81 FR 24536 - Air Plan Approval and Air Quality Designation; TN; Redesignation of the Sullivan County Lead Nonattainment Area to Attainment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 80 (April 26, 2016)

Page Range		24536-24544
FR Document		2016-09600
On July 15, 2015, the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Bristol, Tennessee 2008 lead nonattainment area (hereafter referred to as the ``Bristol Area'' or the ``Area'') to attainment for the 2008 lead National Ambient Air Quality Standards (NAAQS) and an associated State Implementation Plan (SIP) revision containing a maintenance plan and a reasonably available control measures (RACM) determination for the Area. EPA is proposing to determine that the Bristol Area is continuing to attain the 2008 lead NAAQS; to approve the SIP revision containing the State's maintenance plan for maintaining attainment of the 2008 lead standard and the State's RACM determination; and to redesignate the Bristol Area to attainment for the 2008 lead NAAQS.
Federal Register, Volume 81 Issue 80 (Tuesday, April 26, 2016)
[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)]
[Proposed Rules]
[Pages 24536-24544]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09600]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2012-0323; FRL-9945-63-Region 4]


Air Plan Approval and Air Quality Designation; TN; Redesignation 
of the Sullivan County Lead Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On July 15, 2015, the State of Tennessee, through the 
Tennessee Department of Environment and Conservation (TDEC), submitted 
a request for the Environmental Protection Agency (EPA) to redesignate 
the Bristol, Tennessee 2008 lead nonattainment area (hereafter referred 
to as the ``Bristol Area'' or the ``Area'') to attainment for the 2008 
lead National Ambient Air Quality Standards (NAAQS) and an associated 
State Implementation Plan (SIP) revision containing a maintenance plan 
and a reasonably available control measures (RACM) determination for 
the Area. EPA is proposing to determine that the Bristol Area is 
continuing to attain the 2008 lead NAAQS; to approve the SIP revision 
containing the State's maintenance plan for maintaining attainment of 
the 2008 lead standard and the State's RACM determination; and to 
redesignate the Bristol Area to attainment for the 2008 lead NAAQS.

DATES: Comments must be received on or before May 26, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0323 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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,

[[Page 24537]]

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. EPA will generally not 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: Sean Lakeman of the Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Lakeman may be reached by phone at (404) 562-9043 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. What are the actions EPA is proposing to take?

    EPA is proposing to take the following four separate but related 
actions: (1) To approve Tennessee's RACM determination for the Bristol 
Area pursuant to Clean Air Act (CAA) section 172(c)(1) into the SIP; 
(2) to determine that the Area is continuing to attain the 2008 lead 
NAAQS; (3) to approve Tennessee's maintenance plan for maintaining the 
2008 lead NAAQS in the Area into the SIP; and (4) to redesignate the 
Area. The Bristol Area is comprised of the portion of Sullivan County, 
Tennessee, bounded by a 1.25 kilometer radius surrounding the Universal 
Transverse Mercator (UTM) coordinates 4042923 meters E., 386267 meters 
N., Zone 17, which surrounds the lead acid-battery manufacturing and 
lead oxide production facility owned by Exide Technologies (Exide 
Facility).
    EPA's 2008 lead nonattainment designation for the Area triggered an 
obligation for Tennessee to develop a nonattainment SIP revision 
addressing certain CAA requirements under title I, part D, subpart 1 
(hereinafter ``Subpart 1'') and to submit that SIP revision in 
accordance with the deadlines in title I, part D, subpart 5. Subpart 1 
contains the general requirements for nonattainment areas for criteria 
pollutants, including requirements to develop a SIP that provides for 
the implementation of RACM, requires reasonable further progress (RFP), 
includes base-year and attainment-year emissions inventories, and 
provides for the implementation of contingency measures. On August 29, 
2012, EPA published a final determination that the Area had attained 
the 2008 lead NAAQS by the attainment date based on quality-assured and 
certified ambient air monitoring data for the 2007-2009 time period. 
See 77 FR 52232. In that determination and in accordance with EPA's 
clean data policy, EPA suspended the requirements for the Area to 
submit a SIP revision addressing RACM, RFP plans, contingency measures, 
and certain other Subpart 1 requirements so long as the Area continues 
to attain the 2008 lead NAAQS.\1\ Although these requirements are 
suspended, EPA is proposing to determine that the State's Subpart 1 
RACM determination meets the requirements of section 172(c)(1) of the 
CAA and is proposing to approve this RACM determination into the SIP 
for the reasons discussed in Section V.A, below.
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    \1\ Following enactment of the CAA Amendments of 1990, EPA 
promulgated its interpretation of the requirements for implementing 
the NAAQS in the general preamble for the Implementation of Title I 
of the CAA Amendments of 1990 (General Preamble) 57 FR 13498, 13564 
(April 16, 1992). In 1995, based on the interpretation of CAA 
sections 171 and 172, and section 182 in the General Preamble, EPA 
set forth what has become known as its ``Clean Data Policy'' for the 
1-hour ozone NAAQS. See Memorandum from John S. Seitz, Director, 
Office of Air Quality Planning and Standards, ``RFP, Attainment 
Demonstration, and Related Requirements for Ozone Nonattainment 
Areas Meeting the Ozone National Ambient Air Quality Standard'' (May 
10, 1995). Since 1995, EPA has applied its interpretation under the 
Clean Data Policy in many rulemakings, suspending certain 
attainment-related planning requirements for individual areas, based 
on a determination of attainment and that interpretation has been 
upheld by federal courts. For more information on the Clean Data 
Policy and its application to the 2008 lead NAAQS, see EPA's August 
29, 2012, final action. See 77 FR 52232.
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    EPA is also making the preliminarily determination that the Bristol 
Area is continuing to attain the 2008 lead NAAQS based on recent air 
quality data, and proposing to approve Tennessee's maintenance plan for 
the Bristol Area as meeting the requirements of section 175A (such 
approval being one of the CAA criteria for redesignation to attainment 
status). The maintenance plan is designed to keep the Bristol Area in 
attainment of the 2008 lead NAAQS through 2025. As explained in Section 
V.B, below, EPA is also proposing to determine that attainment can be 
maintained through 2026.
    EPA is also proposing to determine that the Bristol Area has met 
the requirements for redesignation under section 107(d)(3)(E) of the 
CAA. Accordingly, in this action, EPA is proposing to approve a request 
to change the legal designation of the Bristol Area from nonattainment 
to attainment for the 2008 lead NAAQS.
    In summary, today's notice of proposed rulemaking is in response to 
Tennessee's July 15, 2015, redesignation request and associated SIP 
submission that address the specific issues summarized above and the 
necessary elements described in section 107(d)(3)(E) of the CAA for 
redesignation of the Bristol Area to attainment for the 2008 lead 
NAAQS.\2\
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    \2\ The date of the transmittal letter for Tennessee's submittal 
is July 10, 2015.
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II. What is the background for EPA's proposed actions?

    On November 12, 2008, EPA promulgated a revised primary and 
secondary lead NAAQS of 0.15 micrograms per cubic meter ([micro]g/
m\3\). See 73 FR 66964. Under EPA's regulations at 40 CFR part 50, the 
2008 lead NAAQS are met when the maximum arithmetic 3-month mean 
concentration for a 3-year period, as determined in accordance with 
appendix R of 40 CFR part 50, is less than or equal to 0.15 [micro]g/
m\3\. See 40 CFR 50.16. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement.
    EPA designated the Bristol Area as a nonattainment area for the 
2008 lead NAAQS on November 22, 2010 (effective December 31, 2010), 
using 2007-2009 ambient air quality data. See 75 FR 71033. This 
established an attainment date five years after the December 31, 2010, 
effective date for the 2008 lead nonattainment designations pursuant to 
CAA section 172(a)(2)(A). Therefore, the Bristol Area's attainment date 
is December 31, 2015.
    As discussed above, EPA determined that Tennessee had attained the 
2008 lead NAAQS prior to the attainment date and issued a Clean Data 
Determination on August 29, 2012. See 77 FR 52232. Although a Clean 
Data Determination waives the requirements for an attainment 
demonstration, a state must submit, and EPA must approve, a 
redesignation request and a maintenance plan SIP revision before an 
area can be redesignated to attainment.

III. What are the criteria for redesignation?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA 
allows for redesignation providing that: (1) The Administrator 
determines that the area has attained the applicable NAAQS; (2) the 
Administrator has fully approved the applicable implementation plan for

[[Page 24538]]

the area under section 110(k); (3) the Administrator determines that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
SIP and applicable Federal air pollutant control regulations and other 
permanent and enforceable reductions; (4) the Administrator has fully 
approved a maintenance plan for the area as meeting the requirements of 
section 175A; and (5) the state containing such area has met all 
requirements applicable to the area for purposes of redesignation under 
section 110 and part D of the CAA.
    On April 16, 1992, EPA provided guidance on redesignation in the 
General Preamble for the Implementation of title I of the CAA 
Amendments of 1990 (57 FR 13498), and supplemented this guidance on 
April 28, 1992 (57 FR 18070). EPA has provided further guidance on 
processing redesignation requests in the following documents:
    1. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (hereafter referred to as the 
``Calcagni Memorandum'');
    2. ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992; and
    3. ``Part D New Source Review (Part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994.

IV. Why is EPA proposing these actions?

    On July 15, 2015, Tennessee requested that EPA redesignate the 
Bristol Area to attainment for the 2008 lead NAAQS and submitted an 
associated SIP revision containing a maintenance plan and a Subpart 1 
RACM determination. EPA's evaluation indicates that the RACM 
determination meets the requirements of CAA section 172(c)(1), the 
Bristol Area continues to attain the 2008 lead NAAQS, and the Bristol 
Area meets the requirements for redesignation as set forth in section 
107(d)(3)(E)(i), including the maintenance plan requirements under 
section 175A of the CAA. As a result, EPA is proposing to take the four 
related actions summarized in section I of this notice.

V. What is EPA's analysis of the state's redesignation request and SIP 
revision?

    As stated above, in accordance with the CAA, EPA proposes in this 
action to: (1) Approve Tennessee's Subpart 1 RACM determination for the 
Bristol Area into the Tennessee SIP; (2) determine that the Area is 
continuing to attain the 2008 lead NAAQS; (3) approve the 2008 lead 
NAAQS maintenance plan for the Area into the SIP; and (4) redesignate 
the Area to attainment for the 2008 lead NAAQS.

