82 FR 29426 - Approval and Promulgation of Air Quality Implementation Plans; Texas; Redesignation of the Collin County Area to Attainment the 2008 Lead Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 124 (June 29, 2017)

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is taking direct final action to determine the Collin County Lead (Pb) National Ambient Air Quality Standard (NAAQS) Nonattainment Area (NAA) has attained the 2008 Pb NAAQS and to approve a redesignation request for the area. In directly approving the redesignation request, EPA is also taking direct final action to approve as revisions to the Texas State Implementation Plan (SIP) a maintenance plan for the 2008 Pb NAAQS in the NAA submitted November 2, 2016, an attainment demonstration for the 2008 Pb NAAQS submitted October 10, 2012, and a second 10-year maintenance plan for the 1978 Pb NAAQS submitted September 15, 2009.

[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29426-29432]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13479]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2009-0750; 9963-47-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Redesignation of the Collin County Area to Attainment the 2008 
Lead Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is taking direct final action to 
determine the Collin County Lead (Pb) National Ambient Air Quality 
Standard (NAAQS) Nonattainment Area (NAA) has attained the 2008 Pb 
NAAQS and to approve a redesignation request for the area. In directly 
approving the redesignation request, EPA is also taking direct final 
action to approve as revisions to the Texas State Implementation Plan 
(SIP) a maintenance plan for the 2008 Pb NAAQS in the NAA submitted 
November 2, 2016, an attainment demonstration for the 2008 Pb NAAQS 
submitted October 10, 2012, and a second 10-year maintenance plan for 
the 1978 Pb NAAQS submitted September 15, 2009.

DATES: This rule is effective on September 27, 2017 without further 
notice, unless the EPA receives relevant adverse comment by July 31, 
2017. If the EPA receives such comment, the EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2009-0750, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary

[[Page 29427]]

submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Mr. Robert M. Todd, (214) 
665-2156, [email protected]. For 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.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Robert M. Todd, (214) 665-2156, 
[email protected]. To inspect the hard copy materials, please contact 
Mr. Todd or Mr. Bill Deese (214) 665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What actions is EPA taking?
II. What is the background for these actions?
III. What are the criteria for evaluation of the State's 
redesignation request and SIP revision requests?
IV. What is EPA's analysis of the State's three requests?
V. What are the effects of EPA's actions?
VI. Final Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is taking several actions related to the redesignation of the 
Collin County, Texas area to attainment for the 2008 lead NAAQS. EPA is 
taking direct final action to:
    (1) Determine the Collin County Pb NAA (comprising the part of 
Collin County bounded to the north by latitude 33.153 North, to the 
east by longitude 96.822 West, to the south by latitude 33.131 North, 
and to the West by longitude 96.837 West, which surrounds the Exide 
Technologies property), has attained the 2008 Pb NAAQS;
    (2) Find that the requirements are met for redesignation of the 
Collin County NAA to attainment of the 2008 lead NAAQS under section 
107(d)(3)(E) of the CAA and redesignate the NAA to attainment for the 
2008 lead NAAQS;
    (3) Approve Texas' first 10-year Maintenance Plan for continued 
maintenance of the 2008 Pb NAAQS in the area as a revision to the Texas 
SIP;
    (4) Approve Texas' October 10, 2012 attainment demonstration plan, 
to comply with the 2008 Pb NAAQS; and,
    (5) Approve Texas' September 15, 2009 second 10-year Maintenance 
Plan for continued maintenance of the 1978 lead NAAQS.
    Our analysis for these actions are discussed in detail in the 
technical support document (TSD) for this action and in summary in 
Section IV of this action.

