[Federal Register Volume 61, Number 37 (Friday, February 23, 1996)]
[Notices]
[Pages 6967-6970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3804]
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DEPARTMENT OF AGRICULTURE
Conformity Determination for the Proposed Carlota Copper Project,
Pinal and Gila Counties, AZ
AGENCY: Forest Service, USDA.
ACTION: Notice of availability.
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SUMMARY: In accordance with the federal Conformity Rule (November 15,
1993, 40 CFR 51.850-51.860), the United States Department of
Agriculture, Forest Service--Tonto National Forest (Tonto NF) has
reviewed the air quality analysis conducted for the proposed Carlota
Copper Project to be located within the Hayden/Miami, Arizona, planning
area that has been designated a nonattainment area for particulate
matter less than 10 microns in aerodynamic diameter (PM10) and
sulfur dioxide (SO2). The Tonto NF's review has been conducted
consistent with the requirements of 40 CFR Part 93, Subpart B:
``Determining Conformity of General Federal Activities to State or
Federal Implementation Plans (SIP)'', issued on November 30, 1993.
The Tonto NF has determined that total annual emissions of SO2
from the proposed project are less than the de minimis mission
threshold (40 CFR Part 93) that triggers the requirement to conduct a
conformity determination.
Annual PM10 emissions have been determined to exceed the
PM10 de minimis threshold and the Tonto NF has prepared a
conformity determination for this pollutant. As per the requirement in
40 CFR 93.153(h)(1), this Federal Register notice lists the proposed
activities that are presumed to conform and the basis for the
presumptions. A comprehensive presentation of the bases for the
conformity presumptions are included in the report, ``Conformity
Determination: Carlota Copper Project,'' USDA, Forest Service--Tonto
National Forest, February, 1996. This document
[[Page 6968]]
is currently available for public review and comment.
DATES: Public comment period ends March 25, 1996.
ADDRESSES: The report, ``Conformity Determination: Carlota Copper
Project,'' USDA, Forest Service--Tonto National Forest, February, 1996,
is available for public review at the following locations: Tonto
National Forest Supervisor's Office, Phoenix, AZ; Globe Ranger District
Office, Globe, AZ. All comments should be in writing and sent to:
Forest Supervisor, Tonto National Forest, 2324 E. McDowell Road,
Phoenix, AZ 85006.
FOR FURTHER INFORMATION CONTACT: Paul M. Stewart, Tonto National
Forest, 2324 E. McDowell Road, Phoenix, AZ 85006, (602) 225-5200.
SUPPLEMENTARY INFORMATION:
I. Background
The Carlota Copper Company has submitted a Plan of Operations
(1992) and a subsequent Update to the Plan of Operations (1993) to the
Globe Ranger District of the United States Department of Agriculture
(USDA) Forest Service--Tonto National Forest (Tonto NF) for the
construction, operation, and reclamation of the Carlota Copper Project
(project), a copper mining and processing operation. The proposed
project is located on lands administered by the Tonto NF. Specifically,
the project is located in Gila and Pinal Counties, approximately 7
miles west of Miami, Arizona.
A portion of the project is proposed to be located in the northern
part of an area that has been designated by the United States
Environmental Protection Agency (EPA) as a nonattainment area for the
annual and 24-hour National Ambient Air Quality Standard (NAAQS) for
particulate matter less than 10 microns in aerodynamic diameter
(PM10). The first phase of the PM10 nonattainment designation
occurred August 7, 1987, (52 FR 29383) when EPA identified and listed
the Group I and Group II areas in each state. The Hayden/Miami planning
area was designated a Group I area. A Group I area is an area that has
been estimated by EPA to have a 95 percent or greater probability of
exceeding the PM10 standards. (Hayden Area SIP/PM10, p. 14).
On March 15, 1991, EPA designated all Group I areas as
``nonattainment'' for PM10. At the same time, EPA announced that
all areas designated as nonattainment for PM10 were classified as
``moderate'' nonattainment areas. Therefore, the Hayden/Miami planning
area is classified as a moderate nonattainment area for PM10. A
moderate area is a nonattainment area that the Administrator has
determined can practicably attain the NAAQS for PM10 by the
attainment date for moderate areas (as expeditiously as practicable but
no later than the sixth calendar year after the area's designation as
nonattainment). (Clean Air Act, Section 188 a-c.) The Hayden/Miami
planning area consists of:
Townships: T4S, R16E; T5S, R16E; T6S, R16E,
The portion of Township T3S, R16E that does not lie on the
San Carlos Indian Reservation, and
The rectangle formed by, and including Townships: T1N,
R13E; T1N, R15E; T6S, R13E; T6S, R15E.
