
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Proposed Rules]
[Pages 78097-78103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26729]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2016-0559; FRL-9954-97-Region 2]


Approval of Air Quality Implementation Plans; Puerto Rico; 
Attainment Demonstration for the Arecibo Lead Nonattainment Area

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency is proposing to approve a 
State Implementation Plan dated August 30, 2016, submitted by the 
Commonwealth of Puerto Rico to the EPA, for the purpose of providing 
for attainment of the 2008 Lead National Ambient Air Quality Standards 
in the Arecibo Lead nonattainment area. The Arecibo nonattainment Area 
is comprised of a portion of Arecibo Municipality in Puerto Rico with a 
4 kilometer radius surrounding The Battery Recycling Company, Inc. 
Puerto Rico initially submitted a lead SIP revision for the Arecibo 
area on January 30, 2015. The EPA proposed to disapprove the January 
30, 2015 submittal on February 29, 2016. The PREQB rescinded the 
January 30, 2015 submittal and replaced it with the August 30, 2016 
lead SIP submittal for the Arecibo area.

DATES: Comments must be received on or before December 7, 2016.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R02-OAR-2016-0559 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not

[[Page 78098]]

consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mazeeda Khan, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, New York, New York 
10007-1866, (212) 637-3715, or by email at khan.mazeeda@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is the EPA proposing?
II. What is the background information for this proposal?
III. What is included in Puerto Rico's SIP submittal?
IV. What is the EPA's analysis of Puerto Rico's attainment plan 
submittal?
    a. Pollutants Addressed
    b. Emissions Inventory Requirements
    i. 2011 Emissions Inventory
    ii. 2016 Emissions Inventory
    c. Attainment Plan Modeling
    i. Modeling Approach
    ii. Modeling Results
    d. RACM/RACT Requirements
    e. RFP Requirements
    f. Contingency Measures
    g. Attainment Date
V. What are the EPA's conclusions?
VI. Statutory and Executive Order Reviews

I. What action is the EPA proposing?

    The Environmental Protection Agency (EPA) is proposing to approve 
Puerto Rico's State Implementation Plan (SIP) dated August 30, 2016, as 
submitted by the Puerto Rico Environmental Quality Board (PREQB) to the 
EPA, for the purpose of demonstrating attainment of the 2008 Lead 
National Ambient Air Quality Standards (NAAQS) in the Arecibo Lead 
nonattainment area (Arecibo Area or Area). The Arecibo Area is 
comprised of a portion of Arecibo Municipality in Puerto Rico with a 4 
kilometer radius surrounding The Battery Recycling Company, Inc. 
(TBRCI). Puerto Rico's lead attainment plan for the Arecibo Area 
includes a base year emissions inventory, a modeling demonstration of 
lead attainment, contingency measures and narrative on control measures 
that included reasonably available control measures (RACM)/reasonably 
available control technology (RACT), and reasonable further progress 
(RFP).
    The EPA proposes to determine that Puerto Rico's attainment plan 
for the 2008 Lead NAAQS for the Arecibo Area meets the applicable 
requirements of the Clean Air Act (CAA). The EPA is proposing to 
approve Puerto Rico's attainment plan for the Arecibo Area. The EPA's 
analysis for this proposed action is discussed in Section IV of this 
proposed rulemaking.