II. What is the background for these actions?

    Section 110 of the CAA requires states to develop and submit to the 
EPA a SIP to ensure that state air quality meets NAAQSs. These ambient 
standards currently address six criteria pollutants: Carbon monoxide, 
nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. 
Each federally-approved SIP protects air quality primarily by 
addressing air pollution at its point of origin through air pollution 
regulations and control strategies. The EPA approved SIP regulations 
and control strategies are federally enforceable.
    Lead is a metal found naturally in the environment as well as in 
manufactured products. The major sources of lead emissions have 
historically been from fuels used in on-road motor vehicles (such as 
cars and trucks) and industrial sources. As a result of EPA's 
regulatory efforts to remove lead from on-road motor vehicle gasoline, 
emissions of lead from the transportation sector dramatically declined 
by 95 percent between 1980 and 1999, and levels of lead in the air 
decreased by 94 percent between 1980 and 1999. Today, the highest 
levels of lead in the air are usually found near lead smelters. The 
major sources of lead emissions to the air today are ore and metals 
processing facilities and piston-engine aircraft operating on leaded 
aviation gasoline.
    On November 12, 2008 (73 FR 66964), EPA established the 2008 
primary and secondary lead NAAQS at 0.15 micrograms per cubic meter 
([mu]g/m\3\) based on a maximum arithmetic 3- month mean concentration 
for a 3-year period. See 40 CFR 50.16. On November 22, 2010 (75 FR 
71033), EPA published its initial air quality designations and 
classifications for the 2008 lead NAAQS based upon air quality 
monitoring data for calendar years 2007-2009. These designations became 
effective on December 31, 2010. See 40 CFR 81.344.
    In 2012, Exide ceased operations as a lead smelter and the entire 
production area of the facility was dismantled. There are no longer 
smelting operations at the site and no longer any point source 
emissions. Exide is in the process of doing site remediation under its 
RCRA permit. The smelting operation's lead emissions were the cause of 
the area's nonattainment of the lead NAAQS. Any future point source of 
Pb emissions in the area would be required to obtain a new source 
review permit. In order to obtain a new source review permit, a new 
facility would be required to install best available control technology 
to limit Pb emissions and demonstrate a violation of the Pb NAAQS would 
not result from construction or operation.
    On November 2, 2016, the Texas Commission on Environmental Quality 
(TCEQ) submitted a request that the EPA redesignate the Collin County 
Pb NAA as attainment for the 2008 Pb NAAQS. The November 02, 2016 
submittal from the state includes a demonstration that the area 
monitors as attainment for the 2008 Pb NAAQS, an approvable SIP meeting 
the requirements of Section 110 and Part D of the CAA, an attainment 
emissions inventory, a maintenance plan, a monitoring plan and 
contingency measures to assure compliance.
    On October 10, 2012, TCEQ submitted a SIP revision with an 
attainment demonstration plan to comply with the 2008 Pb NAAQS as 
required by the CAA. The submittal contained the demonstration plan, 
monitoring plan, contingency measures to bring the area into compliance 
if an exceedance were detected, a Pb emission inventory, a 
demonstration the state employs a Pb nonattainment New Source Review 
program, a Pb Reasonably Available Control Measure (RACM) analysis, a 
Reasonably Achievable Control Technology (RACT) analysis and a Pb 
Reasonable Further Progress demonstration. A full review of this 
submittal can be found in the TSD for this action which is located in 
the docket at EPA-R06-OAR-2009-0750. This attainment plan stipulates 
controls and actions the Exide facility must implement to bring the 
area into attainment. However, since the facility's operations have 
ceased since this plan was submitted, the controls specified are no 
longer necessary as the controls included in the plan apply to a 
facility that no longer operates.
    On September 15, 2009, TCEQ submitted a second 10-year maintenance 
plan to demonstrate compliance with the 1978 Pb NAAQS as required by 
the CAA. The 1978 Pb NAAQS set the standard at 1.5 [mu]g/m\3\, averaged 
over a calendar year. EPA did not take action on that submittal at the 
time due to the 2008 revision of the Pb NAAQS which significantly 
lowered the 1978 Pb standard. Efforts by the EPA

[[Page 29428]]

and TCEQ were focused on bringing the NAA into compliance with the more 
stringent 2008 standard rather than processing that submittal.

III. What are the criteria for evaluation of the State's redesignation 
request and SIP revision requests?

A. The 2016 Request To Redesignate the Collin County Pb NAA to 
Attainment

    The CAA sets forth the requirements for redesignation of a NAA to 
attainment. Specifically, section 107(d)(3)(E) of the CAA allows for 
redesignation provided that: (1) The Administrator determines that the 
area has attained the applicable NAAQS based on current air quality 
data; (2) the Administrator has fully approved an applicable SIP for 
the area under section 110(k) of the CAA; (3) the Administrator 
determines that the improvement in air quality is due to permanent and 
enforceable emission reductions resulting from implementation of the 
applicable SIP, Federal air pollution control regulations, or other 
permanent and enforceable emission reductions; (4) the state containing 
the area has met all requirements applicable to the area for purposes 
of redesignation under section 110 and part D of the CAA; and (5) the 
Administrator has fully approved a maintenance plan for the area 
meeting the requirements of section 175A of the CAA.