A. RACM Determination

1. Relationship Between Subpart 1 RACM and the Redesignation Criteria
    EPA does not believe that Subpart 1 nonattainment planning 
requirements, including RACM, are ``applicable'' for purposes of CAA 
section 107(d)(3)(E)(ii) once an area is attaining the NAAQS and, 
therefore, does not believe that these planning requirements must be 
approved into the SIP before EPA can redesignate an area to attainment. 
See 80 FR 16331 (March 27, 2015). However, on March 18, 2015, the 
United States Court of Appeals for the Sixth Circuit (Sixth Circuit) 
issued an opinion in Sierra Club v. EPA, 781 F.3d 299 (6th Cir. 2015), 
that is inconsistent with this longstanding interpretation regarding 
section 107(d)(3)(E)(ii). In its decision, the Court vacated EPA's 
redesignation of the Indiana and Ohio portions of the Cincinnati-
Hamilton nonattainment area to attainment for the 1997 PM2.5 
NAAQS because EPA had not yet approved Subpart 1 RACM for the 
Cincinnati Area into the Indiana and Ohio SIPs.\3\ The Court concluded 
that ``a State seeking redesignation `shall provide for the 
implementation' of RACM/RACT, even if those measures are not strictly 
necessary to demonstrate attainment with the PM2.5 NAAQS. . 
. . If a State has not done so, EPA cannot `fully approve[]' the area's 
SIP, and redesignation to attainment status is improper.'' Sierra Club, 
781 F.3d at 313.
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    \3\ The Court issued an amended decision on July 14, 2015, 
revising some of the legal aspects of the Court's analysis of the 
relevant statutory provisions (section 107(d)(3)(E)(ii) and section 
172(c)(1)) but maintaining its prior holding that section 172(c)(1) 
``unambiguously requires implementation of RACM/RACT prior to 
redesignation . . . even if those measures are not strictly 
necessary to demonstrate attainment with the PM2.5 
NAAQS.'' See Sierra Club v. EPA, 793 F.3d 656, 670 (6th Cir. 2015).
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    EPA is bound by the Sixth Circuit's decision in Sierra Club v. EPA 
within the Court's jurisdiction.\4\ Although EPA continues to believe 
that Subpart 1 RACM is not an applicable requirement under section 
107(d)(3)(E) for an area that has already attained the 2008 lead NAAQS, 
EPA is proposing to approve Tennessee's RACM determination into the SIP 
pursuant to the Court's decision.^{5 6}
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    \4\ The states of Kentucky, Michigan, Ohio, and Tennessee are 
located within the Sixth Circuit's jurisdiction.
    \5\ Pursuant to 40 CFR 56.5(b), the EPA Region 4 Regional 
Administrator signed a memorandum on July 20, 2015, seeking 
concurrence from the Director of EPA's Air Quality Policy Division 
(AQPD) in the Office of Air Quality Planning and Standards to act 
inconsistent with EPA's interpretation of CAA sections 107(d)(3)(E) 
and 172(c)(1) when taking action on pending and future redesignation 
requests in Kentucky and Tennessee because the Region is bound by 
the Sixth Circuit's decision in Sierra Club v. EPA. The AQPD 
Director issued her concurrence on July 22, 2015. The July 20, 2015, 
memorandum with AQPD concurrence is located in the docket for 
today's proposed actions.
    \6\ On September 3, 2015, the Sixth Circuit denied the petitions 
for rehearing en banc of this portion of its opinion that were filed 
by EPA, the state of Ohio, and industry groups from Ohio. Sierra 
Club v. EPA, Nos. 12-3169, 12-3182, 12-3420, Doc. 136-1 (6th Cir. 
Sept. 3, 2015). On March 28, 2016, the United States Supreme Court 
denied Ohio's petition for a writ of certiorari seeking review of 
Sierra Club v. EPA.
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2. Subpart 1 RACM Requirements
    Subpart 1 requires that each attainment plan ``provide for the 
implementation of all reasonably available control measures as 
expeditiously as practicable (including such reductions in emissions 
from the existing sources in the area as may be obtained through the 
adoption, at a minimum, of reasonably available control technology), 
and shall provide for attainment of the national primary ambient air 
quality standards.'' See CAA section 172(c)(1). EPA has consistently 
interpreted this provision to require only implementation of potential 
RACM measures that could advance attainment.\7\ Thus, where an area is 
already attaining the standard, no additional RACM measures are 
required. EPA's interpretation that Subpart 1 requires only the 
implementation of RACM measures that would advance attainment was 
upheld by the United States Court of Appeals for the Fifth Circuit \8\ 
and by the United States Court of Appeals for the DC Circuit.\9\
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    \7\ This interpretation was adopted in the General Preamble, see 
57 FR 13498 (April 16, 1992), and has been upheld as applied to the 
Clean Data Policy, as well as to nonattainment SIP submissions. See 
NRDC v. EPA, 571 F.3d 1245 (D.C. Cir. 2009); Sierra Club v. EPA, 294 
F.3d 155 (D.C. Cir. 2002).
    \8\ Sierra Club v. EPA, 314 F.3d 735, 743-745 (5th Cir. 2002).
    \9\ Sierra Club v. EPA, 294 F.3d 155, 162-163 (D.C. Cir. 2002); 
NRDC v. EPA, 571 F.3d 1245, 1252 (D.C. Cir. 2009).

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[[Page 24539]]

3. Proposed Action on RACM Based on Attainment of the NAAQS
    In its July 15, 2015, SIP revision, the State determined that no 
additional control measures are necessary in the Area to satisfy the 
section 172(c)(1) RACM requirement. EPA is proposing to approve this 
determination on the basis that the Area has attained the 2008 lead 
NAAQS and, therefore, no emission reduction measures are necessary to 
satisfy Subpart 1 RACM. As noted above, EPA has determined that the 
Area has attaining data for the 2008 lead NAAQS and met the standard by 
the December 31, 2015, attainment date. See 77 FR 52232. Because the 
Area has attained the standard, there are no emissions controls that 
could advance the attainment date; thus, no emissions controls are 
necessary to satisfy Subpart 1 RACM.
4. Proposed Action on RACM Based on the State's Analysis
    Additionally, Tennessee's Subpart 1 RACM determination is 
approvable on the basis that the SIP revision demonstrates that no 
additional reasonably available controls would have advanced the 
attainment date. In Tennessee's RACM analysis, the State notes that the 
only source of lead emissions in the Area--the Exide Facility--
permanently shut down in 2014. In a letter to TDEC dated October 30, 
2014, Exide Technologies surrendered its major source air operating 
permit and stated that the lead oxide and lead acid-battery production 
process equipment, constituting the potential sources of air emissions 
covered by the air permit, had been decommissioned and largely removed 
from the site. The State also notes that, by July 16, 2008, the Exide 
Facility was operating fabric filters and wet scrubbers to comply with 
EPA's maximum achievable control technology (MACT) standards in 40 CFR 
part 63, subpart PPPPPP for lead-acid battery manufacturing facilities 
and that these MACT standards satisfied RACM requirements for 
controlling lead emissions. EPA has reviewed the RACM portion of 
Tennessee's July 15, 2015, SIP revision and agrees with the State's 
determination that it was not necessary to adopt or implement 
additional lead control measures in the Area.

B. Redesignation Request and Maintenance Demonstration

    The five redesignation criteria provided under CAA section 
107(d)(3)(E) are discussed in greater detail for the Area in the 
following paragraphs of this section.
Criteria (1)--The Bristol Area Has Attained the 2008 Lead NAAQS
    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS. See CAA section 107(d)(3)(E)(i). For lead, an area may be 
considered to be attaining the 2008 lead NAAQS if it meets the 2008 
lead NAAQS, as determined in accordance with 40 CFR 50.16 and Appendix 
R of part 50, based on three complete, consecutive calendar years of 
quality-assured air quality monitoring data. To attain the NAAQS, the 
maximum arithmetic 3-month mean concentration for a 3-year period lead 
concentrations measured at each monitor within an area over each year 
must not exceed 0.15 [micro]g/m\3\. Based on the data handling and 
reporting convention described in 40 CFR part 50, Appendix R, the NAAQS 
are attained if the design value is 0.15 [micro]g/m\3\ ppm or below. 
The data must be collected and quality-assured in accordance with 40 
CFR part 58 and recorded in the EPA Air Quality System (AQS). The 
monitors generally should have remained at the same location for the 
duration of the monitoring period required for demonstrating 
attainment.
    On August 29, 2012, EPA determined that the Bristol Area was 
attaining the 2008 lead NAAQS based on certified 2009-2011 data. See 77 
FR 52232. In this proposed action, EPA is preliminarily determining 
that the Bristol Area has continued to attain the 2008 lead NAAQS since 
2011. EPA has reviewed quality-assured lead monitoring data, recorded 
in AQS, for 2012-2014 from the state-run monitoring station in the 
Bristol Area as well as preliminary data from this station for 
2015.\10\ The 3-year design values for 2008-2014 from this monitoring 
station are summarized in Table 1, below.
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    \10\ Data from the state-run monitor can be used for comparison 
with the NAAQS because it is operated in accordance with 40 CFR part 
58. In addition to the State-run monitor, Exide Technologies 
operates three monitors in the Area. Although data from Exide's 
monitors cannot be used for comparison with the NAAQS because 
compliance with the quality assurance provisions in 40 CFR part 58 
has not been verified, Tennessee provided the measurements from 
these monitors as additional support information in the July 15, 
2015, SIP submission.

                                   Table 1--2008-2014 Design Value Concentrations for the Bristol Area ([micro]g/m\3\)
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                         Monitoring station                             2008-2010        2009-2011        2010-2012        2011-2013        2012-2014
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47-163-3004........................................................            0.05             0.08             0.08             0.08             0.07
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    The 3-year design value for 2012-2014 for the Bristol Area is 0.07 
[micro]g/m\3\ which meets the NAAQS. Although 2012-2014 data are the 
most recent quality-assured and certified data, preliminary 2015 data 
indicate that the Area continues to attain the standard. In today's 
proposed action, EPA is proposing to determine that the Bristol Area is 
continuing to attain the 2008 lead NAAQS. If the Area does not continue 
to attain the standard before EPA finalizes the redesignation, EPA will 
not go forward with the redesignation. As discussed in more detail 
below, Tennessee has committed to continue monitoring ambient air lead 
concentrations in this Area in accordance with 40 CFR part 58.
Criteria (2)--Tennessee has a Fully Approved SIP Under Section 110(k) 
for the Bristol Area; and Criteria (5)--Tennessee Has Met all 
Applicable Requirements Under Section 110 and Part D of Title I of the 
CA
    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the state has met all applicable 
requirements under section 110 and part D of title I of the CAA (CAA 
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP 
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA 
proposes to find that Tennessee has met all applicable SIP requirements 
for the Bristol Area under section 110 of the CAA (general SIP 
requirements) for purposes of redesignation. Additionally, EPA proposes 
to find that Tennessee has met all applicable SIP requirements for 
purposes of redesignation under part D of title I of the CAA in 
accordance with section 107(d)(3)(E)(v) and that the SIP is fully 
approved with respect to all requirements applicable for purposes of 
redesignation in accordance with section 107(d)(3)(E)(ii) contingent 
upon