II. What is the background information for this proposal?

    On November 12, 2008 (73 FR 66964), the EPA revised the Lead NAAQS, 
lowering the level from 1.5 micrograms per cubic meter ([mu]g/m\3\) to 
0.15 [mu]g/m\3\ calculated over a three-month rolling average. The EPA 
established the 2008 Lead NAAQS based on significant evidence and 
numerous health studies demonstrating that serious health effects are 
associated with exposures to lead emissions.
    Following promulgation of a new or revised NAAQS, the EPA is 
required by the CAA to designate areas throughout the United States as 
attaining or not attaining the NAAQS; this designation process is 
described in section 107(d)(1) of the CAA. On November 22, 2010 (75 FR 
71033), the EPA promulgated initial air quality designations for the 
2008 Lead NAAQS, which became effective on December 31, 2010, based on 
air quality monitoring data for calendar years 2007-2009, where there 
was sufficient data to support a nonattainment designation. On November 
22, 2011 (76 FR 72097), designations for the 2008 Lead NAAQS for all 
remaining areas were completed, which became effective on December 31, 
2011, based on air quality monitoring data for calendar years 2008-
2010. Effective December 31, 2011, the Arecibo Area was designated as 
nonattainment for the 2008 Lead NAAQS, based on air quality monitoring 
data from April 2010 to June 2010 using a three-month rolling average 
design value. This designation triggered a requirement for Puerto Rico 
to submit a SIP revision by June 30, 2013, with a plan for how the Area 
would attain the 2008 Lead NAAQS, as expeditiously as practicable, but 
no later than December 31, 2016.
    The PREQB initially submitted a lead SIP revision for the Arecibo 
area on January 30, 2015. The EPA proposed to disapprove the January 
30, 2015 submittal on February 29, 2016 (81 FR 10159). One comment was 
received from the Chairman of the PREQB, Weldin Ortiz Franco. The PREQB 
rescinded the January 30, 2015 submittal and replaced it with the 
August 30, 2016 lead SIP submittal for the Arecibo area. Accordingly, 
the EPA is proposing to act on the August 30, 2016 submittal. Today's 
proposal represents EPA's only action on Puerto Rico lead SIP. The 
revised SIP submittal included the base year emissions inventory and 
the attainment demonstration. The EPA's analysis of the submitted 
attainment plan includes a review of the pollutant addressed, emissions 
inventory requirements, modeling demonstration of lead attainment, 
contingency measures and narrative on control measures that included 
reasonably available control measures (RACM)/reasonably available 
control technology (RACT), and reasonable further progress (RFP) for 
the Arecibo Area.

III. What is included in Puerto Rico's proposed SIP submittal?

    In accordance with CAA section 172(c) and 40 Code of Federal 
Regulations (CFR) 51.117, Puerto Rico's attainment plan for the Arecibo 
Area includes: (1) An emissions inventory for the plan's base year 
(2011); and (2) an attainment demonstration. The attainment 
demonstration includes: Technical analyses that locate, identify and 
quantify sources of emissions contributing to violations of the 2008 
Lead NAAQS; a modeling analysis of an emissions control strategy for 
the TBRCI facility that attains the level of the Lead NAAQS by the 
attainment year (2016); and, contingency measures required under CAA 
section 172(c)(9).

IV. What is the EPA's analysis of Puerto Rico's Attainment Plan 
submittal?

    CAA section 172(c)(4) and the Lead SIP regulations found at 40 CFR 
51.117 require States to employ atmospheric dispersion modeling for the 
demonstration of attainment of the Lead NAAQS for areas in the vicinity 
of point sources listed in 40 CFR 51.117(a)(1), as expeditiously as 
practicable. Section 302(d) of the CAA includes the Commonwealth of 
Puerto Rico in the definition of the term ``State.'' The demonstration 
must also meet the requirements of 40 CFR 51.112 and 40 CFR part 51, 
appendix W, and include inventory data, modeling results, and emissions 
reduction analyses on which the State has based its projected 
attainment. All these requirements comprise the ``attainment plan'' 
that is required for lead nonattainment areas. In the case of the 
Arecibo Area, the EPA is proposing to approve the August 30, 2016 
attainment plan submitted by Puerto Rico. The EPA's analysis is 
provided below.

a. Pollutants Addressed

    Puerto Rico's lead attainment plan evaluates lead emissions in the 
Arecibo Area within the portion of Arecibo

[[Page 78099]]

Municipality designated nonattainment for the 2008 Lead NAAQS. There 
are no precursors to consider for the lead attainment plan.