B. The 2012 Attainment Plan for the 2008 Pb NAAQS

    Section 172 of the CAA, along with implementation guidance 
published by EPA for the 2008 Pb standard,\1\ requires the state to 
submit a SIP revision containing an analysis of reasonably available 
control measures and reasonably available control technology; a 
demonstration of attainment through air dispersion modeling; a control 
strategy demonstration; an emissions inventory; a demonstration of 
reasonable further progress and, contingency measures to be undertaken 
if the area fails to make reasonable further progress or attain the 
NAAQS by the attainment deadline.
---------------------------------------------------------------------------

    \1\ See 73 FR 66964, November 12, 2008.
---------------------------------------------------------------------------

C. The 2009 Second 10-Year Maintenance Plan for the 1978 Pb NAAQS

    Texas submitted and requested our approval of a second 10-year 
maintenance plan. This plan is required by Section 175A(b) of the CAA 
which states that a state must submit a SIP revision for maintenance of 
the Primary NAAQS for a second 10-year period following expiration of 
the first 10-year maintenance plan. The maintenance plan must contain a 
commitment to monitor ambient air quality to determine whether air 
quality meets the NAAQS and a requirement to implement one or more 
contingency measures if a quarterly average exceeds the 1978 Pb NAAQS 
of 1.5 [mu]g/m\3\.

IV. What is EPA's analysis of the State's three requests?

A. Analysis of the 2016 Request To Redesignate the Collin County Pb NAA 
To Attainment

    EPA can approve a redesignation request when five conditions are 
met. We have determined all five conditions are met and we are 
approving the state's redesignation request. The basis for this 
analysis follows our established procedures.\2\ A complete and thorough 
analysis of how the Texas meets the requirements for redesignation can 
be found in the TSD to this notice. A brief discussion of how these 
conditions are met is presented below.
---------------------------------------------------------------------------

    \2\ See ``Procedures for Processing Requests to Redesignate 
Areas to Attainment'' Memorandum from John Calcagni, September 4, 
1992. https://www.epa.gov/sites/production/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf.
---------------------------------------------------------------------------

1. The Area Has Attained the 2008 Pb NAAQS
    Monitoring data for the area shows that the 2008 Pb NAAQS was 
attained. As demonstrated in Table 1, below, the 2013-2015 ``design 
value'' for the area was 0.08 [mu]g/m \3\, well below the 2008 Pb 
standard of 0.15 [mu]g/m \3\. Design values are used to determine 
whether the NAAQS is met (see page 4 of the accompanying TSD). For 
convenience, we are detailing the observed monitoring data showing the 
area is in attainment of the standard in Table 1 below;

                                   Table 1--Monitored Lead Design Values for the Collin County Lead Nonattainment Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            2013 Annual     2014 Annual     2015 Annual
                                                                                              maximum         maximum         maximum
     Site identification No.               Site name                Site address *         rolling three   rolling three   rolling three   Design value
                                                                                           month average   month average   month average   2013-2015 **
                                                                                                **              **              **
--------------------------------------------------------------------------------------------------------------------------------------------------------
480850003.......................  Frisco 5th Street.........  7471 South 5th Street.....            0.05            0.01            0.01            0.05
480850007.......................  Frisco 7..................  6931 Ash Street...........            0.02            0.02            0.00            0.02
480850009.......................  Frisco Eubanks............  6601 Eubanks..............            0.08            0.02            0.01            0.08
480850029.......................  Frisco Stonebrook.........  7202 Stonebrook Parkway...            0.07            0.01            0.01            0.07
--------------------------------------------------------------------------------------------------------------------------------------------------------
* All locations in Frisco, Texas.
** [mu]g/m \3\.

2. The Area Has a Fully Approved SIP
    Section 110(k) of the CAA requires the state meet all criteria for 
completeness. This means all deadlines for action; criteria for full, 
partial, or conditional approval; and provisions for SIP revisions and 
corrections must have been met been met before we can approve the 
state's request for redesignation from nonattainment to attainment 
under the 2008 Pb NAAQS. With our approval of the attainment 
demonstration SIP revision the area has a fully approved SIP to address 
the 2008 Pb NAAQS (see page 5 of the TSD);
3. The Improvement in Air Quality Is Due to Permanent and Enforceable 
Emission Reductions
    With the state's demonstration that the Exide facility has been 
permanently shut down and that any future sources of Pb emissions in 
the area will be required to demonstrate compliance with the 2008 Pb 
NAAQS, we find the improvement in air quality is due to permanent and 
enforceable reductions in emissions and applicable Federal air 
pollution control regulations (see page 5 of the TSD);
4. The Area Has a Fully Approved Maintenance Plan
    The state has provided an appropriate maintenance plan to assure 
on-going attainment with the 2008 Pb NAAQS as required by Section 175A 
of the CAA. The maintenance plan submitted as part