[[Page 24540]]

approval of Tennessee's Subpart 1 RACM determination for the Area. In 
making these proposed determinations, EPA ascertained which 
requirements are applicable to the Area and, if applicable, that they 
are fully approved under section 110(k). SIPs must be fully approved 
only with respect to requirements that were applicable prior to 
submittal of the complete redesignation request.
a. The Bristol Area Has Met All Applicable Requirements Under Section 
110 and Part D of the CAA
    General SIP requirements. General SIP elements and requirements are 
delineated in section 110(a)(2) of title I, part A of the CAA. These 
requirements include, but are not limited to, the following: Submittal 
of a SIP that has been adopted by the state after reasonable public 
notice and hearing; provisions for establishment and operation of 
appropriate procedures needed to monitor ambient air quality; 
implementation of a source permit program; provisions for the 
implementation of part C requirements (Prevention of Significant 
Deterioration (PSD)) and provisions for the implementation of part D 
requirements (New Source Review (NSR) permit programs); provisions for 
air pollution modeling; and provisions for public and local agency 
participation in planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address the interstate 
transport of air pollutants. The section 110(a)(2)(D) requirements for 
a state are not linked with a particular nonattainment area's 
designation and classification in that state. EPA believes that the 
requirements linked with a particular nonattainment area's designation 
and classifications are the relevant measures to evaluate in reviewing 
a redesignation request. The transport SIP submittal requirements, 
where applicable, continue to apply to a state regardless of the 
designation of any one particular area in the state. Thus, EPA does not 
believe that the CAA's interstate transport requirements should be 
construed to be applicable requirements for purposes of redesignation.
    In addition, EPA believes that other section 110 elements that are 
neither connected with nonattainment plan submissions nor linked with 
an area's attainment status are not applicable requirements for 
purposes of redesignation. The area will still be subject to these 
requirements after the area is redesignated. The section 110 and part D 
requirements which are linked with a particular area's designation and 
classification are the relevant measures to evaluate in reviewing a 
redesignation request. This approach is consistent with EPA's existing 
policy on applicability (i.e., for redesignations) of conformity and 
oxygenated fuels requirements, as well as with section 184 ozone 
transport requirements. See Reading, Pennsylvania, proposed and final 
rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 
2008); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458, 
May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748, 
December 7, 1995). See also the discussion on this issue in the 
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in 
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19, 
2001). Nonetheless, EPA has approved Tennessee's SIP revision related 
to the section 110 requirements for the 2008 lead NAAQS. See 78 FR 
36440 (June 18, 2013); and 78 FR 67307 (November 12, 2013).
    Title I, Part D, applicable SIP requirements. Subpart 1 of part D, 
found in sections 172-176 of the CAA, sets forth the basic 
nonattainment requirements applicable to all nonattainment areas. All 
areas that were designated nonattainment for the 2008 lead NAAQS were 
designated under Subpart 1 of the CAA in accordance with the deadlines 
in subpart 5. For purposes of evaluating this redesignation request, 
the applicable part D, Subpart 1 SIP requirements for all nonattainment 
areas are contained in sections 172(c)(1)-(9) and in section 176. A 
thorough discussion of the requirements contained in sections 172 and 
176 can be found in the General Preamble for Implementation of title I. 
See 57 FR 13498 (April 16, 1992).
    Subpart 1 Section 172 Requirements. Section 172 requires states 
with nonattainment areas to submit attainment plans providing for 
timely attainment and meeting a variety of other requirements. However, 
EPA's final determination that the Area is attaining the lead standard 
suspended Tennessee's obligation to submit most of the attainment 
planning requirements that would otherwise apply.
    EPA's longstanding interpretation of the nonattainment planning 
requirements of section 172 is that once an area is attaining the 
NAAQS, those requirements are not ``applicable'' for purposes of CAA 
section 107(d)(3)(E)(ii) and therefore need not be approved into the 
SIP before EPA can redesignate the area. In the 1992 General Preamble 
for Implementation of Title I, EPA set forth its interpretation of 
applicable requirements for purposes of evaluating redesignation 
requests when an area is attaining a standard. See 57 FR 13498, 13564 
(April 16, 1992). EPA noted that the requirements for reasonable 
further progress (RFP) and other measures designed to provide for 
attainment do not apply in evaluating redesignation requests because 
those nonattainment planning requirements ``have no meaning'' for an 
area that has already attained the standard. Id. This interpretation 
was also set forth in the Calcagni Memorandum. EPA's understanding of 
section 172 also forms the basis of its Clean Data Policy, which 
suspends a state's obligation to submit most of the attainment planning 
requirements that would otherwise apply, including an attainment 
demonstration and planning SIPs to provide for RFP, RACM, and 
contingency measures under section 172(c)(9). However, as discussed 
above, EPA is proposing to approve Tennessee's RACM determination into 
the SIP in response to the Sixth Circuit's decision that section 
172(c)(1) RACM is an applicable requirement under 107(d)(3)(E)(ii) and 
must be approved into the SIP before EPA can redesignate an area that 
is subject to section 172(c)(1) requirements.
    Because attainment has been reached in the Area, no additional 
measures are needed to provide for attainment. Therefore, the section 
172(c)(2) requirement that nonattainment plans contain provisions 
promoting reasonable further progress toward attainment is not relevant 
for purposes of redesignation because EPA has determined that the Area 
has monitored attainment of the NAAQS. In addition, because the Area 
has attained the standard and is no longer subject to a RFP 
requirement, the requirement to submit the section 172(c)(9) 
contingency measures is not applicable for purposes of redesignation. 
Section 172(c)(6) requires the SIP to contain control measures 
necessary to provide for attainment of the NAAQS. Because attainment 
has been reached, no additional measures are needed to provide for 
attainment.
    Section 172(c)(3) requires submission for approval a comprehensive, 
accurate, and current inventory of actual emissions. On January 9, 
2014, EPA approved Tennessee's 2010 base-year emissions inventory for 
the Area. See 79 FR 1593.

[[Page 24541]]

    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources to be 
allowed in an area, and section 172(c)(5) requires source permits for 
the construction and operation of new and modified major stationary 
sources anywhere in the nonattainment area. Tennessee currently has a 
fully-approved part D NSR program in place. However, EPA has determined 
that, since PSD requirements will apply after redesignation, areas 
being redesignated need not comply with the requirement that a NSR 
program be approved prior to redesignation, provided that the area 
demonstrates maintenance of the NAAQS without part D NSR. A more 
detailed rationale for this view is described in a memorandum from Mary 
Nichols, Assistant Administrator for Air and Radiation, dated October 
14, 1994, entitled ``Part D New Source Review Requirements for Areas 
Requesting Redesignation to Attainment.'' Tennessee has demonstrated 
that the Area will be able to maintain the NAAQS without part D NSR in 
effect, and therefore Tennessee need not have fully approved part D NSR 
programs prior to approval of the redesignation request. Tennessee's 
PSD program will become effective in the Area upon redesignation to 
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, EPA believes that the 
Tennessee SIP meets the requirements of section 110(a)(2) applicable 
for purposes of redesignation.
    Section 172(c)(8) allows a state to use equivalent modeling, 
emission inventory, and planning procedures if such use is requested by 
the state and approved by EPA. Tennessee has not requested the use of 
equivalent techniques under section 172(c)(8).
    Section 176 Conformity Requirements. Section 176(c) of the CAA 
requires states to establish criteria and procedures to ensure that 
federally supported or funded projects conform to the air quality 
planning goals in the applicable SIP. The requirement to determine 
conformity applies to transportation plans, programs, and projects that 
are developed, funded, or approved under title 23 of the United States 
Code (U.S.C.) and the Federal Transit Act (transportation conformity) 
as well as to all other federally supported or funded projects (general 
conformity). State transportation conformity SIP revisions must be 
consistent with Federal conformity regulations relating to 
consultation, enforcement, and enforceability that EPA promulgated 
pursuant to its authority under the CAA. In light of the elimination of 
lead additives in gasoline, transportation conformity does not apply to 
the lead NAAQS. See 73 FR 66964.
b. The Bristol Area Has a Fully Approved Applicable SIP Under Section 
110(k) of the CAA
    EPA has fully approved the applicable Tennessee SIP for the Bristol 
Area under section 110(k) of the CAA for all requirements applicable 
for purposes of redesignation with the exception of the Subpart 1 RACM 
requirements. EPA may rely on prior SIP approvals in approving a 
redesignation request (see Calcagni Memorandum at p. 3; Southwestern 
Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-90 (6th Cir. 
1998); Wall, 265 F.3d 426) plus any additional measures it may approve 
in conjunction with a redesignation action. See 68 FR 25426 (May 12, 
2003) and citations therein. Following passage of the CAA of 1970, 
Tennessee has adopted and submitted, and EPA has fully approved at 
various times, provisions addressing various SIP elements applicable 
for the 2008 lead NAAQS in the Bristol Area (e.g., 78 FR 36440 (June 
18, 2013); and 78 FR 67307 (November 12, 2013)). In today's proposed 
action, EPA is proposing to approve the State's Subpart 1 RACM 
determination for the Area into the Tennessee SIP.
    As indicated above, EPA believes that the section 110 elements that 
are neither connected with nonattainment plan submissions nor linked to 
an area's nonattainment status are not applicable requirements for 
purposes of redesignation. If EPA finalizes approval of the State's 
Subpart 1 RACM determination, EPA will have approved all part D 
requirements applicable for purposes of this redesignation pursuant to 
the Sixth Circuit's decision.
Criteria (3)--The Air Quality Improvement in the Bristol Area Is Due to 
Permanent and Enforceable Reductions in Emissions Resulting From 
Implementation of the SIP and Applicable Federal Air Pollution Control 
Regulations and Other Permanent and Enforceable Reductions
    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the air quality improvement in the area 
is due to permanent and enforceable reductions in emissions resulting 
from implementation of the SIP, applicable Federal air pollution 
control regulations, and other permanent and enforceable reductions 
(CAA section 107(d)(3)(E)(iii)). EPA has preliminarily determined that 
Tennessee has demonstrated that the observed air quality improvement in 
the Bristol Area is due to permanent and enforceable reductions in 
emissions.
    When EPA designated the Bristol Area as a nonattainment for the 
lead NAAQS, EPA determined that operations at the Exide Facility were 
the primary cause of the 2008 lead NAAQS violation in the Area. The 
Facility installed fabric filters and wet scrubbing systems to meet 
federal MACT standards for lead-acid battery manufacturing facilities 
by July 16, 2008. In an October 30, 2014, letter to TDEC, Exide 
Technologies surrendered its air permits for the Facility and noted 
that the lead oxide and lead acid-battery production process equipment 
had been decommissioned and largely removed from the site. See Appendix 
F of the State's submittal. EPA considers the emissions reductions from 
the Exide Facility to be permanent and enforceable.
Criteria (4)--The Tennessee Portion of the Area Has a Fully Approved 
Maintenance Plan Pursuant to Section 175A of the CAA
    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has a fully approved 
maintenance plan pursuant to section 175A of the CAA. See CAA section 
107(d)(3)(E)(iv). In conjunction with its request to redesignate the 
Tennessee portion of the Bristol Area to attainment for the 2008 lead 
NAAQS, TDEC submitted a SIP revision to provide for maintenance of the 
2008 lead NAAQS for at least 10 years after the effective date of 
redesignation to attainment. EPA believes that this maintenance plan 
meets the requirements for approval under section 175A of the CAA.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the state must submit a revised maintenance plan 
demonstrating that attainment will continue to be maintained for the 10 
years following the initial 10-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain such