The portion of the project area that is within the moderate
nonattainment area is in the rectangle formed by the four townships.
Specifically, the project area is located within Township T1N, R13E.
The area has also been classified as a Priority 1A Region (40 CFR
52.120) for sulfur dioxide (SO2). States are required to prepare
and submit a SIP that demonstrates attainment and maintenance of the
NAAQS in Priority I Regions. The Priority 1``A'' classification is for
any area that has been designated a Priority 1 region primarily because
of emissions from a single source. In this case, the designation is
based on copper smelting operations in Hayden, Arizona. The area is in
attainment of all other criteria pollutants: carbon monoxide, nitrogen
dioxide, lead, and ozone.
Section 110 of the Clean Air Act requires that the State of Arizona
prepare and submit to the EPA a State Implementation Plan (SIP) to
reduce particulate emissions to achieve and maintain attainment of both
the SO2 and PM10 NAAQS. The Arizona Department of
Environmental Quality (ADEQ) has developed a PM10 SIP designed to
reduce and maintain ambient concentrations of PM10 to levels below
the NAAQS for PM10. EPA has proposed partial approval of the
Hayden/Miami PM10 SIP. To date, there has been no final approval
of the SIP. ADEQ is in the process of developing the SO2 SIP.
Due to the proposed location of the project in the nonattainment
area and the Tonto NF's affirmative role as Federal Land Manager, the
Tonto NF has the responsibility under the Conformity Rule (November 15,
1993, CFR 51.850-51.860) to make a determination as to whether the
proposed project conforms with all aspects of the applicable SIP for
the area. The Tonto NF has reviewed the air quality analysis conducted
for this project consistent with the requirements of 40 CFR Part 93
Subpart B: ``Determining Conformity of General Federal Actions to State
or Federal Implementation Plans (SIP)'', issued on November 30, 1993.
The Tonto NF has determined that total annual emissions of SO2
from the project are less than the de minimis emission threshold (40
CFR Part 93) that triggers the requirement to conduct a conformity
determination. Therefore, although the Hayden area has been designated
a nonattainment area for SO2, a conformity determination for
SO2 emissions is not required. Annual PM10 emissions have
been determined to exceed the de minimis threshold and the Tonto NF has
determined that a conformity determination is required for PM10.
II. Requirements of the Conformity Determination
The purpose of the conformity analysis is to establish the Carlota
Copper Project's conformity with the Hayden area PM10 SIP, thereby
demonstrating that total direct and indirect emissions from the project
will not:
cause or contribute to any new violation of any standard
in the area,
interfere with provisions in the applicable SIP for
maintenance of any standard,
increase the frequency or severity of any existing
violation of any standard in any area, or
delay timely attainment of any standard or any required
interim emission reductions or other milestones in the SIP for purposes
of
(a) a demonstration of reasonably further progress (RFP),
(b) a demonstration of attainment, or
(c) a maintenance plan.
For the purposes of a conformity determination, direct and indirect
emissions are defined as follows (40 CFR 93.152):
Direct Emissions: Those emissions of a criteria pollutant
or its precursors that are caused or initiated by the Federal action
and occur at the same time and place as the action;
Indirect Emissions: Those emissions of a criteria
pollutant or its precursors that:
1. Are caused by the Federal action, but may occur later in time
and/or maybe further removed in distance from the action itself but are
still reasonably foreseeable; and
2. The Federal agency can practicably control and will maintain
control over due to a continuing program responsibility of the Federal
agency.
For the Carlota Copper Project, the Tonto NF has determined that
the emissions inventory prepared for the air
[[Page 6969]]
quality analysis includes the total of direct and indirect emissions
from the project. The Tonto NF has determined that the emissions of
concern with regard to PM10 SIP conformity of the emission sources
at the proposed Carlota Copper Project are restricted to PM10
emissions. The basis for designation of the area as nonattainment was
PM10 emissions (not precursors) from mining activities (associated
with smelting activities in Hayden, AZ). Precursors of PM10 were
also not incorporated in the SIP analysis for the nonattainment area.
The Tonto NF maintains that a conformity determination based on
PM10 emissions will be adequate to assess SIP conformity and to
protect the PM10 NAAQS at the process area boundary.
Emissions from process and non-process sources at the project are
direct emissions under the definition above. The Tonto NF has
determined that the hourly and annual emission estimates prepared for
the air quality analysis are representative of PM10 emission rates
over the life of the project and that the distribution of emission
sources in the modeling analysis is representative of the spatial
extent of the emissions sources over the life of the project. Further,
the Tonto NF has not identified any other emissions or emissions
sources that the Tonto NF can practicably control or maintain control
of due to a continuing program responsibility at the project. The
report, ``Conformity Determination: Carlota Copper Project,'' USDA,
Forest Service--Tonto National Forest, February 1996, includes a
detailed description of emission sources and controls at the project.
