ADDRESSES: Comments may be mailed to Makeba A. Morris, Chief, Technical

Assessment Section, Mailcode 3AT22, U.S. Environmental Protection

Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania

19107. Copies of the documents relevant to this action are available

for public inspection during normal business hours at the Air,

Radiation, and Toxics Division, U.S. Environmental Protection Agency,

Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;

Department of Public Health, Air Management Services, 321 University

Avenue, Philadelphia, Pennsylvania 19104.

FOR FURTHER INFORMATION CONTACT: Denis M. Lohman, (215) 566-2192,

Technical Assessment Section (Mailcode 3AT22), at the EPA Region III

address above or via e-mail at [email protected]. While

information may be requested via e-mail, comments must be submitted in

writing to the EPA Region III address above.

SUPPLEMENTARY INFORMATION: On September 30, 1994, the Pennsylvania

Department of Environmental Resources submitted a revision to its State

Implementation Plan (SIP) for a portion of northeast Philadelphia.

The revision consists of revised permits for three sources of lead

emissions. The revised permits specify emission limits, operational

practices, and compliance provisions for each of the three sources.

I. Background

The national ambient air quality standard (NAAQS) for lead is 1.5

micrograms of lead per cubic meter of air (g/m3), averaged

over a calendar quarter (see 40 CFR 50.12). Regulations promulgated

pursuant to Section 110 of the Clean Air Act (Act) and codified at 40

CFR 51.117(a)(2) provide the each state implementation plan (SIP) must

contain a demonstration showing that the plan will attain and maintain

the standard in any area that has lead air concentrations in excess of

the national ambient air quality standard concentration for lead,

measured since January 1, 1974.

In 1988 the Philadelphia Department of Public Health, Air

Management Services (``AMS'') began monitoring lead concentrations in

air at a site located at Castor and Delaware Avenues in northeast

Philadelphia. The site, designated as ITO (Site #0449), is in the

vicinity of two sources which are not included in the lead SIP approved

by EPA in 1984 (see 49 FR 30697). In seven (7) of the 12 calendar

quarters of the years 1988, 1989, and 1990, the ITO site measured lead

air concentrations in excess of the national ambient air quality

standard concentration for lead. The maximum quarterly average lead

concentration, monitored in the fourth quarter of 1990, was 2.95

g/m3.

On July 6, 1992, EPA notified the Governor of Pennsylvania of its

finding that, pursuant to section 110 (a)(2)(H)(ii) of the Act, the

Philadelphia portion of the Pennsylvania SIP was substantially

inadequate to attain and maintain the NAAQS for lead. Section 110(k)(5)

of the Act requires the Commonwealth to revise the SIP whenever a

finding of inadequacy is made. The adopted and implemented SIP revision

must be submitted to EPA within 18 months following notification of the

State Governor. Therefore, the SIP revision was due January 6, 1994.

Under section 110(n)(2)(B) of the Act, attainment of the NAAQS must be

demonstrated within 5 years of the date of issuance of a finding of SIP

inadequacy. In the SIP call letter issued on July 6, 1992, EPA required

that the NAAQS for lead be attained in Philadelphia by July, 1995;

therefore, within 3 years.

On September 30, 1994, AMS, through the Pennsylvania Department of

Environmental Resources, submitted a lead SIP revision request to EPA.

The SIP revision contained attainment demonstrations and compliance

provisions for three sources: Franklin

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Smelting & Refining Corporation (``Franklin Smelting''), at 3100 E.

Castor Avenue; MDC Industries, Inc. (``MDC''), at Castor and Delaware

Avenues; and Anzon, Inc. (``Anzon''), at 2545 Aramingo Avenue. In this

rulemaking action on the Pennsylvania lead SIP, EPA is proposing to

approve a SIP revision requested by AMS taking into consideration the

specific facts summarized in this notice and presented in a Technical

Support Document which may be reviewed at the EPA Region III address

above. Thus, EPA will consider any timely comments submitted within 30

days before taking final action on today's proposal.

II. Today's Action

A. Analysis of State Submission

1. Procedural Background

AMS held a public hearing on August 8, 1994, to entertain public

comment on the implementation plan for Franklin Smelting, MDC, and

Anzon. Following the public hearing the plan was adopted by the

Commonwealth and signed by the Secretary, Pennsylvania Department of

Environmental Resources on September 30, 1994, and submitted to EPA on

September 30, 1994, as a proposed revision to the SIP.

The SIP revision was reviewed by EPA to determine completeness in

accordance with the completeness criteria set out at 40 CFR Part 51,

Appendix V (1991), as amended by 57 FR 42216 (August 26, 1991). The

submittal was found to be complete on March 20, 1995, and a letter

dated March 20, 1995, was forwarded to the Pennsylvania Department of

Environmental Resources indicating the completeness of the submittal

and the next steps to be taken in the review process. In this action,

EPA proposes to approve the Pennsylvania's lead SIP revision submittal

affecting Franklin Smelting, MDC, and Anzon and invites public comment

on the action.