b. Emissions Inventory Requirements

i. 2011 Base Year Inventory
    States are required under section 172(c)(3) of the CAA to develop 
comprehensive, accurate and current inventories of actual emissions 
from all sources of the relevant pollutant or pollutants in the area. 
These inventories provide a detailed accounting of all emissions and 
emission sources by precursor or pollutant. In the November 12, 2008, 
Lead Standard rulemaking, the EPA finalized the emissions inventory 
requirements. The current regulations are located at 40 CFR 51.117(e), 
and include, but are not limited to, the following emissions inventory 
requirements:
     The SIP inventory must be approved by the EPA as a SIP 
element and is subject to public hearing requirements; and,
     The point source inventory upon which the summary of the 
baseline for lead emissions inventory is based must contain all sources 
that emit 0.5 or more tons of lead per year (tons/yr).
    For the base year inventory of actual emissions, the EPA generally 
recommends using either the year 2010 or 2011 as the base year for the 
contingency measure calculations, but does provide flexibility for 
using other inventory years if states can show another year is more 
appropriate.\1\ For Lead SIPs, CAA section 172(c)(3) requires that all 
sources of lead emissions in the nonattainment area be submitted with 
the base-year inventory.
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    \1\ See the EPA document titled ``Addendum to the 2008 Lead 
NAAQS Implementation Questions and Answers'' dated August 10, 2012 
located at https://www.epa.gov/lead-air-pollution/lead-state-implementation-plan-sip-checklist-guide and https://www.epa.gov/lead-air-pollution/lead-pb-national-ambient-air-quality-standards-naaqs-implementation-guidance.
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    Puerto Rico selected calendar year 2011 as the base year. This 
inventory included Arecibo, Barceloneta, Ciales, Florida, Hatillo and 
Utuado municipalities. Several facilities located in these 
municipalities that may be a source of lead emissions were considered 
in the inventory. These facilities are: TBRCI, PREPA Cambalache, 
Safetech Corporation, Antonio Nery Juarbe (ANJ) Airport, Eaton, Abbvie 
Ltd., Pfizer Pharmaceuticals LLC, and Merck Sharp & Dohme. TBRCI was a 
secondary lead smelter facility, dedicated to recycling lead-acid 
batteries and had potential lead emissions over 0.5 tons/yr. PREPA 
Cambalache is an electric power facility. Safetech Corporation is a 
nearby source dedicated to the collection, temporary storage and 
disposal by incineration of commercial and industrial non-hazardous 
solid waste. The ANJ Airport is a general aviation airport located near 
TBRCI. Eaton is dedicated to power and transformer manufacturing and 
Abbvie Ltd. (formerly Abbott Laboratories), Merck Sharp and Dohme and 
Pfizer are pharmaceuticals processes. Energy Answers and Sunbeam 
Synergy, two new facilities that are permitted but are not under 
construction yet, were also included in the 2016 emissions inventory. 
For the 2011 emissions inventory, actual emissions were used for 
facilities with actual reported emissions and/or activity data. For 
facilities with no reported 2011 emissions data, the facility maximum 
capacity or permit limits were used to calculate 2011 emissions in 
order to include all possible emissions as part of the attainment 
demonstration analysis. The ANJ Airport lead emissions are from the EPA 
Emissions Inventory System/National Emissions Inventory (EIS/NEI) 
System.
    According to this inventory, the only source of lead emissions of 
0.5 of tons/yr, or more, in 2011 is TBRCI which emitted 1.21 tons of 
lead per year. All other facilities were well below the 0.5 tons/yr 