The PM10 nonattainment designation for the Hayden/Miami
planning area is a result of expected exceedances of the PM10
NAAQS proximate to the copper smelting activities in the town of
Hayden. As a result, the ``design value'' (i.e., the predicted ambient
level of PM10 upon which the controls in the SIP are based)
pertains to particulate levels in Hayden, as opposed to the proposed
project site. Furthermore, particulate emission control measures in the
SIP pertain only to control of PM10 emissions at two specific
copper smelters (and associated activities) located in Hayden. Hayden
is located in the southern tip of Gila County, approximately 25 miles
south of the proposed project.
The results of the impact modeling analysis used for this
conformity determination indicate that the Carlota Copper Project is
not expected to cause any increase in ambient PM10 levels in the
Hayden area. The most distant receptor to the south of the project (in
the direction of Hayden) is approximately 6 miles due south of the
center of the proposed process area. The maximum predicted 24-hour and
the annual average PM10 impacts at this receptor are predicted to
be less than 6.8 /m3 and 0.3 /m3,
respectively. Hayden is four times further away from the Carlota Copper
Project that this receptor. The model results suggest that particulate
impacts at Hayden, 25 miles to the south of the project, would be
negligible (or zero). (The report, ``Conformity Determination: Carlota
Copper Project,'' USDA, Forest Service--Tonto National Forest, February
1996, includes a description of modeling approach, presents the results
of the modeling analyses, and includes printouts of the input and
output files of the modeling analyses.)
On November 10, 1994, ADEQ petitioned EPA to re-align the Hayden/
Miami PM10 nonattainment are boundary. Based on topographical and
climatological differences, as well as no monitored exceedances of the
PM10 NAAQS in the Miami area, ADEQ requested that Townships T1N,
R13E-R15E and T1S, R13E-R15E be excluded from the nonattainment area.
This area includes the proposed Carlota Copper Project area. This
petition, and the history of monitored compliance with the NAAQS in
Miami, underscores the fact that the air quality issues addressed in
the SIP do not pertain to air quality issues in the project area.
Based on this information, the Tonto NF has determined that this
conformity determination is to establish through a local modeling
analysis that PM10 emissions from the proposed project will not
create any new exceedances of the PM10 NAAQS. The other conformity
criteria (listed in the first paragraph of this section) are not
applicable to the Carlota Copper Project due to the conditions of the
nonattainment area, the ambient levels of PM10 at the project
site, and the source specific controls in the SIP.
The final Conformity Rule (40 CFR 93) specifically allows for the
use of a local modeling analysis for a conformity determination. 40 CFR
93.158.a.4.i stipulates:
Where the State agency primarily responsible for the applicable
SIP determines that an area-wide air quality modeling analysis is
not needed, the total of direct and indirect emissions from the
action meet the requirements specified in paragraph (b) of this
section, based on local air quality modeling analysis * * *
Paragraph (b) requires that the local air quality modeling analysis
must show that an action does not cause or contribute to any new
violation of any standard in any area, nor does the action increase the
frequency or severity of any existing violation of any standard in any
area. Paragraph (b) also requires that requirements and milestones in
the SIP must not be violated. (There are no requirements or milestones
that apply to any sources other than the identified smelter sources in
Hayden.) A complete air quality analysis and identification of any
necessary mitigation measures is also required by paragraph (b).
Lastly, paragraph (b) requires that a local air quality analysis
must meet the applicable requirements of 40 CFR 93.159, Procedures for
Conformity Determinations of General Federal Actions. The applicable
requirements of 93.159 are:
The analysis must be based on the latest and most accurate
emission estimation techniques available for stationary and area
sources of emissions, defined as the latest emission factors specified
by EPA in AP-42 (``Compilation of Emission Factors''), unless more
accurate emission data are available (93.159.b.2):
The analysis must be based on the applicable air quality
models, data bases, and other requirements specified in the most recent
version of the ``Guideline on Air Quality Models (Revised)'' (1986)
including supplements (93.159.c); and
The analysis must be based on the total of direct and
indirect emissions from the action and must reflect emission scenarios
that are expected to occur the year during which total emissions are
expected to be the greatest on an annual basis (93.159.d.2).