[[Page 24542]]

contingency measures as EPA deems necessary to assure prompt correction 
of any future 2008 lead violations. The Calcagni Memorandum provides 
further guidance on the content of a maintenance plan, explaining that 
a maintenance plan should address five requirements: The attainment 
emissions inventory, maintenance demonstration, monitoring, 
verification of continued attainment, and a contingency plan. As is 
discussed more fully below, EPA has preliminarily determined that 
Tennessee's maintenance plan includes all the necessary components and 
is thus proposing to approve it as a revision to the Tennessee SIP.
b. Attainment Emissions Inventory
    As noted earlier, EPA previously determined that the Bristol Area 
attained the 2008 lead NAAQS based on monitoring data for the 3-year 
period from 2009-2011. Today, EPA is proposing to determine that the 
Bristol Area continues to attain the 2008 lead NAAQS. In its 
maintenance plan, the State selected 2010 as the base year and 2012 as 
the attainment emission inventory year. The attainment inventory 
identifies a level of emissions in the Area that is sufficient to 
attain the 2008 lead NAAQS. Tennessee began development of the 
attainment inventory by first generating a baseline emissions inventory 
for the Bristol Area. As noted above, the year 2010 was chosen as the 
base year for developing a comprehensive emissions inventory for lead. 
To evaluate maintenance through 2025, Tennessee prepared emissions 
projections for the years 2015 and 2025.
    Descriptions of how Tennessee developed the emissions inventory are 
located in the Appendix D of the July 15, 2015, submittal, which can be 
found in the docket for this action. The Exide Facility is the only 
point source of lead emissions within the Area. The State calculated 
lead emissions from Exide Facility operations using data collected 
through stack tests and the application of emissions factors. Tennessee 
obtained the area source category inventory from EPA's 2011 NEI ver.2 
database. To estimate lead emissions from area sources in the Bristol 
Area, Tennessee apportioned the county-level lead emissions from area 
sources based on population and determined that lead emissions from 
area sources total approximately 0.0001 tpy in the Area. The State 
assumed that these area source emissions remain constant throughout the 
maintenance period (i.e., 2010 through 2025). Tennessee determined that 
there are no sources of lead emissions in the Area from non-road and 
on-road sources based on EPA's 2008 NEI ver.2 database. Table 2, below, 
identifies base year emissions, attainment year emissions and projected 
emissions for 2010, 2012, 2015, and 2025.
c. Maintenance Demonstration
    The maintenance plan associated with the redesignation request 
includes a maintenance demonstration that:
    (i) Shows compliance with and maintenance of the 2008 lead NAAQS by 
providing information to support the demonstration that current and 
future emissions of lead remain at or below 2012 emissions levels.
    (ii) Uses 2012 as the attainment year and includes future emissions 
inventory projections for 2015 and 2025.
    (iii) Identifies an ``out year'' at least 10 years after the time 
necessary for EPA to review and approve the maintenance plan.
    (iv) Provides actual (2010 and 2012) and projected emissions 
inventories, in tons per year (tpy), for the Bristol Area, as shown in 
Table 2, below.
---------------------------------------------------------------------------

    \11\ For 2015 and 2025, Tennessee included fugitive emissions of 
0.01 tpy and area source emissions of 0.01 tpy (a conservative 
approach given that the State calculated area source emissions of 
0.0001 tpy).

    Table 2--Actual and Projected Annual Lead Emissions (tpy) for the
                            Bristol Area\11\
------------------------------------------------------------------------
                    2012 Attainment    2015 Interim     2025 Maintenance
  2010 Base year         year              year               year
------------------------------------------------------------------------
          0.7               0.5              0.02               0.02
------------------------------------------------------------------------

    In situations where local emissions are the primary contributor to 
nonattainment, such as the Bristol Area, if the future projected 
emissions in the nonattainment area remain at or below the baseline 
emissions in the nonattainment area, then the related ambient air 
quality standards should not be exceeded in the future. Tennessee has 
projected emissions as described previously and determined that 
emissions in the Tennessee portion of the Bristol Area will remain 
below those in the attainment year inventory for the duration of the 
maintenance plan.
    While the maintenance plan projects maintenance of the 2008 lead 
NAAQS through 2025, EPA believes that the Bristol Area will continue to 
maintain the standard at least through the year 2026 because the only 
point source of lead emissions in the Area has permanently shut down; 
the design values for the Area beginning in 2008-2010 have been well 
below the NAAQS standard of 0.15 [micro]g/m\3\; and lead emissions from 
all source categories are projected to be approximately one order of 
magnitude below the NAAQS in 2025.
d. Monitoring Network
    There are currently four monitors measuring ambient air lead 
concentrations in the Bristol Area. However, as noted above, only the 
monitor operated by TDEC meets the requirements of 40 CFR part 58. 
Therefore, only data from this monitor can be used to evaluate 
compliance with the NAAQS. TDEC has committed to continue operation of 
its lead monitor in the Bristol Area in compliance with 40 CFR part 58 
and has thus addressed the requirement for monitoring. EPA approved 
Tennessee's monitoring plan on October 26, 2015.
e. Verification of Continued Attainment
    Tennessee has the legal authority to enforce and implement the 
maintenance plan for the Area. This includes the authority to adopt, 
implement, and enforce any subsequent emissions control contingency 
measures determined to be necessary to correct future lead attainment 
problems.
    Large stationary sources are required to submit an emissions 
inventory annually to TDEC. TDEC prepares a new periodic inventory for 
all lead sources every three years. This lead inventory will be 
prepared for future years as necessary to comply with the inventory 
reporting requirements established in the CFR. Emissions information 
will be compared to the 2010 base year and the 2025 projected 
maintenance year inventory to assess emission trends, as necessary, and 
to assure continued compliance with the lead standard. Additionally, 
under the Air Emissions Reporting Requirements (AERR), TDEC

[[Page 24543]]

is required to develop a comprehensive, annual, statewide emissions 
inventory every three years that is due twelve to eighteen months after 
the completion of the inventory year. The AERR inventory years match 
the base year and final year of the inventory for the maintenance plan, 
and are within one or two years of the interim inventory years of the 
maintenance plan. Therefore, TDEC commits to compare the AERR 
inventories as they are developed with the 2010 and 2025 inventories in 
the maintenance plan to evaluate compliance with the 2008 lead NAAQS in 
this Area.
f. Contingency Measures in the Maintenance Plan
    Section 175A of the CAA requires that a maintenance plan include 
such contingency measures as EPA deems necessary to assure that the 
state will promptly correct a violation of the NAAQS that occurs after 
redesignation. The maintenance plan should identify the contingency 
measures to be adopted, a schedule and procedure for adoption and 
implementation, and a time limit for action by the state. A state 
should also identify specific indicators to be used to determine when 
the contingency measures need to be implemented. The maintenance plan 
must include a requirement that a state will implement all measures 
with respect to control of the pollutant that were contained in the SIP 
before redesignation of the area to attainment in accordance with 
section 175A(d).
    In the July 15, 2015, submittal, Tennessee affirms that all 
programs instituted by the State and EPA will remain enforceable. The 
contingency plan included in the submittal includes a triggering 
mechanism to determine when contingency measures are needed and a 
process of developing and implementing appropriate control measures. A 
warning level response is triggered when a 3-month rolling average lead 
concentration of 0.135 [mu]g/m\3\ (i.e., 90 percent of the standard) 
occurs within the Area. A warning level response will consist of a 
study to determine whether the lead value indicates a trend toward 
higher lead values. The study will evaluate whether the trend, if any, 
is likely to continue and, if so, what control measures are necessary 
to reverse the trend taking into consideration ease and timing for 
implementation as well as economic and social considerations. 
Implementation of necessary controls in response to a warning level 
response trigger will take place as expeditiously as possible, but in 
no event later than 12 months from the conclusion of the most recent 
calendar year.
    An action level response is triggered whenever the 3-month rolling 
average concentration of 0.143 [mu]g/m\3\ (i.e., 95 percent of the 
standard) or greater occurs within the Area. A violation of the 
standard (any 3-month rolling average over a 36-month rolling average 
period (3-calendar years plus the preceding 2 months) exceeds 0.15 
[mu]g/m\3\) shall also prompt an action level response. In the event 
that the action level is triggered and is not found to be due to an 
exceptional event, malfunction, or noncompliance with a permit 
condition or rule requirement, TDEC in conjunction with the entity(ies) 
believed to be responsible for the exceedance will evaluate additional 
control measures needed to assure future attainment of the 2008 lead 
NAAQS. Measures that can be implemented in a short time will be 
selected in order to be in place within 18 months from the close of the 
calendar year that prompted the action level. TDEC will also consider 
the action level trigger and determine if additional, significant new 
regulations not currently included as part of the maintenance 
provisions will be implemented in a timely manner.
    At least one of the following contingency measures will be adopted 
and implemented upon a triggering event:
     Improvements in applicable permitted control devices;
     Addition of secondary control devices or improvements in 
housekeeping and maintenance; and
     Other measures based on the cause of the elevated lead 
concentrations.
    Any contingency measure implemented for an operating permitted 
source will require a compliance plan and expeditious compliance from 
the entity(ies) involved.
    Based on the shutdown of the Exide Facility and the surrender of 
its operating permit, TDEC believes that the 2008 lead NAAQS can be 
achieved on a consistent basis in the Area. Because the Exide Facility 
has shut down, any possible exceedances of the lead NAAQS during any 
three month period after December 31, 2015 (the attainment date), are 
likely to be a result of fugitive emissions. The contingency measures 
discussed below will immediately take effect to offset any increase in 
air quality concentrations that are expected to result from emission 
increases due to the likelihood of fugitive soil dust disturbance and/
or entrainment from the Exide Facility.
    In the event of an exceedance, Exide will be required to conduct a 
twelve minute EPA Method 9 visible emissions reading on each lead 
source outlet by a certified reader every day, as well as a dye check 
on every filtration system that was controlling a lead source. These 
control measures will help to determine and detect the source of 
fugitive emissions so that the exceedances can be addressed 
immediately. Other contingency measures include restricting traffic to 
and from the facility and the daily application of wet suppression 
using a sprinkler frequency of 5 minutes every 30 minutes during 
daylight hours and 5 minutes every 60 minutes during nighttime hours 
twenty-four hours a day everyday which will serve to reduce fugitive 
dust emissions. Each of the contingency measures will continue for at 
least 90 days and remain in place until such time as TDEC has 
determined that they are no longer needed. In addition to the 
identified contingency measures, if an exceedance of the NAAQS occurs 
during any three month period after December 31, 2015 (the attainment 
date), within 120 days, the facility will submit an investigative study 
identifying the source(s) contributing to the exceedance. Exide will 
also develop and prepare a strategy to eliminate the likelihood of 
another exceedance. The 120-day review period will consist of a 30-day 
evaluation period immediately following a violation and then up to 90-
day consultation period with the facility to determine the best course 
of action.
    EPA has preliminarily concluded that the maintenance plan 
adequately addresses the five basic components of a maintenance plan: 
The attainment emissions inventory, maintenance demonstration, 
monitoring, verification of continued attainment, and a contingency 
plan. Therefore, EPA proposes to determine that the maintenance plan 
for the Area meets the requirements of section 175A of the CAA and 
proposes to incorporate the maintenance plan into the Tennessee SIP.

VI. Proposed Actions

    EPA is taking four separate but related actions regarding the 
redesignation request and associated SIP revision for the Bristol Area.
    First, EPA is proposing to determine that the State's Subpart 1 
RACM determination for the Area meets the requirements of CAA section 
172(c)(1) and to incorporate this RACM determination into the SIP.
    Second, EPA is proposing to determine, based upon review of 
quality-assured and certified ambient monitoring data for the 2012-2014 
period and upon review of preliminary

[[Page 24544]]

data in AQS for 2015, that the Area continues to attain the 2008 lead 
NAAQS following EPA's determination of attainment.
    Third, EPA proposing to approve the maintenance plan for the Area 
and to incorporate it into the SIP. As described above, the maintenance 
plan demonstrates that the Area will continue to maintain the 2008 lead 
NAAQS through 2026.
    Fourth, EPA is proposing to approve Tennessee's request for 
redesignation of the Area from nonattainment to attainment for the 2008 
lead NAAQS contingent upon final action approving the State's Subpart 1 
RACM determination into the SIP. If finalized, approval of the 
redesignation request for the Bristol Area would change the official 
designation the portion of Sullivan County bounded by a 1.25 kilometer 
radius surrounding the UTM coordinates 4042923 meters E, 386267 meters 
N, Zone 17, which surrounds the Exide Facility, as found at 40 CFR part 
81, from nonattainment to attainment for the 2008 lead NAAQS.