limit as identified in Table 1. TBRCI was dedicated to the recycling of 
lead batteries for the production of lead of different specifications. 
It produced point source emissions from one furnace and five kettle 
burners and fugitive emissions from material transport and handling.
    The 2011 preliminary air quality modeling studies, emissions 
inventory and ambient air monitoring data indicate that TBRCI fugitive 
emissions are the major contributor to the high lead concentration in 
Arecibo and, therefore, are the focus of the Arecibo attainment plan, 
as discussed in Section IV. In order to comply with the National 
Emission Standards for Hazardous Air Pollutants (NESHAP) for Secondary 
Lead Smelting (40 CFR part 63, subpart X) also known as the Maximum 
Available Control Technology (MACT) standard, TBRCI was required to 
implement control measures to lower the potential fugitive lead 
emissions in the main process building and in the handling operations. 
The PREQB Governing Board determined TBRCI was unable to comply with 
this regulation,\2\ and, accordingly, the PREQB withdrew both the 
construction and operating permits for the facility.
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    \2\ Puerto Rico SIP revision, Appendix G: Translation of 
Resolution R-15-6.
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    The design value used for designating the area as nonattainment was 
based on monitoring data from 2010. For the purposes of calculating the 
nonattainment area emissions inventory, lead emissions data were taken 
from the PREQB's 2011 Emissions Inventory for the area. The EPA has 
determined that the 2011 base year emissions inventory estimates 
submitted are in compliance with CAA section 172(c)(3), are 
conservative and were developed in accordance with the EPA guidance. 
Details of the inventory are provided in the August 30, 2016 submittal. 
Table 1 identifies the base year emissions inventory for 2011.
ii. 2016 Attainment/Projection Inventory
    While the PREQB has two source oriented monitors in Arecibo, there 
is no monitor in the area to provide background concentration. To 
address the lead background concentrations in the attainment modeling 
study, the EPA recommends a multi-source American Meteorological 
Society/Environmental Protection Agency Regulatory Model (AERMOD) be 
run using the background lead emissions from nearby facilities, 
projected to 2016. The municipalities analyzed for background lead 
emissions were Barceloneta, Ciales, Florida, Hatillo, and Utuado. Of 
these municipalities, Barceloneta is the only municipality in addition 
to Arecibo, which has reported lead emissions.
    In accordance with the Lead Guidance \3\ for the Attainment/
Projection Inventory, the maximum allowable emissions should be 
included for the attainment year inventory, which includes only those 
sources within the modeling domain. The EPA modeling guidance, 40 CFR 
part 51 Appendix W provides advice on which sources need to be included 
explicitly (i.e., as point sources) in the modeling and provides for 
including the impacts of smaller and diffuse sources through the use of 
background concentrations and other less specific techniques given the 
relatively lower significance of such sources to the SIP demonstration.
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    \3\ Lead Guideline Document, USEPA, EPA-452/R-93-009, April 
1993, https://www.epa.gov/lead-air-pollution/lead-pb-national-ambient-air-quality-standards-naaqs-implementation-guidance.
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    For Puerto Rico, allowable lead emissions projected to 2016 with 
controls or permit limits were used in the attainment modeling study. 
For existing facilities, allowable emissions with controls or permit 
limits were used to develop the inventory. Energy