2. Accurate Emissions Inventory

To be approved the plan must include a comprehensive, accurate,

current inventory of actual emissions from all sources of relevant

pollutants in the area. The emissions inventory should identify the

locations of affected sources. The emissions inventory should also

include a comprehensive, accurate, and current inventory of allowable

emissions in the area.

AMS submitted an emissions inventory based on stack tests of point

sources and fugitive source emission rate estimates based on emission

factors published by EPA in a document entitled ``Compilation of

Stationary Source Emission Factors,'' commonly referred to as AP-42.

The baseline inventory identified Franklin Smelting as the primary

cause of monitored NAAQS exceedances, contributing over 86 percent of

the total emissions in the immediate vicinity during the time that the

violations were recorded. Additional contributing sources included MDC

and Goldberg & Sons, Inc., contributing eight (8) and five (5) percent

of the total emissions respectively. Goldberg & Sons, Inc. has

subsequently ceased operation. AMS was not able to specify allowable

emission rates for the identified sources. None of the sources have

applicable emission limits for lead except as lead is regarded as

particulate matter. For any given source the lead emissions could range

from less than one percent to nearly half of the particulate matter

emissions.

EPA is proposing to approve the emissions inventory because it

appears to be sufficiently accurate and comprehensive to provide a

basis for determining the adequacy of the attainment demonstration for

this area consistent with the requirements of section 110(a)(2)(K) of

the Clean Air Act. For further details see the Technical Support

Document (TSD).

3. Quantification of Emission Limits

The proposed SIP revision provides application of enforceable

control measures through issuance, for each facility, of source-

specific emission limitations and other necessary requirements in the

form of special operating license (permit) conditions. The emission

limitations contained in each operating permit are consistent with the

emission rate values used to demonstrate attainment in the supporting

modeling analyses.

Franklin Smelting & Refining

Franklin Smelting sources were identified as contributing to the

lead problem. New rules for lead emission controls at the facility were

established as permit conditions attached to Franklin Smelting's

existing licenses for each lead process. Stack sources were identified

with specific allowable lead emission rates and will be controlled as

follows:

(1) The main blast furnace stack emissions, vented through a

baghouse, will be limited to 1.0 pounds per hour of lead (lb/hr).

(2) Emissions from tapping at the blast furnace are controlled by

two baghouses. Tapping Baghouse East has a limit of 0.00926 lb/hr.

Tapping Baghouse West has a limit of 0.00206

lb/hr.

(3) Emissions from the Furnace Yard Enclosure will exhaust to three

baghouses which will exhaust through a common stack. The stack emission

limit is 0.714 lb/hr.

(4) Emissions inside the converter building are controlled by two

control systems. Localized hoods over the converters are exhausted to

the converter scrubber/baghouse system. Lead emissions from this system

are limited to 0.33 lb/hr. The converter building is exhausted to a

baghouse and through the Tenolli stack. Lead emissions from the Tenolli

stack are limited to 0.413 lb/hr.

(5) Emissions from the shredder are required to be controlled by a

baghouse. Lead emissions from the shredder stack are limited to 0.0429

lb/hr.

Other provisions of the operating permit specify additional control

measures including the control of fugitive or non-stack emissions by

enclosing the emission points within buildings, paving of roads,

adoption of pollution prevention techniques, and good operating

practices. Additional details about the conditions of the operating

permit may be obtained from the TSD.

MDC Industries, Inc.

MDC sources were identified as contributing to the lead

nonattainment problem. Specific allowable lead emission rates were

established for MDC processes, each of which is required to be

controlled by a baghouse as follows:

(1) Slag screening vented through baghouse 1 and limited to 0.047

lb/hr.

(2) Abrasive sizing vented to baghouse 2 and limited to 0.095 lb/

hr.

(3) Dryer vented to baghouse 5 and limited to 0.12 lb/hr.

The MDC processes are further limited to 84 hours per week of operation

with no restriction as to hours per day of operation. Additional

provisions of the operating permit limit visible emissions and require

improved self-monitoring by MDC's personnel directed toward controlling

wind blown dust from storage piles. Additional details about the

conditions of the operating permit may be obtained from the TSD.

Anzon, Inc.

To comply with federal SIP requirements, the proposed SIP revision

includes formal documentation of attainment and provisions to maintain

the lead NAAQS by Anzon. The 1984 Philadelphia lead SIP was submitted

in response to violations of the lead NAAQS recorded in the vicinity of

the Anzon facility. Subsequent to the approval of the 1984 lead SIP,

Anzon made significant operational improvements under a compliance

[[Page 39616]]

agreement with the City of Philadelphia to minimize lead emissions from

its facility. The terms of the compliance agreement are incorporated

into the permit for Anzon submitted with this SIP revision request.

Quarterly averages for lead at ambient air monitoring sites in the

vicinity of Anzon have shown compliance with the lead NAAQS since 1987.

4. Demonstration

The AMS conducted an attainment demonstration using dispersion

modeling to predict quarterly lead averages within 1 kilometer of

Franklin Smelting. Monthly and quarterly averages were determined with

the EPA dispersion model ISCLT2. The EPA screening model SCREEN2 was

used to determine lead concentrations in building cavity regions.