[[Page 29429]]

of the redesignation request demonstrates continued attainment of the 
2008 Pb NAAQS for at least ten years by establishing an emission 
inventory baseline and committing to maintaining the Pb emission in the 
area below the level at which the area reached attainment. The state 
also provided a commitment to revise the maintenance plan for a second 
ten-year period as required by Section 175A of the CAA to assure 
compliance with the 2008 Pb NAAQS is maintained (see page 8 of the 
TSD).
    As demonstrated in Table 1, above, the annual maximum rolling 
three-month average at any of the four monitors in the NAA was 0.08 
[mu]g/m \3\ well below the 2008 Pb standard of 0.15 [mu]g/m \3\. 
Therefore, the area has attained the NAAQS and the State has 
demonstrated that the area will maintain attainment of the standard; 
and,
5. The Section 110 and Part D Requirements for the 2008 Pb SIP Are Met
    We reviewed the Texas SIP submittals and concluded they meet the 
general SIP requirements under section 110 and the specific Part D 
Nonattainment Area requirements. The general requirements under section 
110 include SIP adoption after reasonable public notice. The Part D 
requirements include the attainment demonstration being approved (see 
pages 9-10 of the TSD).

B. The 2012 Request To Approve the State's Attainment Demonstration for 
the 2008 Pb NAAQS

    Section 172 of the CAA, along with implementation guidance 
published by EPA for the 2008 Pb standard,\3\ requires the state to 
submit a SIP revision containing an analysis of reasonably available 
control measures and reasonably available control technology; a 
demonstration of attainment through air dispersion modeling; a control 
strategy demonstration; an emissions inventory; a demonstration of 
reasonable further progress, and contingency measures.
---------------------------------------------------------------------------

    \3\ See 73 FR 66964, November 12, 2008.
---------------------------------------------------------------------------

    On October 17, 2012, TCEQ submitted a request to revise the Texas 
SIP for control of Pb emission in the Collin County NAA. The request 
addressed the six necessary elements described in Section III. B. 
above. A complete and thorough analysis of the state's October 17, 2012 
submittal can be found in the TSD to this action. As a result of our 
analysis we are taking direct final action to approve the state's 
request for approval to the SIP to include their plan to demonstrate 
attainment with the 2008 Pb NAAQS. The TCEQ appropriately addressed all 
of the required elements and provided adequate public notice of changes 
to state rules to bring about compliance with the 2008 Pb NAAQS, 
conducted a public hearing and provided an opportunity for public 
comment.
    As part of the submittal the state provided an enforceable 
commitment from Exide in the form of an agreed order that proscribed 
technical improvements to the capture and control of Pb particulate 
emissions caused by the Exide lead acid recycling operation. Before the 
new control measures were to go into effect at the facility, however, 
Exide decided to cease operations. The entire production area of the 
facility was dismantled. There are no longer smelting operations at the 
site and no longer any point source emissions, therefore we do not 
expect these control options to be implemented. Exide is in the process 
of doing site remediation under its RCRA permit.

C. The 2009 Request To Approve the Second 10-Year Maintenance Plan for 
the 1978 Pb NAAQS

    Section 175A(b) of the CAA requires a state submit a SIP revision 
for maintenance of the Primary NAAQS for a second 10-year period 
following expiration of the first 10-year maintenance plan. As 
described in Section III. C. above, the maintenance plan must contain a 
commitment to assure the ambient air quality meets the NAAQS and a 
requirement to implement one or more contingency measures if a 
quarterly monitored average ambient Pb value exceeds the 1978 Pb NAAQS 
of 1.5 [mu]g/m\3\.
    On September 23, 2009, TCEQ submitted a SIP revision for the Collin 
County area to include a second 10-year maintenance plan for the 1978 
Pb NAAQS. The EPA had earlier found the Collin County area to be in 
compliance with the 1978 Pb NAAQS on December 13, 1999.\4\ The second 
10-year maintenance plan included: (1) An Agreed Order with Exide 
assuring the measures included in the maintenance plant were legally 
enforceable; (2) monitoring plans, to assure continued compliance with 
the 1978 Pb standard; and (3) action and contingency plans to deal with 
measured exceedance of the standard. We are taking direct final action 
to approve the state's revision to the SIP. A complete analysis of the 
plan and our rationale for approval is included in the TSD to this 
action.
---------------------------------------------------------------------------

    \4\ See 64 FR 60930.
---------------------------------------------------------------------------

V. What are the effects of EPA's actions?

    This action approves the Texas' redesignation request and changes 
the legal designation of the portion of Collin County, Texas in the 
vicinity of the former Exide facility NAA from nonattainment to 
attainment for the 2008 Pb NAAQS, found at 40 CFR part 81. This action 
approves the maintenance plan SIP revision and incorporates it into the 
EPA approved Texas SIP a plan for maintaining the 2008 Pb NAAQS. This 
action approves the SIP revisions for the 2008 Pb NAAQS attainment 
demonstration and the second 10-year maintenance plan for the 1978 Pb 
NAAQS and will incorporate these revisions into the EPA approved Texas 
SIP.