[[Page 78100]]

Answers and Sunbeam Synergy are permitted sources that are not under 
construction yet.\4\ These sources did not exist in 2011 but were 
scheduled to start operation in 2016. Their potential allowable lead 
emissions with controls or permit limits were used for the 2016 
projection inventory. The ANJ Airport lead emissions are from the EPA 
EIS/NEI System and were projected to 2016 using the methodology 
recommended by the EPA Office of Transportation and Air Quality (OTAQ). 
Details of the inventory are provided in the SIP submittal. The 
inventory was developed in accordance with CAA Section 172(c)(3) and 
the EPA Lead Guidance. Table 1 identifies the 2016 attainment/
projection year emissions inventory for 2016.
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    \4\ Puerto Rico SIP, Appendix B: 2016 Emissions Projection Year 
Inventory, Arecibo Lead SIP.

    Table 1--Arecibo Lead SIP, Emission Sources in the Baseline Emissions Inventory 2011 and 2016 Attainment/
                                       Projection Year Emissions Inventory
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                                                                                          2016 Lead attainment/
                                                                2011 Lead emissions (In      projection year
               Industry                      Municipality              tons/year)        emissions inventory (In
                                                                                                tons/year)
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PREPA Cambalache.....................  Arecibo................  0.11...................                     0.28
Energy Answers.......................  Arecibo................  DID NOT EXIST IN 2011..                   0.3059
TBRCI................................  Arecibo................  1.21...................                     0.01
Safetech Corporation.................  Arecibo................  0.009..................                    0.009
Eaton................................  Arecibo................  0.000062...............                  0.00075
ANJ Airport..........................  Arecibo................  0.00364................                    0.037
Abbott (Now Abbvie Ltd.).............  Barceloneta............  0.0088.................                   0.0161
Pfizer Pharmaceuticals LLC...........  Barceloneta............  0.001..................                   0.0035
Merck Sharp & Dohme+.................  Barceloneta............  0.00037................                    0.018
Sunbeam Synergy......................  Barceloneta............  DID NOT EXIST IN 2011..                     0.11
                                                               -------------------------------------------------
    Total............................  .......................  1.343..................                  0.79025
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c. Attainment Plan Modeling

    The Puerto Rico modeling analysis was prepared using the EPA's 
preferred dispersion modeling system, AERMOD, consisting of the AERMOD 
model and two data input preprocessors AERMET and AERMAP, consistent 
with the EPA's Modeling Guidance at 40 CFR part 51 Appendix W and 40 
CFR part 51.117. 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) (http://www.the EPA.gov/ttn/scram/) and in Puerto 
Rico's submittal for this proposed action (EPA-R02-OAR-2016-0559) on 
the www.regulations.gov Web site. A brief description of the modeling 
used to support the Commonwealth of Puerto Rico's attainment 
demonstration is provided below.
i. Modeling Approach
    The following is an overview of the air quality modeling approach 
used to demonstrate compliance with the 2008 Lead NAAQS, in Puerto 
Rico's SIP submittal.
    To develop the appropriate meteorological data for the area for use 
in the attainment demonstration, the PREQB used AERMOD pre-processors, 
AERMET and AERMAP to process site specific meteorological data 
collected at PREPA Cambalache. Data from San Juan Airport was also used 
to supplement the PREPA data in those instances where meteorological 
data may have been missing.
    The PREQB used the EPA LEADPOST processor to calculate the lead 
three-month rolling average. To determine the lead background 
concentration that would be representative of the Arecibo area, the 
PREQB conducted a multi-source modelling analysis with projected or 
controlled emissions to 2016 of the facilities in the six 
municipalities (Arecibo, Barceloneta, Ciales, Florida, Hatillo and 
Utuado), including the Arecibo Airport. This approach was used because 
the PREQB does not have an Arecibo lead air quality monitor that is not 
affected by the emissions from TBRCI facility that would be 
representative of the Arecibo area.
    The PREQB developed the 2011 base year and the 2016 control 
strategy emissions inventories for input in the air quality model to 
perform current and control dispersion modeling. The emissions 
inventory was used in the multi-source modeling scenario (see modeling 
protocol in SIP submittal Appendix C and Appendix C-1).
ii. Modeling Results
    The Lead NAAQS compliance results of the AERMOD modeling are 
summarized in Table 2 below. As can be seen in Table 2, the maximum 
three-month rolling average predicted impact with the meteorological 
data (2006-2010) is less than the 2008 Lead NAAQS of 0.15 [mu]g/m\3\ 
for the AERMOD modeling runs. Output from the LEADPOST processor which 
details all of the concentrations can be found in the August 30, 2016 
submittal.

