[Federal Register Volume 62, Number 146 (Wednesday, July 30, 1997)]
[Notices]
[Pages 40792-40795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20010]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 /
Notices
[[Page 40792]]
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DEPARTMENT OF AGRICULTURE
Forest Service
Final Conformity Determination for Proposed Carlota Copper
Project, Pinal and Gila Counties, Arizona
AGENCY: Forest Service, USDA.
ACTION: Notice: Final Conformity Determination for the Proposed Carlota
Copper Project, Pinal and Gila Counties, Arizona.
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SUMMARY: In accordance with the federal Conformity Rule (November 30,
1993, 40 CFR 93.150-160), the United States Department of Agriculture,
Forest Service--Tonto National Forest (Tonto NF) has reviewed the air
quality analysis conducted for the proposed Carolta Copper Project. The
project is proposed to be within Hayden/Miami Planning Area and the
Miami Sulfur Dioxide Nonattainment Area, designated nonattainment areas
for particulate matter less than 10 microns in aerodynamic diameter
(PM10) and sulfur dioxide (SO2), respectively.
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
emission 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 bases for the
presumptions. A comprehensive presentation of the bases for the
conformity presumptions are included in the report, ``Final Conformity
Determination: Carlota Copper Project, Pinal and Gila Counties,
Arizona,'' USDA, Forest Service--Tonto National Forest, July 1997 (the
report). This document is available to the public for reference
purposes.
ADDRESSES: The report, ``Final Conformity Determination: Carlota Copper
Project, Pinal and Gila Counties, Arizona,'' USDA, Forest Service--
Tonto National Forest, Arizona, July 1997, is available for reference
purposes at the following locations: Tonto National Forest Supervisor's
Office, Phoenix, Arizona; Globe Ranger District Office, Globe, Arizona.
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), a subsequent Update to the Plan of Operations (1993), and
numerous letter submittals documenting changes to the Plan of
Operations (as documented in Chapter 2 of the Final Environmental
Impact Statement for the Carlota Copper Project) to 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 project is designated by rule and regulation as a Class
II minor source to be permitted by the Arizona Department of
Environmental Quality (ADEQ). The proposed project is located on
private land and 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 within 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 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 Federal Register (FR) 29383) when EPA identified
and listed the Group I and Group II area 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
PM10 State Implementation Plan (SIP) p. 14).
On November 15, 1990, EPA designated all Group I areas as
``nonattainment'' for PM10. At the same time, EPA announced
that all areas designated as nonattainment area 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:
Township: 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.
On November 10, 1994, ADEQ petitioned EPA to realign the Hayden/
Miami Planning Area PM10 nonattainment 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. To date, there has been no action by EPA to
realign the Hayden/Miami Planning Area, Therefore, the proposed project
remains within the nonattainment area.
Tonto NF concurs with ADEQ's classification of the proposed Carlota
Copper Project as a Class II minor
[[Page 40793]]
source in a nonattainment area. Consequently, the New Source Review
(NSR) permitting programs (i.e., Prevention of Significant
Deterioration (PSD) review for attainment area and nonattainment area
(NAA) review for nonattainment areas) do not apply. Because the Carlota
Copper Project is not subject to these major source permitting
requirements, the Carlota Copper Project cannot take advantage of the
conformity determination exclusion offered under 40 CFR 93.153(d)(1)
and a formal conformity determination is required.
The area has also been classified as a Priority IA Region (40 CFR
52.121) 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 IA classification is
for any area that has been designated a Priority I region primarily
because of emissions from a single source. In this case, the
designation is based on copper smelting operations in Miami, Arizona.
The area is in attainment for 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 SIP to reduce particulate emissions to
achieve and maintain attainment of both the SO2 and
PM10 NAAQS. 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 PM10 SIP. To date,
there has been no final approval of the SIP. ADEQ is in the process of
developing the Miami 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 Clean Air Act section
176(c)(4) (November 15, 1990) 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 93.153(b)(1)) that triggers the requirement to
conduct a conformity determination. Therefore, although the Miami 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
In the absence of a fully approved PM10 SIP for the
Hayden/Miami planning area, according to 40 CFR 93.151, the federal
conformity regulations contained in 40 CFR part 93 apply to the Carlota
Copper Project.\1\ These regulations require a demonstration that total
direct and indirect emissions from the project will not:
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\1\ Given the receipt of several public comments on the issue of
requirements of a conformity determination, it is important to note
that an increment consumption analysis is not a required portion of
a federal conformity determination. For the Carlota Copper Project,
this position is justified on two levels: (1) The conformity rule
(40 CFR part 93) explicitly lists the requirements of a conformity
determination and does not include an increment consumption analysis
on the list of requirements; and (2) because the proposed Carlota
Copper Project is classified as an Arizona Class II (minor) source
in a nonattainment area, an increment consumption analysis is
expressly not required under state or federal rules and regulations.