VII. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, these proposed actions merely approve state law as meeting 
federal requirements and do not impose additional requirements beyond 
those imposed by State law. For that reason, these proposed actions:
     Are not significant regulatory actions subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do 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);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     will not have disproportionate human health or 
environmental effects under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Reporting and 
recordkeeping requirements.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: April 14, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-09600 Filed 4-25-16; 8:45 am]
 BILLING CODE 6560-50-P
24536 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Proposed Rules

List of Subjects in 40 CFR Part 52 action. Copies of the TSDs are available, provided in the direct final action, with
Environmental protection, Air upon request, from the EPA Regional the same title, that is located in the
pollution control, Carbon monoxide, Office listed in the ADDRESSES section of Rules and Regulations section of this
Incorporation by reference, this document or are also available issue of the Federal Register.
Intergovernmental relations, electronically within the Docket for this Dated: April 8, 2016.
Greenhouse gases, Lead, Nitrogen rulemaking action. If no adverse Shawn M. Garvin,
dioxide, Ozone, Particulate matter, comments are received in response to
Regional Administrator, Region III.
Reporting and recordkeeping this action, no further activity is
contemplated. If EPA receives adverse [FR Doc. 2016–09590 Filed 4–25–16; 8:45 am]
requirements, Sulfur oxides, Volatile
organic compounds. comments, the direct final rule will be BILLING CODE 6560–50–P

withdrawn and all public comments
Authority: 42 U.S.C. 7401 et seq. received will be addressed in a
Dated: April 13, 2016. subsequent final rule based on this ENVIRONMENTAL PROTECTION
Debra H. Thomas, proposed rule. EPA will not institute a AGENCY
Acting Regional Administrator, Region 8. second comment period. Any parties
40 CFR Parts 52 and 81
[FR Doc. 2016–09586 Filed 4–25–16; 8:45 am] interested in commenting on this action
BILLING CODE 6560–50–P
should do so at this time. [EPA–R04–OAR–2012–0323; FRL–9945–63–
DATES: Comments must be received in Region 4]
writing by May 26, 2016.
Air Plan Approval and Air Quality
ENVIRONMENTAL PROTECTION ADDRESSES: Submit your comments,
Designation; TN; Redesignation of the
AGENCY identified by Docket ID No. EPA–R03– Sullivan County Lead Nonattainment
OAR–2016–0002 at http:// Area to Attainment
40 CFR Part 52 www.regulations.gov, or via email to
[EPA–R03–OAR–2016–0002; FRL–9945–46– fernandez.cristina@epa.gov. For AGENCY: Environmental Protection
Region 3] comments submitted at Regulations.gov, Agency (EPA).
follow the online instructions for ACTION: Proposed rule.
Approval and Promulgation of Air submitting comments. Once submitted,
Quality Implementation Plans; comments cannot be edited or removed SUMMARY: On July 15, 2015, the State of
Pennsylvania; 2011 Base Year from Regulations.gov. For either manner Tennessee, through the Tennessee
Inventories for the 2008 8-Hour Ozone of submission, EPA may publish any Department of Environment and
National Ambient Air Quality Standard comment received to its public docket. Conservation (TDEC), submitted a
for the Allentown-Bethlehem-Easton, Do not submit electronically any request for the Environmental
Lancaster, Pittsburgh-Beaver Valley, information you consider to be Protection Agency (EPA) to redesignate
and Reading Areas, and the confidential business information (CBI) the Bristol, Tennessee 2008 lead
Pennsylvania Portion of the or other information whose disclosure is nonattainment area (hereafter referred to
Philadelphia-Wilmington-Atlantic City restricted by statute. Multimedia as the ‘‘Bristol Area’’ or the ‘‘Area’’) to
Area submissions (audio, video, etc.) must be attainment for the 2008 lead National
accompanied by a written comment. Ambient Air Quality Standards
AGENCY: Environmental Protection (NAAQS) and an associated State
The written comment is considered the
Agency (EPA). Implementation Plan (SIP) revision
official comment and should include
ACTION: Proposed rule. containing a maintenance plan and a
discussion of all points you wish to
SUMMARY: The Environmental Protection make. EPA will generally not consider reasonably available control measures
Agency (EPA) proposes to approve the comments or comment contents located (RACM) determination for the Area.
2011 base year inventories for the 2008 outside of the primary submission (i.e. EPA is proposing to determine that the
8-hour ozone national ambient air on the web, cloud, or other file sharing Bristol Area is continuing to attain the
quality standard (NAAQS) for the system). For additional submission 2008 lead NAAQS; to approve the SIP
Allentown-Bethlehem-Easton, methods, please contact the person revision containing the State’s
Lancaster, Pittsburgh-Beaver Valley, and identified in the FOR FURTHER maintenance plan for maintaining
Reading nonattainment areas, and the INFORMATION CONTACT section. For the attainment of the 2008 lead standard
Pennsylvania portion of the full EPA public comment policy, and the State’s RACM determination;
Philadelphia-Wilmington-Atlantic City information about CBI or multimedia and to redesignate the Bristol Area to
nonattainment area, submitted by the submissions, and general guidance on attainment for the 2008 lead NAAQS.
Commonwealth of Pennsylvania as a making effective comments, please visit DATES: Comments must be received on
revision to the Pennsylvania State http://www2.epa.gov/dockets/ or before May 26, 2016.
Implementation Plan (SIP). In the Rules commenting-epa-dockets. ADDRESSES: Submit your comments,
and Regulations section of this issue of FOR FURTHER INFORMATION CONTACT: identified by Docket ID No. EPA–R04–
the Federal Register, EPA is approving Maria A. Pino, (215) 814–2181, or by OAR–2012–0323 at http://
Pennsylvania’s SIP submittal as a direct email at pino.maria@epa.gov. www.regulations.gov. Follow the online
final rule without prior proposal SUPPLEMENTARY INFORMATION: For instructions for submitting comments.
because the Agency views this as a further information regarding Once submitted, comments cannot be
mstockstill on DSK4VPTVN1PROD with PROPOSAL

noncontroversial submittal and Pennsylvania’s 2011 base year edited or removed from Regulations.gov.
anticipates no adverse comments. The inventories for the 2008 8-hour ozone EPA may publish any comment received
rationale for the approval is set forth in NAAQS for the Allentown-Bethlehem- to its public docket. Do not submit
the direct final rule. More detailed Easton, Lancaster, Pittsburgh-Beaver electronically any information you
descriptions of the state submittal and Valley, and Reading areas, and the consider to be Confidential Business
EPA’s evaluation are included in Pennsylvania portion of the Information (CBI) or other information
Technical Support Documents (TSD) Philadelphia-Wilmington-Atlantic City whose disclosure is restricted by statute.
prepared in support of this rulemaking area, please see the information Multimedia submissions (audio, video,

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Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Proposed Rules 24537

etc.) must be accompanied by a written and provides for the implementation of Bristol Area from nonattainment to
comment. The written comment is contingency measures. On August 29, attainment for the 2008 lead NAAQS.
considered the official comment and 2012, EPA published a final In summary, today’s notice of
should include discussion of all points determination that the Area had proposed rulemaking is in response to
you wish to make. EPA will generally attained the 2008 lead NAAQS by the Tennessee’s July 15, 2015, redesignation
not consider comments or comment attainment date based on quality- request and associated SIP submission
contents located outside of the primary assured and certified ambient air that address the specific issues
submission (i.e. on the web, cloud, or monitoring data for the 2007–2009 time summarized above and the necessary
other file sharing system). For period. See 77 FR 52232. In that elements described in section
additional submission methods, the full determination and in accordance with 107(d)(3)(E) of the CAA for
EPA public comment policy, EPA’s clean data policy, EPA suspended redesignation of the Bristol Area to
information about CBI or multimedia the requirements for the Area to submit attainment for the 2008 lead NAAQS.2
submissions, and general guidance on a SIP revision addressing RACM, RFP
plans, contingency measures, and II. What is the background for EPA’s
making effective comments, please visit proposed actions?
http://www2.epa.gov/dockets/ certain other Subpart 1 requirements so
commenting-epa-dockets. long as the Area continues to attain the On November 12, 2008, EPA
FOR FURTHER INFORMATION CONTACT: 2008 lead NAAQS.1 Although these promulgated a revised primary and
Sean Lakeman of the Air Regulatory requirements are suspended, EPA is secondary lead NAAQS of 0.15
Management Section, Air Planning and proposing to determine that the State’s micrograms per cubic meter (mg/m3).
Implementation Branch, Air, Pesticides Subpart 1 RACM determination meets See 73 FR 66964. Under EPA’s
and Toxics Management Division, U.S. the requirements of section 172(c)(1) of regulations at 40 CFR part 50, the 2008
Environmental Protection Agency, the CAA and is proposing to approve lead NAAQS are met when the
Region 4, 61 Forsyth Street SW., this RACM determination into the SIP maximum arithmetic 3-month mean
Atlanta, Georgia 30303–8960. Mr. for the reasons discussed in Section concentration for a 3-year period, as
Lakeman may be reached by phone at V.A, below. determined in accordance with
EPA is also making the preliminarily appendix R of 40 CFR part 50, is less
(404) 562–9043 or via electronic mail at
determination that the Bristol Area is than or equal to 0.15 mg/m3. See 40 CFR
lakeman.sean@epa.gov.
continuing to attain the 2008 lead 50.16. Ambient air quality monitoring
SUPPLEMENTARY INFORMATION: NAAQS based on recent air quality data, data for the 3-year period must meet a
I. What are the actions EPA is and proposing to approve Tennessee’s data completeness requirement.
proposing to take? maintenance plan for the Bristol Area as EPA designated the Bristol Area as a
meeting the requirements of section nonattainment area for the 2008 lead
EPA is proposing to take the following 175A (such approval being one of the NAAQS on November 22, 2010
four separate but related actions: (1) To CAA criteria for redesignation to (effective December 31, 2010), using
approve Tennessee’s RACM attainment status). The maintenance 2007–2009 ambient air quality data. See
determination for the Bristol Area plan is designed to keep the Bristol Area 75 FR 71033. This established an
pursuant to Clean Air Act (CAA) section in attainment of the 2008 lead NAAQS attainment date five years after the
172(c)(1) into the SIP; (2) to determine through 2025. As explained in Section December 31, 2010, effective date for the
that the Area is continuing to attain the V.B, below, EPA is also proposing to 2008 lead nonattainment designations
2008 lead NAAQS; (3) to approve determine that attainment can be pursuant to CAA section 172(a)(2)(A).
Tennessee’s maintenance plan for maintained through 2026. Therefore, the Bristol Area’s attainment
maintaining the 2008 lead NAAQS in EPA is also proposing to determine date is December 31, 2015.
the Area into the SIP; and (4) to that the Bristol Area has met the As discussed above, EPA determined
redesignate the Area. The Bristol Area is requirements for redesignation under that Tennessee had attained the 2008
comprised of the portion of Sullivan section 107(d)(3)(E) of the CAA. lead NAAQS prior to the attainment
County, Tennessee, bounded by a 1.25 Accordingly, in this action, EPA is date and issued a Clean Data
kilometer radius surrounding the proposing to approve a request to Determination on August 29, 2012. See
Universal Transverse Mercator (UTM) change the legal designation of the 77 FR 52232. Although a Clean Data
coordinates 4042923 meters E., 386267 Determination waives the requirements
meters N., Zone 17, which surrounds 1 Following enactment of the CAA Amendments
for an attainment demonstration, a state
the lead acid-battery manufacturing and of 1990, EPA promulgated its interpretation of the
must submit, and EPA must approve, a
lead oxide production facility owned by requirements for implementing the NAAQS in the
general preamble for the Implementation of Title I redesignation request and a
Exide Technologies (Exide Facility). of the CAA Amendments of 1990 (General maintenance plan SIP revision before an
EPA’s 2008 lead nonattainment Preamble) 57 FR 13498, 13564 (April 16, 1992). In
area can be redesignated to attainment.
designation for the Area triggered an 1995, based on the interpretation of CAA sections
171 and 172, and section 182 in the General III. What are the criteria for
obligation for Tennessee to develop a Preamble, EPA set forth what has become known
nonattainment SIP revision addressing as its ‘‘Clean Data Policy’’ for the 1-hour ozone redesignation?
certain CAA requirements under title I, NAAQS. See Memorandum from John S. Seitz, The CAA provides the requirements
part D, subpart 1 (hereinafter ‘‘Subpart Director, Office of Air Quality Planning and
Standards, ‘‘RFP, Attainment Demonstration, and for redesignating a nonattainment area
1’’) and to submit that SIP revision in Related Requirements for Ozone Nonattainment to attainment. Specifically, section
accordance with the deadlines in title I, Areas Meeting the Ozone National Ambient Air 107(d)(3)(E) of the CAA allows for
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part D, subpart 5. Subpart 1 contains the Quality Standard’’ (May 10, 1995). Since 1995, EPA
redesignation providing that: (1) The
general requirements for nonattainment has applied its interpretation under the Clean Data
Policy in many rulemakings, suspending certain Administrator determines that the area
areas for criteria pollutants, including attainment-related planning requirements for has attained the applicable NAAQS; (2)
requirements to develop a SIP that individual areas, based on a determination of the Administrator has fully approved
provides for the implementation of attainment and that interpretation has been upheld
by federal courts. For more information on the
the applicable implementation plan for
RACM, requires reasonable further Clean Data Policy and its application to the 2008
progress (RFP), includes base-year and lead NAAQS, see EPA’s August 29, 2012, final 2 The date of the transmittal letter for Tennessee’s