Emission rates from the operating permits for Franklin Smelting and MDC

Industries were modeled along with area and volume sources at those

facilities plus background emissions from Delaware Avenue, nearby

Interstate 95 and E. Goldberg & Sons. Meteorological data from the

Philadelphia International airport for the years 1987 thru 1991 were

used for the modeling. This demonstration indicates that the NAAQS for

lead will be attained and maintained in future years if Franklin

Smelting operates in compliance with its permit. The demonstration

predicted a maximum, or design, concentration in the second quarter of

1991 as 1.41 g/m3, thus demonstrating attainment and

maintenance of the lead NAAQS. For a more detailed description of the

attainment demonstration and the control strategy used, see the TSD

accompanying this notice.

5. Enforceability Issues

The operating permit issued to each facility specifies maximum

allowable emission rates for specified point sources and, in addition,

specifies selected operational practices and schedules for installation

of further control measures. Each permit contains compliance provisions

and specifies monitoring and recordkeeping requirements. Each permit

further addresses federal enforceability by containing the provision:

``This permit shall remain enforceable by the U.S. Environmental

Protection Agency as part of the State Implementation Plan

notwithstanding the expiration date of this permit.''

Consistent with the attainment demonstration described above, the

SIP revision requires that all affected activities must be in full

compliance with the applicable SIP provisions by not later than July 6,

1995. In addition to the applicable control measures, this includes the

applicable recordkeeping requirements which are addressed in the

supporting technical information. Compliance for certain measures, such

as lead mass emission rates must be determined in accordance with

appropriate test methods. The SIP provides that compliance of the lead

mass emission rates applicable to the Blast Complex, the Converter

Complex and the shredder at Franklin Smelting will be determined in

accordance with 40 CFR part 60, appendix A Reference Method 12 or EPA

approved alternatives. Initial tests and biannual retests are required.

EPA finds these test methods are appropriate for determining compliance

because they, along with the required monitoring and recordkeeping,

establish the continuing compliance with the provisions of the

attainment demonstration.

The Commonwealth of Pennsylvania has a program that will ensure

that the measures contained in the operating permits are adequately

enforced. Each permit contains explicit monitoring requirements which

are required to be operable by July 1, 1994. Records of the monitoring

of specified parameters are required to be maintained and available on-

site for inspection. Each facility is also required to report, in

writing within twenty-four hours, any event occurring which may

increase pollutant emissions to the atmosphere. Periodic, either

monthly or quarterly, reporting of specified compliance-related

information is also required in each permit. The TSD contains further

information on enforceability requirements including: enforceable

emission limitations; test methods and compliance schedules as

appropriate; averaging times for compliance test methods; correctly

cited references of incorporated methods/rules; and reporting and

recordkeeping requirements.

Under authority granted by the Pennsylvania Air Pollution Control

Act (35 P.S. Secs. 4001-4015) the Commonwealth of Pennsylvania has

delegated responsibility for the management of air quality in

Philadelphia to AMS. The provisions of Chapter 133 of the Pennsylvania

environmental regulations (25 Pa. Code Sec. 133), effective September

11, 1971, establish procedures for approving local agencies or for

rescinding or suspending previously granted approval.

EPA's review of this material indicates that full compliance with

the proposed SIP revision will result in attainment and maintenance of

the lead NAAQS. EPA is proposing to approve the Pennsylvania SIP

revision for Philadelphia, which was submitted on September 30, 1994.

EPA is soliciting public comments on issues discussed in this notice or

on other relevant matters. These comments will be considered before

taking final action. Interested parties may participate in the Federal

rulemaking procedure by submitting written comments to the EPA Regional

office listed in the ADDRESSES section of this notice.

Proposed Action

EPA is proposing to approve the plan revision submitted to EPA for

the Delaware and Castor Avenue area of northeast Philadelphia on

September 30, 1994. Among other things, the Commonwealth of

Pennsylvania has demonstrated that the Delaware and Castor Avenue area

of northeast Philadelphia area would attain the lead NAAQS by July 6,

1995.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements but simply approve

requirements that the Commonwealth is already imposing. Therefore,

because the Federal SIP approval does not impose any new requirements,

the Administrator certifies that it does not have a significant impact

on any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the CAA, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

[[Page 39617]]

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action proposed/promulgated

does not include a Federal mandate that may result in estimated costs

of $100 million or more to either State, local, or tribal governments

in the aggregate, or to the private sector. This Federal action

approves pre-existing requirements under State or local law, and

imposes no new Federal requirements. Accordingly, no additional costs

to State, local, or tribal governments, or to the private sector,

result from this action.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

The Administrator's decision to approve or disapprove the SIP

revision controlling lead emissions in Philadelphia will be based on

whether it meets the requirements of section 110(a)(2) (A)-(K) and of

the Clean Air Act, as amended, and EPA regulations in 40 CFR Part 51.

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. 7401-7671q.

Dated: July 17, 1996.

Stanley L. Laskowski,

Acting Regional Administrator, Region III.

[FR Doc. 96-19322 Filed 7-29-96; 8:45 am]

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