VI. Final Action

    We are approving a request from the State of Texas to redesignate 
the Collin County Pb NAA to attainment for the 2008 Pb NAAQS. We 
determined that the Collin County Pb NAA has attained the 2008 Pb 
NAAQS, based on complete, quality-assured, and certified ambient air 
quality monitoring data for 2013-2015. In approving the redesignation 
request, we also approve as a revision to the Texas SIP, a maintenance 
plan for the 2008 Pb NAAQS in the NAA. We are also approving as 
revisions to the Texas SIP an attainment demonstration for the 2008 Pb 
NAAQS, which includes an Agreed Order for the Exide facility, and a 
second 10-year maintenance plan for the 1978 Pb NAAQS.
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no relevant 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, we are publishing a separate document 
that will serve as the proposal to approve the SIP revision if relevant 
adverse comments are received. This rule will be effective on September 
27, 2017 without further notice unless we receive relevant adverse 
comment by July 31, 2017. If we receive relevant adverse comments, we 
will publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this action. Any parties 
interested in commenting must do so now. Please note that if we receive 
relevant adverse comment on an

[[Page 29430]]

amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, we may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

VII. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference the Agreed 
Order for Exide Technologies as described in the Final Action section 
above. We have made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the EPA Region 6 office.

VIII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' 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);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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 and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 28, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)
    Samuel Coleman was designated the Acting Regional Administrator on 
June 14, 2017 through the order of succession outlined in Regional 
Order R6-1110.13, a copy of which is included in the docket for this 
action.

List of Subjects

40 CFR 52

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

40 CFR 81

    Environmental protection, Air pollution control.

    Dated: June 14, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. In Sec.  52.2270:
0
a. In paragraph (d), the table titled ``EPA Approved Texas Source-
Specific Requirements'' is amended by adding an entry for ``Exide 
Technologies'' at the end of the table.
0
b. In paragraph (e), the second table titled ``EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP'' is amended by adding entries for ``Second 10-year Lead 
maintenance plan for 1978 Lead NAAQS'', ``Lead Attainment Demonstration 
for 2008 Lead NAAQS'', and ``Maintenance Plan for 2008 Lead NAAQS'' at 
the end of the table.
    The additions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (d) * * *

[[Page 29431]]



                                 EPA Approved Texas Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                             State
          Name of source           Permit or order No.  effective date   EPA approval date         Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Exide Technologies...............  Agreed Order No.          8/14/2012  6/29/2017, [Insert   ...................
                                    2011-0521-MIS.                       Federal Register
                                                                         citation].
----------------------------------------------------------------------------------------------------------------

    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                        Applicable           State
      Name of SIP provision           geographic or       Submittal/     EPA approval date         Comments
                                    nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Second 10-year Lead maintenance    Collin County, TX..       9/15/2009  6/29/2017, [Insert   ...................
 plan for 1978 Lead NAAQS.                                               Federal Register
                                                                         citation].
Lead Attainment Demonstration for  Collin County, TX..      10/10/2012  6/29/2017, [Insert   ...................
 2008 Lead NAAQS.                                                        Federal Register
                                                                         citation].
Maintenance Plan for 2008 Lead     Collin County, TX..      11/02/2016  6/29/2017, [Insert   ...................
 NAAQS.                                                                  Federal Register
                                                                         citation].
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. In Sec.  81.344, the table titled ``Texas-2008 Lead NAAQS'' is 
amended by revising the entry for Frisco, TX to read as follows:


Sec.  81.344  Texas.

* * * * *

                                             Texas--2008 Lead NAAQS
----------------------------------------------------------------------------------------------------------------
                                                                     Designation for the 2008 NAAQS \a\
                     Designated area                      ------------------------------------------------------
                                                              Date \1\                      Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Frisco, TX...............................................       9/27/2017  Attainment
    Collin County (part)
        The area immediately surrounding the Exide
         Technologies battery recycling plant in Frisco,
         bounded to the north by latitude 33.153 North,
         to the east by longitude 96.822 West, to the
         south by latitude 33.131 North, and to the west
         by longitude 96.837 West.
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except as otherwise specified.
\1\ December 31, 2011 unless otherwise noted.

[FR Doc. 2017-13479 Filed 6-28-17; 8:45 am]
 BILLING CODE 6560-50-P