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)

Page Range		29426-29432
FR Document		2017-13479

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 Issue 124 (Thursday, June 29, 2017)

[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]

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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.

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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
todd.robert@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
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, todd.robert@epa.gov. 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,
todd.robert@epa.gov. 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.
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\1\ See 73 FR 66964, November 12, 2008.
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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.
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\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.
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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
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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 **
** ** **
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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
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* 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.
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\3\ See 73 FR 66964, November 12, 2008.
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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.
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\4\ See 64 FR 60930.
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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].
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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

29426 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations

matter, Reporting and recordkeeping Dated: June 12, 2017. Authority: 42 U.S.C. 7401 et seq.
requirements, Sulfur oxides, Volatile Edward H. Chu,
■ 2. In § 52.1320, paragraph (c) is
organic compounds. Acting Regional Administrator, Region 7.
For the reasons stated in the amended by revising the entry for 10–
40 CFR Part 70 preamble, EPA amends 40 CFR parts 52 6.110 to read as follows:
Environmental protection, and 70 as set forth below: § 52.1320 Identification of plan.
Administrative practice and procedure, * * * * *
PART 52—APPROVAL AND
Air pollution control, Intergovernmental PROMULGATION OF (c) * * *
relations, Operating permits, Reporting IMPLEMENTATION PLANS
and recordkeeping requirements.
■ 1. The authority citation for part 52
continues to read as follows:

EPA-APPROVED MISSOURI REGULATIONS
State
Missouri EPA approval
Title effective Explanation
citation date
date

Missouri Department of Natural Resources

* * * * * * *

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri

* * * * * * *
10–6.110 .................. Submission of Emission Data, Emission 9/30/10 12/14/11, 76 FR Section (3)(A), Emissions Fees, has not
Fees, and Process Information. 77701. been approved as part of the SIP.

* * * * * * *

* * * * * ENVIRONMENTAL PROTECTION second 10-year maintenance plan for the
AGENCY 1978 Pb NAAQS submitted September
PART 70—STATE OPERATING PERMIT 15, 2009.
PROGRAMS 40 CFR Parts 52 and 81
DATES: This rule is effective on
[EPA–R06–OAR–2009–0750; 9963–47– September 27, 2017 without further
■ 3. The authority citation for part 70 Region 6] notice, unless the EPA receives relevant
continues to read as follows: adverse comment by July 31, 2017. If the
Authority: 42 U.S.C. 7401, et seq. Approval and Promulgation of Air EPA receives such comment, the EPA
Quality Implementation Plans; Texas; will publish a timely withdrawal in the
■ 4. Appendix A to part 70 is amended Redesignation of the Collin County Federal Register informing the public
by revising paragraph (ee) under Area to Attainment the 2008 Lead that this rule will not take effect.
Missouri to read as follows: Standard
ADDRESSES: Submit your comments,
Appendix A to Part 70—Approval AGENCY: Environmental Protection identified by Docket ID No. EPA–R06–
Status of State and Local Operating Agency (EPA). OAR–2009–0750, at http://
Permits Programs ACTION: Direct final rule. www.regulations.gov or via email to
todd.robert@epa.gov. Follow the online
* * * * * SUMMARY: Pursuant to the Federal Clean instructions for submitting comments.
Missouri Air Act (CAA or the Act), the Once submitted, comments cannot be
* * * * * Environmental Protection Agency (EPA) edited or removed from Regulations.gov.
(ee) The Missouri Department of Natural is taking direct final action to determine The EPA may publish any comment
Resources submitted revisions to Missouri the Collin County Lead (Pb) National received to its public docket. Do not
rule 10 CSR 10–6.110, ‘‘Reporting Emission Ambient Air Quality Standard (NAAQS) submit electronically any information
Data, Emission Fees, and Process Nonattainment Area (NAA) has attained you consider to be Confidential
Information’’ on March 16, 2015. The state the 2008 Pb NAAQS and to approve a Business Information (CBI) or other
effective date is March 30, 2015. This redesignation request for the area. In information whose disclosure is
revision is effective July 31, 2017. directly approving the redesignation restricted by statute. Multimedia
* * * * * request, EPA is also taking direct final submissions (audio, video, etc.) must be
action to approve as revisions to the accompanied by a written comment.
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[FR Doc. 2017–13547 Filed 6–28–17; 8:45 am]
BILLING CODE 6560–50–P Texas State Implementation Plan (SIP) a The written comment is considered the
maintenance plan for the 2008 Pb official comment and should include
NAAQS in the NAA submitted discussion of all points you wish to
November 2, 2016, an attainment make. The EPA will generally not
demonstration for the 2008 Pb NAAQS consider comments or comment
submitted October 10, 2012, and a contents located outside of the primary