                                            Table 2--Summary Results of Modeling for 2016 Attainment Deadline
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                                                                                      Maximum monthly   Maximum 3-high
                                                                                          predicted     avg. predicted   NAAQS ([mu]g/    Impact greater
                    Pollutant                                  Avg. time               impact ([mu]g/   impact ([mu]g/       m\3\)          than NAAQS
                                                                                           m\3\)            m\3\)
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Lead............................................  3-month rolling...................         0.11318          0.09352             0.15               No
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[[Page 78101]]

    The post control scenario used in the model is heavily influenced 
by the operating status of TBRCI. Based on the post control scenario of 
TBRCI not operating, the model predicts an impact of 0.09352 [mu]g/
m\3\. This data indicates significant reductions in air quality impacts 
with the non-operation closure of the TBRCI facility resulting in 
attainment of the lead NAAQS. The EPA has reviewed the modeling that 
Puerto Rico submitted to support the attainment demonstration for the 
Arecibo Area and has determined that this modeling is consistent with 
CAA requirements, 40 CFR part 51, Appendix W, and the EPA Lead Guidance 
for lead attainment demonstration modeling.

d. RACM/RACT Requirements

    CAA section 172(c)(1) requires that each attainment plan provide 
for the implementation of all RACM for stationary sources as 
expeditiously as practicable for attainment of the NAAQS. The EPA 
interprets RACM, including RACT, under CAA section 172, as measures 
that a State determines to be both reasonably available and to 
contribute to attainment as expeditiously as practicable in the 
nonattainment area. A comprehensive discussion of the RACM/RACT 
requirement for lead attainment plans can be found in the EPA guidance 
(footnote 3).
    TBRCI was the only source of lead emissions of 0.5 tpy or more. 
TBRCI was the primary source of lead emissions in the Arecibo area 
contributing to monitored nonattainment. Therefore, the RACT/RACM 
requirements would focus primarily on TBRCI. However, on June 12, 2014, 
TBRCI notified the PREQB that it would ``temporarily cease 
operations''. As discussed in Section IV.b.1 above, on August 19, 2015, 
the PREQB withdrew both the Construction Permit and Title V Operation 
Permit for TBRCI because the facility was unable to comply with Puerto 
Rico Rule 203(b)(1) and Puerto Rico Rule 604(b) as well as CAA Section 
112 (See footnote 3). Since the PREQB withdrew TBRCI permits, TBRCI is 
no longer operating. Since TBRCI is no longer operating, there are no 
further RACT or RACM necessary for the area to attain the lead NAAQS as 
expeditiously as practicable or by the December 2016 attainment date. 
The EPA notes that TBRCI has no permits to operate as a secondary lead 
smelter facility. Should TBRCI or any other entity decide to start up 
business as a secondary lead smelter facility in the Arecibo area, the 
company will need to obtain the appropriate permits to operate in 
accordance with all applicable laws and regulations of the Commonwealth 
of Puerto Rico and the EPA, including the Commonwealth of Puerto Rico 
Regulations for the Control of the Atmospheric Pollution (RCAP), the 
Puerto Rico Environmental Public Policy Act, Act 416-2004 as amended 
(PREPPA Act 416) and CAA Section 112 MACT requirements. These laws and 
regulations ensure that any new source of lead emissions, or any 
emission, will not interfere with attainment of the NAAQS.
    With respect to fugitive emissions and for all emission sources, 
the Puerto Rico SIP already includes control measures located in RCAP 
Rule 404 (also referenced in the August 30, 2016 submittal).\5\
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    \5\ 62 FR 3213 (Jan. 22, 1997) (approval of RCAP 404 into SIP); 
40 CFR 52.2723.
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     RCAP Rule 404: Where no person shall cause or permit any 
materials to be handled, transported, or stored in a building, its 
appurtenances, or a road to be used, constructed altered, repaired, or 
demolished, without taking reasonable precautions to prevent 
particulate matter (including particulate matter containing lead) from 
becoming airborne including but not limited to:
     Rule 404(A)(1): The use, as much as possible, of water or 
suitable chemicals for chemical stabilization and the control of dust 
in the demolition of a building or structures, construction operations, 
quarrying operations, the grading of roads, or the clearing of land;
     Rule 404(A)(4): The covering, at all times when in motion, 
of open bodied trucks transporting materials likely to give rise to 
airborne dusts;
     Rule 404(A)(3): The installation and use of hoods, fans, 
and fabric filters to enclose and vent dusty materials to control 
harmless fugitive emissions. Adequate containment methods shall also be 
employed during sandblasting or other similar operations;
     Rule 404(A)(6): The paving of road ways and their 
maintenance in a clean condition;
     Rule 404(B): Where no person shall cause or permit the 
discharge of visible emissions of fugitive dust beyond the boundary 
line of the property on which the emissions originate;
     Rule 404(C): Where air pollutant escape from a building or 
equipment and cause a nuisance or violate any regulations, the Board 
may order that the building or equipment in which processing, handling, 
and storage are done, be tightly closed and/or ventilated so that all 
emissions from the building or equipment are controlled to remove or 
destroy such air pollutants before being discharged to the open air; 
and,
     Rule 404(E): Where any new or modified source, the 
construction of which causes or may cause fugitive emissions, shall 
apply for a permit as required in Rule 203.