attainment-year emissions inventories, action. See 77 FR 52232. submittal is July 10, 2015.

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the area under section 110(k); (3) the V. What is EPA’s analysis of the state’s RACM is not an applicable requirement
Administrator determines that the redesignation request and SIP revision? under section 107(d)(3)(E) for an area
improvement in air quality is due to As stated above, in accordance with that has already attained the 2008 lead
permanent and enforceable reductions the CAA, EPA proposes in this action to: NAAQS, EPA is proposing to approve
in emissions resulting from (1) Approve Tennessee’s Subpart 1 Tennessee’s RACM determination into
implementation of the applicable SIP RACM determination for the Bristol the SIP pursuant to the Court’s
and applicable Federal air pollutant Area into the Tennessee SIP; (2) decision.5 6
control regulations and other permanent determine that the Area is continuing to
and enforceable reductions; (4) the 2. Subpart 1 RACM Requirements
attain the 2008 lead NAAQS; (3)
Administrator has fully approved a approve the 2008 lead NAAQS Subpart 1 requires that each
maintenance plan for the area as maintenance plan for the Area into the
meeting the requirements of section attainment plan ‘‘provide for the
SIP; and (4) redesignate the Area to implementation of all reasonably
175A; and (5) the state containing such attainment for the 2008 lead NAAQS.
area has met all requirements applicable available control measures as
to the area for purposes of redesignation A. RACM Determination expeditiously as practicable (including
under section 110 and part D of the such reductions in emissions from the
1. Relationship Between Subpart 1 existing sources in the area as may be
CAA. RACM and the Redesignation Criteria
On April 16, 1992, EPA provided obtained through the adoption, at a
guidance on redesignation in the EPA does not believe that Subpart 1 minimum, of reasonably available
General Preamble for the nonattainment planning requirements, control technology), and shall provide
Implementation of title I of the CAA including RACM, are ‘‘applicable’’ for for attainment of the national primary
Amendments of 1990 (57 FR 13498), purposes of CAA section 107(d)(3)(E)(ii) ambient air quality standards.’’ See CAA
and supplemented this guidance on once an area is attaining the NAAQS section 172(c)(1). EPA has consistently
April 28, 1992 (57 FR 18070). EPA has and, therefore, does not believe that interpreted this provision to require
provided further guidance on processing these planning requirements must be only implementation of potential RACM
redesignation requests in the following approved into the SIP before EPA can measures that could advance
documents: redesignate an area to attainment. See attainment.7 Thus, where an area is
1. ‘‘Procedures for Processing 80 FR 16331 (March 27, 2015). already attaining the standard, no
Requests to Redesignate Areas to However, on March 18, 2015, the United
additional RACM measures are
Attainment,’’ Memorandum from John States Court of Appeals for the Sixth
required. EPA’s interpretation that
Calcagni, Director, Air Quality Circuit (Sixth Circuit) issued an opinion
Subpart 1 requires only the
Management Division, September 4, in Sierra Club v. EPA, 781 F.3d 299 (6th
Cir. 2015), that is inconsistent with this implementation of RACM measures that
1992 (hereafter referred to as the would advance attainment was upheld
‘‘Calcagni Memorandum’’); longstanding interpretation regarding
section 107(d)(3)(E)(ii). In its decision, by the United States Court of Appeals
2. ‘‘State Implementation Plan (SIP) for the Fifth Circuit 8 and by the United
Actions Submitted in Response to Clean the Court vacated EPA’s redesignation
of the Indiana and Ohio portions of the States Court of Appeals for the DC
Air Act (CAA) Deadlines,’’ Circuit.9
Memorandum from John Calcagni, Cincinnati-Hamilton nonattainment area
Director, Air Quality Management to attainment for the 1997 PM2.5 NAAQS
Division, October 28, 1992; and because EPA had not yet approved 5 Pursuant to 40 CFR 56.5(b), the EPA Region 4

Subpart 1 RACM for the Cincinnati Area Regional Administrator signed a memorandum on
3. ‘‘Part D New Source Review (Part July 20, 2015, seeking concurrence from the
D NSR) Requirements for Areas into the Indiana and Ohio SIPs.3 The
Director of EPA’s Air Quality Policy Division
Requesting Redesignation to Court concluded that ‘‘a State seeking (AQPD) in the Office of Air Quality Planning and
Attainment,’’ Memorandum from Mary redesignation ‘shall provide for the Standards to act inconsistent with EPA’s
D. Nichols, Assistant Administrator for implementation’ of RACM/RACT, even interpretation of CAA sections 107(d)(3)(E) and

Air and Radiation, October 14, 1994. if those measures are not strictly 172(c)(1) when taking action on pending and future
necessary to demonstrate attainment redesignation requests in Kentucky and Tennessee
IV. Why is EPA proposing these because the Region is bound by the Sixth Circuit’s
with the PM2.5 NAAQS. . . . If a State decision in Sierra Club v. EPA. The AQPD Director
actions? has not done so, EPA cannot ‘fully issued her concurrence on July 22, 2015. The July
On July 15, 2015, Tennessee approve[]’ the area’s SIP, and 20, 2015, memorandum with AQPD concurrence is
requested that EPA redesignate the redesignation to attainment status is located in the docket for today’s proposed actions.

Bristol Area to attainment for the 2008 improper.’’ Sierra Club, 781 F.3d at 313. 6 On September 3, 2015, the Sixth Circuit denied

EPA is bound by the Sixth Circuit’s the petitions for rehearing en banc of this portion
lead NAAQS and submitted an of its opinion that were filed by EPA, the state of
associated SIP revision containing a decision in Sierra Club v. EPA within
Ohio, and industry groups from Ohio. Sierra Club
maintenance plan and a Subpart 1 the Court’s jurisdiction.4 Although EPA v. EPA, Nos. 12–3169, 12–3182, 12–3420, Doc. 136–
RACM determination. EPA’s evaluation continues to believe that Subpart 1 1 (6th Cir. Sept. 3, 2015). On March 28, 2016, the
United States Supreme Court denied Ohio’s petition
indicates that the RACM determination 3 The Court issued an amended decision on July for a writ of certiorari seeking review of Sierra Club
meets the requirements of CAA section 14, 2015, revising some of the legal aspects of the v. EPA.
172(c)(1), the Bristol Area continues to Court’s analysis of the relevant statutory provisions 7 This interpretation was adopted in the General
attain the 2008 lead NAAQS, and the (section 107(d)(3)(E)(ii) and section 172(c)(1)) but Preamble, see 57 FR 13498 (April 16, 1992), and has
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Bristol Area meets the requirements for maintaining its prior holding that section 172(c)(1) been upheld as applied to the Clean Data Policy, as
‘‘unambiguously requires implementation of well as to nonattainment SIP submissions. See
redesignation as set forth in section RACM/RACT prior to redesignation . . . even if
107(d)(3)(E)(i), including the NRDC v. EPA, 571 F.3d 1245 (D.C. Cir. 2009); Sierra
those measures are not strictly necessary to
Club v. EPA, 294 F.3d 155 (D.C. Cir. 2002).
maintenance plan requirements under demonstrate attainment with the PM2.5 NAAQS.’’
8 Sierra Club v. EPA, 314 F.3d 735, 743–745 (5th
section 175A of the CAA. As a result, See Sierra Club v. EPA, 793 F.3d 656, 670 (6th Cir.
2015). Cir. 2002).
EPA is proposing to take the four related 4 The states of Kentucky, Michigan, Ohio, and 9 Sierra Club v. EPA, 294 F.3d 155, 162–163 (D.C.
actions summarized in section I of this Tennessee are located within the Sixth Circuit’s Cir. 2002); NRDC v. EPA, 571 F.3d 1245, 1252 (D.C.
notice. jurisdiction. Cir. 2009).