Concurrence on this position has been offered by the Tonto NF, ADEQ,
EPA Region IX, and the Pinal County Air Pollution Control District.
As a measure of the significance of impacts from the Carlota Copper
Project, the Tonto NF included an assessment of increment
consumption in the Final Environmental Impact Statement.
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1. Cause or contribute to any new violation of any standard in the
area,
2. Interfere with provisions in the applicable SIP for maintenance
of any standard,
3. Increase the frequency or severity of any existing violation of
any standard in any area, or
4. Delay timely attainment of any standard or any required interim
emission reductions or other milestones in the SIP for purposes of
(a) Demonstration of reasonably further progress (RFP),
(b) Demonstration of attainment, or
(c) Maintenance plan.
The Tonto NF has determined that this Conformity Determination is
to establish through a local modeling analysis that PM10
emissions from Carlota emission sources on private and public lands
will not create any new exceedances of the PM10 NAAQS
(``general'' requirement ``1,'' above). For the reasons stated below,
the activities of the proposed Carlota Copper Project conform to
general requirements 2, 3, and 4.
The proposed SIP only serves to bring ambient PM10
concentrations in the Hayden area to levels that are below the NAAQS.
The PM10 nonattainment designation for the Hayden/Miami
Planning Area is a result of expected exceedances of the
PM10 NAAQS proximate to the coppersmelting 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 (not to the proposed
project site). Hayden is located in the southern tip of Gila County,
approximately 25 miles south of the proposed project.
Ambient concentrations monitored in the project area (see the
discussion of background concentrations in the report) and
PM10 monitoring in the town of Miami demonstrate that
exceedances of the NAAQS in the nonattainment area have not occurred
outside of the town of Hayden. Review of the local modeling analysis
for the Carlota Copper Project (discussed in detail in the report)
indicate that particulate impacts in Hayden (25 miles south of the
project) due to emissions from the project are expected to be
negligible (or zero). The proposed project is not expected to interfere
with maintenance of the standard in Hayden and the local modeling
analysis demonstrates protection of the NAAQS in the project area. The
Tonto NF has therefore determined the proposed action to conform with
requirement 2.
Similarly, requirement 3 is met because the project is not expected
to cause any impacts in Hayden, thus emissions from the project will
not increase the frequency or severity of violations of the
PM10 NAAQS that have been monitored in Hayden. There have
been no monitored violations of the PM10 NAAQS in the
proposed project area.
Lastly, requirement 4 is met because there are no interim emission
reductions or other milestones in the proposed SIP that pertain to any
emission sources at the Carlota Copper Project. Particulate emission
control measures in the proposed SIP pertain only to control of
PM10 emissions at two specific copper smelters (and
associated activities) located in Hayden. Any demonstration of
``reasonable further progress,'' attainment, or compliance with a
maintenance plan would only pertain to ambient PM10 levels
in Hayden and/or emission control measures implemented on the subject
emission sources.
III. Conformity Determination Methodology
Local Modeling Analysis. The final Conformity Rule (40 CFR part 93)
specifically allows for the use of a local
[[Page 40794]]
modeling analysis for a conformity determination. 40 CFR
93.158(a)(4)(l) 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) (40 CFR 93.158) requires that the local air quality
modeling analysis shows that an action does not cause or contribute to
any new violation of any standard in any area. Paragraph (b) also
requires that a local air quality analysis 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 (including estimation of emission
control efficiencies) 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) (site-specific parameters are
used when available);
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).
Emissions. For the purposes of a conformity determination, direct
and indirect emissions are defined as follows (40 CFR 92.152):
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 may be 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 quality analysis includes
the total of direct and indirect emissions from Carlota sources on
private and Federal lands using the latest emission factors (for
emission estimates and control efficiencies) specified in AP-42 and
site-specific parameters when available (40 CFR 93.159(b)(2)). The
Tonto NF has determined only emissions sources of PM10 at
the proposed project are of concern with regard to PM10
conformity requirements. 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 conformity and to protect the PM10 NAAQS
at the process area boundary.
The local modeling analysis utilized the EPA-approved ISCST3
dispersion model (Version 95200) with the dry deposition algorithm. The
Tonto NF has reviewed the modeling analysis and has determined that the
model has been run according to the most recent modeling guidelines and
supplements.
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 the maximum of
PM10 emission rates expected to occur over the life of the
project. The distribution of emission sources in the modeling analysis
has been assessed by the Tonto NF to be representative of the spatial
extent of the emissions sources that is expected to produce the maximum
off-site PM10 impacts over the life of the project (40 CFR
93.159(d)(2)). Further, the Tonto NF has not identified any other
emissions or emission sources that the Tonto NF can practicably control
or maintain control of due to a continuing program responsibility for
the project. The report includes a detailed description of emission
sources and controls at the project.