As an option to a modeling analysis, 40 CFR 93.158 allows an action
to fully offset its emissions within the same nonattainment area
through a revision to the applicable SIP or an equally enforceable
measure that effects emission reductions equal to or greater than the
total of direct and indirect emissions from the action so that there is
no net increase in emissions of that pollutant (93.158.a.5.iii). The
Tonto NF has determined that since the local modeling analysis
satisfies the requirements of paragraph (b) and because there is not a
fully approved SIP for the Hayden/Miami are that could be revised to
include offsets, the local modeling analysis allowed for in 93.158.a.4
is adequate for determining the conformity of the action.
III. Presumption of Conformity
The Globe Ranger District of the United States Department of
Agriculture (USDA) Forest Service--Tonto National Forest has reviewed
the air quality
[[Page 6970]]
analysis conducted for the Carlota Copper Project (consistent with the
requirement of 40 CFR Part 93, ``Determining Conformity of General
Federal Actions to State or Federal Implementation Plans (SIP)'',
issued on November 30, 1993.
For purposes of emissions of sulfur dioxide (SO2), the project
is proposed to be located in an area designated as nonattainment for
SO2, although there is not an approved SO2 SIP for the
nonattainment area. The Tonto NF has reviewed the air quality analysis
and determined that predicted direct and indirect emissions of SO2
are 26 tons per year. This is below the de minimis level of 100 tons
per year for SO2 as defined in the general conformity rule (40 CFR
93.153). Since the proposed facility conforms with the allowed
emissions limitation, no further conformity determination was deemed
necessary.
For purposes of emissions of particulate matter with aerodynamic
diameter less than 10 microns (PM10), the project is proposed to
be located in an area designated as a moderate nonattainment area of
PM10. The air quality analysis for the project indicates that
predicted direct and indirect emissions of PM10 exceed the de
minimis level for moderate PM10 areas (100 tons per year).
Therefore, the Tonto NF has reviewed the local PM10 emissions
modeling analysis for the project and has determined the following:
The methods for estimating direct and indirect emissions
from the project meet the requirements of 40 CFR 93.159. The emissions
scenario used in the air quality analysis is expected to produce the
greatest off-site impacts on a daily and annual basis. (A detailed
description of the emission sources and detailed emissions inventory
tables are included in the report, ``Conformity Determination: Carlota
Copper Project,'' USDA, Forest Service--Tonto National Forest,
February, 1996.)
The local PM10 emissions modeling methodology is
appropriate for determining whether emissions from the project will
cause or contribute to any new violation of the PM10 National
Ambient Air Quality Standard (NAAQS) and meet the requirements of 40
CFR 93.159. (A detailed description of the local PM10 emissions
modeling methodology is included in the report, ``Conformity
Determination: Carlota Copper Project,'' USDA, Forest Service--Tonto
National Forest, February, 1996.)
The results of the modeling analysis predict maximum 24-
hour ambient concentrations at the process area boundary to be 110.8
/m3. This is below the 24-hour PM10 NAAQS of 150
/m3. (A detailed description of the modeling analysis
results and the printouts of the model input and output files are
included in the report, ``Conformity Determination: Carlota Copper
Project,'' USDA, Forest Service--Tonto National Forest, February,
1996.)
The results of the modeling analysis predict the maximum
average annual ambient concentration at the process area boundary to be
36.9 /m3. This is below the annual PM10 NAAQS
standard of 50 /m3.
The action does not cause or contribute to any new
violation of any standard in any area (40 CFR 93.158.b.2.i).
The action does not increase the frequency or severity of
any existing violation of any standard in any area (40 CFR
93.158.b.2.ii).
The action does not violate any requirements or milestones
in the SIP (no requirements or milestones are applicable to the project
(40 CFR 93.158.c).
Based on these determinations, the activities at the Carlota Copper
Project is presumed to conform to the applicable SIPs for the project
area. The list of activities at the Carlota Copper Project that are
presumed to conform include:
------------------------------------------------------------------------
Process Non-process
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Primary crusher system.................... Topsoil removal.
Conveyor systems.......................... Topsoil unloading to
stockpiles.
Secondary crusher system.................. Blast hole drilling.
Boiler.................................... Blasting.
Back-up generator......................... Loading/unloading of ore and
mine rock.
Hauling or ore and mine
rock.
Combustion emissions from
mobile equipment.
Travel of mine equipment
other than haul trucks.
Haul road maintenance.
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This presumption of conformity assumes that adequate activity
limits, emission limits, emission controls, and monitoring requirements
will be included in the Air Installation Permit for the Carlota Copper
Project and will be adequately enforced by the issuing agency, the
Arizona Department of Environmental Quality.
Dated: February 13, 1996.
Charles R. Bazan,
Forest Supervisor.
[FR Doc. 96-3804 Filed 2-22-96; 8:45 am]
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