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approval of Tennessee’s Subpart 1 redesignation. The area will still be and therefore need not be approved into
RACM determination for the Area. In subject to these requirements after the the SIP before EPA can redesignate the
making these proposed determinations, area is redesignated. The section 110 area. In the 1992 General Preamble for
EPA ascertained which requirements are and part D requirements which are Implementation of Title I, EPA set forth
applicable to the Area and, if applicable, linked with a particular area’s its interpretation of applicable
that they are fully approved under designation and classification are the requirements for purposes of evaluating
section 110(k). SIPs must be fully relevant measures to evaluate in redesignation requests when an area is
approved only with respect to reviewing a redesignation request. This attaining a standard. See 57 FR 13498,
requirements that were applicable prior approach is consistent with EPA’s 13564 (April 16, 1992). EPA noted that
to submittal of the complete existing policy on applicability (i.e., for the requirements for reasonable further
redesignation request. redesignations) of conformity and progress (RFP) and other measures
oxygenated fuels requirements, as well designed to provide for attainment do
a. The Bristol Area Has Met All
as with section 184 ozone transport not apply in evaluating redesignation
Applicable Requirements Under Section
requirements. See Reading, requests because those nonattainment
110 and Part D of the CAA
Pennsylvania, proposed and final planning requirements ‘‘have no
General SIP requirements. General SIP rulemakings (61 FR 53174–53176, meaning’’ for an area that has already
elements and requirements are October 10, 1996), (62 FR 24826, May 7, attained the standard. Id. This
delineated in section 110(a)(2) of title I, 2008); Cleveland-Akron-Loraine, Ohio, interpretation was also set forth in the
part A of the CAA. These requirements final rulemaking (61 FR 20458, May 7, Calcagni Memorandum. EPA’s
include, but are not limited to, the 1996); and Tampa, Florida, final understanding of section 172 also forms
following: Submittal of a SIP that has rulemaking at (60 FR 62748, December the basis of its Clean Data Policy, which
been adopted by the state after 7, 1995). See also the discussion on this suspends a state’s obligation to submit
reasonable public notice and hearing; issue in the Cincinnati, Ohio, most of the attainment planning
provisions for establishment and redesignation (65 FR 37890, June 19, requirements that would otherwise
operation of appropriate procedures 2000), and in the Pittsburgh, apply, including an attainment
needed to monitor ambient air quality; Pennsylvania, redesignation (66 FR demonstration and planning SIPs to
implementation of a source permit 50399, October 19, 2001). Nonetheless, provide for RFP, RACM, and
program; provisions for the EPA has approved Tennessee’s SIP contingency measures under section
implementation of part C requirements revision related to the section 110 172(c)(9). However, as discussed above,
(Prevention of Significant Deterioration requirements for the 2008 lead NAAQS. EPA is proposing to approve
(PSD)) and provisions for the See 78 FR 36440 (June 18, 2013); and 78 Tennessee’s RACM determination into
implementation of part D requirements FR 67307 (November 12, 2013). the SIP in response to the Sixth Circuit’s
(New Source Review (NSR) permit Title I, Part D, applicable SIP decision that section 172(c)(1) RACM is
programs); provisions for air pollution requirements. Subpart 1 of part D, found an applicable requirement under
modeling; and provisions for public and in sections 172–176 of the CAA, sets
107(d)(3)(E)(ii) and must be approved
local agency participation in planning forth the basic nonattainment into the SIP before EPA can redesignate
and emission control rule development. requirements applicable to all
Section 110(a)(2)(D) requires that SIPs nonattainment areas. All areas that were an area that is subject to section
contain certain measures to prevent 172(c)(1) requirements.
designated nonattainment for the 2008
sources in a state from significantly lead NAAQS were designated under Because attainment has been reached
contributing to air quality problems in Subpart 1 of the CAA in accordance in the Area, no additional measures are
another state. To implement this with the deadlines in subpart 5. For needed to provide for attainment.
provision, EPA has required certain purposes of evaluating this Therefore, the section 172(c)(2)
states to establish programs to address redesignation request, the applicable requirement that nonattainment plans
the interstate transport of air pollutants. part D, Subpart 1 SIP requirements for contain provisions promoting
The section 110(a)(2)(D) requirements all nonattainment areas are contained in reasonable further progress toward
for a state are not linked with a sections 172(c)(1)–(9) and in section attainment is not relevant for purposes
particular nonattainment area’s 176. A thorough discussion of the of redesignation because EPA has
designation and classification in that requirements contained in sections 172 determined that the Area has monitored
state. EPA believes that the and 176 can be found in the General attainment of the NAAQS. In addition,
requirements linked with a particular Preamble for Implementation of title I. because the Area has attained the
nonattainment area’s designation and See 57 FR 13498 (April 16, 1992). standard and is no longer subject to a
classifications are the relevant measures Subpart 1 Section 172 Requirements. RFP requirement, the requirement to
to evaluate in reviewing a redesignation Section 172 requires states with submit the section 172(c)(9) contingency
request. The transport SIP submittal nonattainment areas to submit measures is not applicable for purposes
requirements, where applicable, attainment plans providing for timely of redesignation. Section 172(c)(6)
continue to apply to a state regardless of attainment and meeting a variety of requires the SIP to contain control
the designation of any one particular other requirements. However, EPA’s measures necessary to provide for
area in the state. Thus, EPA does not final determination that the Area is attainment of the NAAQS. Because
believe that the CAA’s interstate attaining the lead standard suspended attainment has been reached, no
transport requirements should be Tennessee’s obligation to submit most of additional measures are needed to
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construed to be applicable requirements the attainment planning requirements provide for attainment.
for purposes of redesignation. that would otherwise apply. Section 172(c)(3) requires submission
In addition, EPA believes that other EPA’s longstanding interpretation of for approval a comprehensive, accurate,
section 110 elements that are neither the nonattainment planning and current inventory of actual
connected with nonattainment plan requirements of section 172 is that once emissions. On January 9, 2014, EPA
submissions nor linked with an area’s an area is attaining the NAAQS, those approved Tennessee’s 2010 base-year
attainment status are not applicable requirements are not ‘‘applicable’’ for emissions inventory for the Area. See 79
requirements for purposes of purposes of CAA section 107(d)(3)(E)(ii) FR 1593.

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Section 172(c)(4) requires the EPA promulgated pursuant to its 107(d)(3)(E)(iii)). EPA has preliminarily
identification and quantification of authority under the CAA. In light of the determined that Tennessee has
allowable emissions for major new and elimination of lead additives in demonstrated that the observed air
modified stationary sources to be gasoline, transportation conformity does quality improvement in the Bristol Area
allowed in an area, and section 172(c)(5) not apply to the lead NAAQS. See 73 FR is due to permanent and enforceable
requires source permits for the 66964. reductions in emissions.
construction and operation of new and When EPA designated the Bristol
b. The Bristol Area Has a Fully Area as a nonattainment for the lead
modified major stationary sources
Approved Applicable SIP Under Section NAAQS, EPA determined that
anywhere in the nonattainment area.
110(k) of the CAA operations at the Exide Facility were the
Tennessee currently has a fully-
approved part D NSR program in place. EPA has fully approved the applicable primary cause of the 2008 lead NAAQS
However, EPA has determined that, Tennessee SIP for the Bristol Area under violation in the Area. The Facility
since PSD requirements will apply after section 110(k) of the CAA for all installed fabric filters and wet scrubbing
redesignation, areas being redesignated requirements applicable for purposes of systems to meet federal MACT
need not comply with the requirement redesignation with the exception of the standards for lead-acid battery
that a NSR program be approved prior Subpart 1 RACM requirements. EPA manufacturing facilities by July 16,
to redesignation, provided that the area may rely on prior SIP approvals in 2008. In an October 30, 2014, letter to
demonstrates maintenance of the approving a redesignation request (see TDEC, Exide Technologies surrendered
NAAQS without part D NSR. A more Calcagni Memorandum at p. 3; its air permits for the Facility and noted
detailed rationale for this view is Southwestern Pennsylvania Growth that the lead oxide and lead acid-battery
described in a memorandum from Mary Alliance v. Browner, 144 F.3d 984, 989– production process equipment had been
Nichols, Assistant Administrator for Air 90 (6th Cir. 1998); Wall, 265 F.3d 426) decommissioned and largely removed
and Radiation, dated October 14, 1994, plus any additional measures it may from the site. See Appendix F of the
entitled ‘‘Part D New Source Review approve in conjunction with a State’s submittal. EPA considers the
Requirements for Areas Requesting redesignation action. See 68 FR 25426 emissions reductions from the Exide
Redesignation to Attainment.’’ (May 12, 2003) and citations therein. Facility to be permanent and
Tennessee has demonstrated that the Following passage of the CAA of 1970, enforceable.
Area will be able to maintain the Tennessee has adopted and submitted,
and EPA has fully approved at various Criteria (4)—The Tennessee Portion of
NAAQS without part D NSR in effect, the Area Has a Fully Approved
and therefore Tennessee need not have times, provisions addressing various SIP
elements applicable for the 2008 lead Maintenance Plan Pursuant to Section
fully approved part D NSR programs 175A of the CAA
prior to approval of the redesignation NAAQS in the Bristol Area (e.g., 78 FR
request. Tennessee’s PSD program will 36440 (June 18, 2013); and 78 FR 67307 For redesignating a nonattainment
become effective in the Area upon (November 12, 2013)). In today’s area to attainment, the CAA requires
redesignation to attainment. proposed action, EPA is proposing to EPA to determine that the area has a
Section 172(c)(7) requires the SIP to approve the State’s Subpart 1 RACM fully approved maintenance plan
meet the applicable provisions of determination for the Area into the pursuant to section 175A of the CAA.
section 110(a)(2). As noted above, EPA Tennessee SIP. See CAA section 107(d)(3)(E)(iv). In
believes that the Tennessee SIP meets As indicated above, EPA believes that conjunction with its request to
the requirements of section 110(a)(2) the section 110 elements that are neither redesignate the Tennessee portion of the
applicable for purposes of connected with nonattainment plan Bristol Area to attainment for the 2008
redesignation. submissions nor linked to an area’s lead NAAQS, TDEC submitted a SIP
Section 172(c)(8) allows a state to use nonattainment status are not applicable revision to provide for maintenance of
equivalent modeling, emission requirements for purposes of the 2008 lead NAAQS for at least 10
inventory, and planning procedures if redesignation. If EPA finalizes approval years after the effective date of
such use is requested by the state and of the State’s Subpart 1 RACM redesignation to attainment. EPA
approved by EPA. Tennessee has not determination, EPA will have approved believes that this maintenance plan
requested the use of equivalent all part D requirements applicable for meets the requirements for approval
techniques under section 172(c)(8). purposes of this redesignation pursuant under section 175A of the CAA.
Section 176 Conformity to the Sixth Circuit’s decision.
Requirements. Section 176(c) of the a. What is required in a maintenance
CAA requires states to establish criteria Criteria (3)—The Air Quality plan?
and procedures to ensure that federally Improvement in the Bristol Area Is Due Section 175A of the CAA sets forth
supported or funded projects conform to to Permanent and Enforceable the elements of a maintenance plan for
the air quality planning goals in the Reductions in Emissions Resulting From areas seeking redesignation from
applicable SIP. The requirement to Implementation of the SIP and nonattainment to attainment. Under
determine conformity applies to Applicable Federal Air Pollution section 175A, the plan must
transportation plans, programs, and Control Regulations and Other demonstrate continued attainment of
projects that are developed, funded, or Permanent and Enforceable Reductions the applicable NAAQS for at least 10
approved under title 23 of the United For redesignating a nonattainment years after the Administrator approves a
States Code (U.S.C.) and the Federal area to attainment, the CAA requires redesignation to attainment. Eight years
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Transit Act (transportation conformity) EPA to determine that the air quality after the redesignation, the state must
as well as to all other federally improvement in the area is due to submit a revised maintenance plan
supported or funded projects (general permanent and enforceable reductions demonstrating that attainment will
conformity). State transportation in emissions resulting from continue to be maintained for the 10
conformity SIP revisions must be implementation of the SIP, applicable years following the initial 10-year
consistent with Federal conformity Federal air pollution control period. To address the possibility of
regulations relating to consultation, regulations, and other permanent and future NAAQS violations, the
enforcement, and enforceability that enforceable reductions (CAA section maintenance plan must contain such