e. RFP Requirements

    Section 172(c)(2) of the CAA requires that an attainment plan 
includes a demonstration that shows reasonable further progress to 
meeting air quality standards. The term ``reasonable further progress'' 
is defined in CAA section 171 to mean ``such annual incremental 
reductions in the emissions of the relevant air pollutant as are 
required . . . for purpose of ensuring attainment of the applicable 
national ambient air quality standard by the applicable date.'' In 
accordance with CAA section 172(c)(1), the RFP requires implementation 
of all RACM/RACT as ``expeditiously as practicable.''
    Historically, for some pollutants, RFP has been met by showing 
annual incremental emission reductions generally sufficient to maintain 
linear progress toward attainment by the applicable attainment date. As 
stated in the final Lead Rule (73 FR 67039), the EPA concluded that it 
was appropriate that RFP requirements be satisfied by the strict 
adherence to an ambitious compliance schedule, which is expected to 
periodically yield significant emission reductions. For lead 
nonattainment areas, RFP is to be achieved by implementing an emission 
reduction compliance schedule for stationary sources outlined in the 
SIP. The stationary source of concern in the Arecibo area is TBRCI. As 
discussed in Section V.d, TBRCI is no longer operating. Therefore the 
EPA proposes to find that RFP has been achieved in the Arecibo area 
because the emission reduction compliance schedule for the one 
stationary source in question, TBRCI, has been achieved by no longer 
operating.

f. Contingency Measures

    Section 172(c)(9) of CAA requires that SIPs include specific 
contingency measures to be undertaken if the area fails to make 
reasonable further progress or to attain the 2008 lead NAAQS by the 
attainment date which is December 31, 2016, for Arecibo, Puerto Rico.
    Upon determination by the EPA that the area has failed to achieve 
or maintain RFP, or attain the lead NAAQS by the statutory attainment 
date, these contingency measures will take effect without further 
action by the State or the Administrator. The amount of reductions 
yielded by implementation of contingency measures should be quantified 
and, for a five-year plan, the

[[Page 78102]]