Offsets. 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
(Sec. 93.158(a)(5)(iii)). The Tonto NF has determined that since the
local modeling analysis satisfies the requirements of 40 CFR 93.158(b)
and because there is not a fully approved SIP for the Hayden/Miami
Planning Area that could be revised to include offsets, the local
modeling analysis allowed for in Sec. 93.158(a)(4) is adequate for
determining the conformity of the action.
IV. Presumption of Conformity
The United States Department of Agriculture (USDA) Forest Service--
Tonto National Forest has reviewed the air quality 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 (the Miami Sulfur Dioxide
Nonattainment Area) 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 based on a required
AQCP condition (as issued by ADEQ) to use low sulfur content diesel
fuel. (0.05 percent sulfur by weight) in stationary combustion sources
and the commitment to use low sulfur diesel fuel in all mobile
combustion equipment. This is below the de minimis level of 100 tons
per year for SO2 as defines in the general conformity rule
(40 CFR 93.153). Because projected annual SO2 emissions from
the proposed facility are below the de minimis SO2 level, no
further conformity determination is 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 for PM10 (the Hayden/Miami Planning
Area). 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
[[Page 40795]]
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.)
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.)
The results of the modeling analysis using the EPA-
approved ISCST3 dispersion model (Version 95200) with the dry
deposition algorithm predict maximum 24-hour ambient concentrations
(impact plus background) at the process area boundary to be 110.8
g/m3. This is below the 24-hour PM10
NAAQS of 150 g/m3. (A detailed description of the
modeling analysis results and the printouts of the model input and
output files are included in the report.)
The results of the modeling analysis predict the maximum
average annual ambient concentration at the process area boundary to be
36.9 g/m3. This is below the annual PM10
NAAQS STANDARD OF 50 g/m3. \2\
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\2\ Predicted maximum concentrations (impact plus background) at
Top-of-the-World (located within the nonattainment area) area are
20.4 g/m3 for the 24-hour average and 17.3
g/m3 for the annual average.
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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)).
The Tonto NF has also determined that the planned PM10 controls for
the project are equivalent to Best Available Control Technology (BACT)
for sources of PM10 emissions associated with open-pit
mining operations.
Based on these determinations, the activities at the Carlota Copper
Project is presumed to conform to the applicable conformity
requirements for the project area. The list of activities at the
Carlota Copper Project that are presumed to conform include:
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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 is based on adequate activity
limits, emission limits, emission controls, and monitoring requirements
that have been included in the AQCP No. 071437P0-99 for the Carlota
Copper Project issued by ADEQ. The presumption of conformity assumes
that the requirements in the permit will be adequately enforced by
ADEQ. The Tonto NF lists the following permit requirements (contained
in the Attachment B to the permit) as being critical to the presumption
of conformity of the Carlota Copper Project:
Maximum speed limit of 35 mph for all vehicles and an
average speed for the heavy-duty haul trucks of 15 mph. (Condition
II.D.1)
Unpaved roadway treatment with magnesium chloride, calcium
chloride, or other chemical dust suppressants with equivalent or better
control efficiency in sufficient quantity and frequency to maintain a
ground inventory of 0.25 gallons per square yard. (Condition II.E.2)
Water sprays installed, operated, and maintained
continuously during the times of operation of the primary crusher.
(Condition II.E.2)
Water sprays installed, operated, and maintained
continuously (except as provided by the excess emission rule, A.A.C.
R18-2-306 and 310) during the times of operation of the conveyor
systems, transfer points, process equipment, and storage piles at the
stacker discharge points. (Condition II.E.3)
Baghouse installed and operated on the secondary crusher
and associated vibrating screen. (Condition II.G.1)
A weight rate of mined rock (waste rock and ore combined)
shall not exceed 125,000 tons per 24-hour calendar day and 29 million
tons per year. (Condition III.A)
Burn only diesel no. 2 fuel with a sulfur content of less
than 0.05 percent in the SX/EW tankhouse boiler and backup generator
and the leach pad backup generator. (Condition II, Boiler and Generator
Emissions, C.1)
An ambient PM10 monitor installed, near the
boundary of the mining activity in the general direction of the
Superstition Wilderness, operated on an every-sixth-day schedule, and
maintained in accordance with applicable manufacturer's instructions,
EPA handbooks, and federal requirements (Condition IV.A).
Dated: July 22, 1997.
Charles R. Bazan,
Forest Supervisor.
[FR Doc. 97-20010 Filed 1-29-97; 8:45 am]
BILLING CODE 3410-01-M