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contingency measures as EPA deems development of the attainment throughout the maintenance period (i.e.,
necessary to assure prompt correction of inventory by first generating a baseline 2010 through 2025). Tennessee
any future 2008 lead violations. The emissions inventory for the Bristol Area. determined that there are no sources of
Calcagni Memorandum provides further As noted above, the year 2010 was lead emissions in the Area from non-
guidance on the content of a chosen as the base year for developing road and on-road sources based on
maintenance plan, explaining that a a comprehensive emissions inventory EPA’s 2008 NEI ver.2 database. Table 2,
maintenance plan should address five for lead. To evaluate maintenance below, identifies base year emissions,
requirements: The attainment emissions through 2025, Tennessee prepared attainment year emissions and projected
inventory, maintenance demonstration, emissions projections for the years 2015 emissions for 2010, 2012, 2015, and
monitoring, verification of continued and 2025. 2025.
attainment, and a contingency plan. As
Descriptions of how Tennessee c. Maintenance Demonstration
is discussed more fully below, EPA has
developed the emissions inventory are
preliminarily determined that The maintenance plan associated with
Tennessee’s maintenance plan includes located in the Appendix D of the July
15, 2015, submittal, which can be found the redesignation request includes a
all the necessary components and is maintenance demonstration that:
thus proposing to approve it as a in the docket for this action. The Exide
Facility is the only point source of lead (i) Shows compliance with and
revision to the Tennessee SIP. maintenance of the 2008 lead NAAQS
emissions within the Area. The State
b. Attainment Emissions Inventory calculated lead emissions from Exide by providing information to support the
Facility operations using data collected demonstration that current and future
As noted earlier, EPA previously
through stack tests and the application emissions of lead remain at or below
determined that the Bristol Area
attained the 2008 lead NAAQS based on of emissions factors. Tennessee obtained 2012 emissions levels.
monitoring data for the 3-year period the area source category inventory from (ii) Uses 2012 as the attainment year
from 2009–2011. Today, EPA is EPA’s 2011 NEI ver.2 database. To and includes future emissions inventory
proposing to determine that the Bristol estimate lead emissions from area projections for 2015 and 2025.
Area continues to attain the 2008 lead sources in the Bristol Area, Tennessee (iii) Identifies an ‘‘out year’’ at least 10
NAAQS. In its maintenance plan, the apportioned the county-level lead years after the time necessary for EPA to
State selected 2010 as the base year and emissions from area sources based on review and approve the maintenance
2012 as the attainment emission population and determined that lead plan.
inventory year. The attainment emissions from area sources total (iv) Provides actual (2010 and 2012)
inventory identifies a level of emissions approximately 0.0001 tpy in the Area. and projected emissions inventories, in
in the Area that is sufficient to attain the The State assumed that these area tons per year (tpy), for the Bristol Area,
2008 lead NAAQS. Tennessee began source emissions remain constant as shown in Table 2, below.

TABLE 2—ACTUAL AND PROJECTED ANNUAL LEAD EMISSIONS (tpy) FOR THE BRISTOL AREA11
2010 Base year 2012 Attainment year 2015 Interim year 2025 Maintenance year

0.7 0.5 0.02 0.02

In situations where local emissions standard of 0.15 mg/m3; and lead e. Verification of Continued Attainment
are the primary contributor to emissions from all source categories are Tennessee has the legal authority to
nonattainment, such as the Bristol Area, projected to be approximately one order enforce and implement the maintenance
if the future projected emissions in the of magnitude below the NAAQS in plan for the Area. This includes the
nonattainment area remain at or below 2025. authority to adopt, implement, and
the baseline emissions in the enforce any subsequent emissions
nonattainment area, then the related d. Monitoring Network
control contingency measures
ambient air quality standards should not determined to be necessary to correct
There are currently four monitors
be exceeded in the future. Tennessee future lead attainment problems.
measuring ambient air lead
has projected emissions as described Large stationary sources are required
concentrations in the Bristol Area.
previously and determined that to submit an emissions inventory
emissions in the Tennessee portion of However, as noted above, only the
monitor operated by TDEC meets the annually to TDEC. TDEC prepares a new
the Bristol Area will remain below those periodic inventory for all lead sources
in the attainment year inventory for the requirements of 40 CFR part 58.
every three years. This lead inventory
duration of the maintenance plan. Therefore, only data from this monitor
will be prepared for future years as
While the maintenance plan projects can be used to evaluate compliance with necessary to comply with the inventory
maintenance of the 2008 lead NAAQS the NAAQS. TDEC has committed to reporting requirements established in
through 2025, EPA believes that the continue operation of its lead monitor in the CFR. Emissions information will be
Bristol Area will continue to maintain the Bristol Area in compliance with 40 compared to the 2010 base year and the
the standard at least through the year CFR part 58 and has thus addressed the 2025 projected maintenance year
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2026 because the only point source of requirement for monitoring. EPA inventory to assess emission trends, as
lead emissions in the Area has approved Tennessee’s monitoring plan necessary, and to assure continued
permanently shut down; the design on October 26, 2015. compliance with the lead standard.
values for the Area beginning in 2008– Additionally, under the Air Emissions
2010 have been well below the NAAQS Reporting Requirements (AERR), TDEC
11 For 2015 and 2025, Tennessee included emissions of 0.01 tpy (a conservative approach given that the State calculated area source
fugitive emissions of 0.01 tpy and area source emissions of 0.0001 tpy).

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24544 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Proposed Rules

data in AQS for 2015, that the Area • are certified as not having a LEGAL SERVICES CORPORATION
continues to attain the 2008 lead significant economic impact on a
NAAQS following EPA’s determination substantial number of small entities 45 CFR Part 1627
of attainment. under the Regulatory Flexibility Act (5
Third, EPA proposing to approve the Subgrants and Membership Fees or
U.S.C. 601 et seq.);
maintenance plan for the Area and to Dues
incorporate it into the SIP. As described • do not contain any unfunded
mandate or significantly or uniquely AGENCY: Legal Services Corporation.
above, the maintenance plan
affect small governments, as described ACTION:Further notice of proposed
demonstrates that the Area will
in the Unfunded Mandates Reform Act rulemaking.
continue to maintain the 2008 lead
NAAQS through 2026. of 1995 (Pub. L. 104–4); SUMMARY: The Legal Services
Fourth, EPA is proposing to approve • do not have Federalism Corporation (LSC or Corporation)
Tennessee’s request for redesignation of implications as specified in Executive proposes to revise its regulations
the Area from nonattainment to Order 13132 (64 FR 43255, August 10, governing subgrants to third parties.
attainment for the 2008 lead NAAQS 1999); LSC published a Notice of Proposed
contingent upon final action approving Rulemaking (NPRM) on April 20, 2015,
the State’s Subpart 1 RACM • are not economically significant
regulatory actions based on health or 80 FR 21692. In response to the NPRM,
determination into the SIP. If finalized, LSC received comments from five
approval of the redesignation request for safety risks subject to Executive Order
organizations. The commenters
the Bristol Area would change the 13045 (62 FR 19885, April 23, 1997);
requested that LSC reconsider some of
official designation the portion of • are not significant regulatory the proposed changes to the regulations.
Sullivan County bounded by a 1.25 actions subject to Executive Order LSC has considered the comments and
kilometer radius surrounding the UTM 13211 (66 FR 28355, May 22, 2001); now proposes additional revisions to
coordinates 4042923 meters E, 386267
meters N, Zone 17, which surrounds the • are not subject to requirements of the rules. In this Further Notice of
Section 12(d) of the National Proposed Rulemaking (FNPRM), LSC
Exide Facility, as found at 40 CFR part seeks comments on five proposed
81, from nonattainment to attainment Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because revisions to the NPRM.
for the 2008 lead NAAQS.
application of those requirements would DATES: Comments must be submitted by
VII. Statutory and Executive Order be inconsistent with the CAA; and June 10, 2016.
Reviews ADDRESSES: You may submit comments
• will not have disproportionate
Under the CAA, redesignation of an by any of the following methods:
human health or environmental effects
area to attainment and the Email: SubgrantRulemaking@lsc.gov.
under Executive Order 12898 (59 FR Include ‘‘Part 1627 FNPRM’’ in the
accompanying approval of a
7629, February 16, 1994). subject line of the message.
maintenance plan under section
107(d)(3)(E) are actions that affect the In addition, the SIP is not approved Fax: (202) 337–6519, ATTN: Part 1627
status of a geographical area and do not to apply on any Indian reservation land FNPRM.
impose any additional regulatory or in any other area where EPA or an Mail: Stefanie K. Davis, Assistant
requirements on sources beyond those Indian tribe has demonstrated that a General Counsel, Legal Services
imposed by state law. A redesignation to tribe has jurisdiction. In those areas of Corporation, 3333 K Street NW.,
attainment does not in and of itself Indian country, the rule does not have Washington, DC 20007, ATTN: Part
create any new requirements, but rather tribal implications as specified by 1627 FNPRM.
results in the applicability of Executive Order 13175 (65 FR 67249, Hand Delivery/Courier: Stefanie K.
requirements contained in the CAA for November 9, 2000), nor will it impose Davis, Assistant General Counsel, Legal
areas that have been redesignated to Services Corporation, 3333 K Street
substantial direct costs on tribal
attainment. Moreover, the Administrator NW., Washington, DC 20007, ATTN:
governments or preempt tribal law.
is required to approve a SIP submission Part 1627 FNPRM.
that complies with the provisions of the List of Subjects Instructions: Electronic submissions
Act and applicable Federal regulations. are preferred via email with attachments
40 CFR Part 52 in Acrobat PDF format. LSC will not
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, Environmental protection, Air consider written comments received
EPA’s role is to approve state choices, after the end of the comment period.
pollution control, Incorporation by
provided that they meet the criteria of reference, Intergovernmental relations, FOR FURTHER INFORMATION CONTACT:
the CAA. Accordingly, these proposed Lead, Reporting and recordkeeping Stefanie K. Davis, Assistant General
actions merely approve state law as requirements. Counsel, Legal Services Corporation,
meeting federal requirements and do not 3333 K Street NW., Washington, DC
impose additional requirements beyond 40 CFR Part 81 20007, (202) 295–1563 (phone), (202)
those imposed by State law. For that 337–6519 (fax), sdavis@lsc.gov.
reason, these proposed actions: Environmental protection, Air SUPPLEMENTARY INFORMATION:
• Are not significant regulatory pollution control.
actions subject to review by the Office I. Introduction
Authority: 42 U.S.C. 7401 et seq.
mstockstill on DSK4VPTVN1PROD with PROPOSAL

of Management and Budget under LSC provided a more complete
Dated: April 14, 2016.
Executive Orders 12866 (58 FR 51735, history of this rulemaking in the April
October 4, 1993) and 13563 (76 FR 3821, Heather McTeer Toney, 20, 2015 NPRM. 80 FR 21692, Apr. 20,
January 21, 2011); Regional Administrator, Region 4. 2015. In brief, LSC initiated this
• do not impose an information [FR Doc. 2016–09600 Filed 4–25–16; 8:45 am] rulemaking to address an issue
collection burden under the provisions BILLING CODE 6560–50–P identified by LSC’s Office of Inspector
of the Paperwork Reduction Act (44 General (OIG) through an audit of the
U.S.C. 3501 et seq.); Corporation’s Technology Initiative

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Document Created: 2016-04-26 01:36:16
Document Modified: 2016-04-26 01:36:16
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received on or before May 26, 2016.
Contact		Sean Lakeman of the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Lakeman may be reached by phone at (404) 562-9043 or via electronic mail at [email protected]
FR Citation		81 FR 24536
CFR Citation		40 CFR 52 40 CFR 81
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead and Reporting and Recordkeeping Requirements