measures should reduce emissions by 20 percent of the total amount 
needed for attainment. Under certain circumstances, this amount may be 
derived by reference to reductions in ambient air concentrations (2008 
lead NAAQS Implementation Q&A, July 8, 2011, EPA).
    The PREQB asserts that a comprehensive evaluation of all known lead 
emissions sources has already been accomplished and that RACT (or 
greater) levels of controls have been addressed, as discussed in the 
control measures section of the August 30, 2016 submittal. Contingency 
measures are intended to address any lead emissions that would cause 
any future exceedances of the lead NAAQS. The PREPPA Act 416, Title II, 
Section 9(A)(7) provides PREQB with the authority to order persons 
causing or contributing to a condition which harms the environment and 
natural resources or which poses an imminent danger for the public 
health and safety, to immediately diminish or discontinue their 
actions. Also, PREPPA Act 416, Title II, Section 9(A)(8) provides the 
authority to issue orders to do or forbear or to cease and desist so as 
to take the preventive or control measures that, in its judgment, are 
necessary to achieve the purposes of this Act and the regulations 
promulgated thereunder.
    As discussed above, RCAP Rule 404, which is approved into the SIP, 
contains specific provisions to control fugitive emissions at any 
facility in Puerto Rico are intended to satisfy the CAA 172(c)(9) 
contingency measure requirements.
    In addition to the contingency measures in the Lead SIP, the PREQB 
included actions it will take to better characterize the source of any 
exceedance:
     If during any three-month rolling period, if two samples 
at the same monitor in the Arecibo Nonattainment Area are reported to 
exceed 0.15 [mu]g/m\3\, along with the activities above, the PREQB will 
increase the sampling frequency at that monitor to once every three 
days;
     In addition, if during any three-month rolling period, if 
three samples at the same monitor in the Arecibo Nonattainment Area are 
reported to exceed 0.15 [mu]g/m\3\, along with the activities above, 
the PREQB will conduct daily sampling at that monitor for a period of 
30 days.
    The EPA has determined that the PREQB's SIP addresses the 
requirement for contingency measures pursuant to CAA 172(c)(9) and 
therefore EPA proposes to approve these contingency measures.

g. Attainment Date

    Puerto Rico provided a modeling demonstration to attain the level 
of the 2008 Lead NAAQS for the Arecibo Area by no later than five years 
after the Area was designated nonattainment. The modeling indicates 
that the Arecibo Area will have attaining data for the 2008 Lead NAAQS 
by December 31, 2016. On June 12, 2014, TBRCI notified the PREQB that 
it would ``temporarily cease operations''. As discussed in Section 
IV.b.1 above, on August 19, 2015, the PREQB withdrew both the 
Construction Permit and the Title V Operating Permit for TBRCI because 
the facility was unable to comply with subject regulations of Puerto 
Rico RCAP Rules 203(b)(1) and 604(b) as well as the CAA Section 112 
(see footnote 3). The EPA notes that since September 2015, the data 
from the source oriented Arecibo air monitoring site has been below the 
three-month rolling average for the Lead NAAQS. In addition, the 
modeling demonstrates compliance with the Lead NAAQS. Consequently, the 
EPA proposes that the PREQB has provided an attainment demonstration 
SIP that shows how the Arecibo area will meet the Lead NAAQS.

V. What are the EPA's conclusions?

    The EPA is proposing to approve into the SIP Puerto Rico's lead 
attainment plan for the Arecibo Area. Specifically, the EPA is 
proposing to approve Puerto Rico's August 30, 2016 submittal, which 
includes the attainment demonstration, base year emissions inventory, 
modelling, and contingency measures and addresses RACM/RACT and the RFP 
plan. Permits for the lead smelter, TBRCI, documented as the source of 
high lead emissions, have been withdrawn and it is not operating at 
this time. Accordingly, RACM, RACT and RFP analyses have been met. The 
requirement for RACM/RACT and RFP plan is satisfied because the 
Commonwealth of Puerto Rico demonstrated that the Area will attain the 
2008 Lead NAAQS as expeditiously as practicable, and could not 
implement any additional measures to attain the NAAQS any sooner.
    The EPA notes that since September 2015, the data from the source 
oriented Arecibo air monitoring site has been below the three-month 
rolling average for the Lead NAAQS.
    The EPA's review of the materials submitted indicates that Puerto 
Rico has developed the Lead attainment plan in accordance with the 
requirements of the CAA, 40 CFR part 51 and the EPA's technical 
requirements for a Lead SIP. Therefore, the EPA is proposing to approve 
into the SIP the Lead attainment plan for Arecibo, Puerto Rico.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve 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, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and,
     Does not provide the 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 rulemaking action 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,

[[Page 78103]]

and the 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: October 27, 2016.
Judith Enck,
Regional Administrator, Region 2.
[FR Doc. 2016-26729 Filed 11-4-16; 8:45 am]
 BILLING CODE 6560-50-P