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29428 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations

and TCEQ were focused on bringing the B. The 2012 Attainment Plan for the measures if a quarterly average exceeds
NAA into compliance with the more 2008 Pb NAAQS the 1978 Pb NAAQS of 1.5 mg/m3.
stringent 2008 standard rather than Section 172 of the CAA, along with IV. What is EPA’s analysis of the State’s
processing that submittal. implementation guidance published by three requests?
III. What are the criteria for evaluation EPA for the 2008 Pb standard,1 requires
the state to submit a SIP revision A. Analysis of the 2016 Request To
of the State’s redesignation request and
containing an analysis of reasonably Redesignate the Collin County Pb NAA
SIP revision requests?
available control measures and To Attainment
A. The 2016 Request To Redesignate the reasonably available control technology; EPA can approve a redesignation
Collin County Pb NAA to Attainment a demonstration of attainment through request when five conditions are met.
The CAA sets forth the requirements air dispersion modeling; a control We have determined all five conditions
for redesignation of a NAA to strategy demonstration; an emissions are met and we are approving the state’s
attainment. Specifically, section inventory; a demonstration of redesignation request. The basis for this
107(d)(3)(E) of the CAA allows for reasonable further progress and, analysis follows our established
redesignation provided that: (1) The contingency measures to be undertaken procedures.2 A complete and thorough
Administrator determines that the area if the area fails to make reasonable analysis of how the Texas meets the
has attained the applicable NAAQS further progress or attain the NAAQS by requirements for redesignation can be
based on current air quality data; (2) the the attainment deadline. found in the TSD to this notice. A brief
Administrator has fully approved an discussion of how these conditions are
C. The 2009 Second 10-Year
applicable SIP for the area under section met is presented below.
Maintenance Plan for the 1978 Pb
110(k) of the CAA; (3) the Administrator
NAAQS 1. The Area Has Attained the 2008 Pb
determines that the improvement in air
quality is due to permanent and Texas submitted and requested our NAAQS
enforceable emission reductions approval of a second 10-year Monitoring data for the area shows
resulting from implementation of the maintenance plan. This plan is required that the 2008 Pb NAAQS was attained.
applicable SIP, Federal air pollution by Section 175A(b) of the CAA which As demonstrated in Table 1, below, the
control regulations, or other permanent states that a state must submit a SIP 2013–2015 ‘‘design value’’ for the area
and enforceable emission reductions; (4) revision for maintenance of the Primary was 0.08 mg/m 3, well below the 2008 Pb
the state containing the area has met all NAAQS for a second 10-year period standard of 0.15 mg/m 3. Design values
requirements applicable to the area for following expiration of the first 10-year are used to determine whether the
purposes of redesignation under section maintenance plan. The maintenance NAAQS is met (see page 4 of the
110 and part D of the CAA; and (5) the plan must contain a commitment to accompanying TSD). For convenience,
Administrator has fully approved a monitor ambient air quality to we are detailing the observed
maintenance plan for the area meeting determine whether air quality meets the monitoring data showing the area is in
the requirements of section 175A of the NAAQS and a requirement to attainment of the standard in Table 1
CAA. implement one or more contingency below;

TABLE 1—MONITORED LEAD DESIGN VALUES FOR THE COLLIN COUNTY LEAD NONATTAINMENT AREA
2013 Annual 2014 Annual 2015 Annual
Site maximum maximum maximum Design value
identification Site name Site address * rolling three rolling three rolling three 2013–2015 **
No. month month month
average ** average ** average **

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.
** μg/m 3.

2. The Area Has a Fully Approved SIP demonstration SIP revision the area has improvement in air quality is due to
a fully approved SIP to address the 2008 permanent and enforceable reductions
Section 110(k) of the CAA requires Pb NAAQS (see page 5 of the TSD); in emissions and applicable Federal air
the state meet all criteria for pollution control regulations (see page 5
completeness. This means all deadlines 3. The Improvement in Air Quality Is
of the TSD);
for action; criteria for full, partial, or Due to Permanent and Enforceable
conditional approval; and provisions for Emission Reductions 4. The Area Has a Fully Approved
SIP revisions and corrections must have With the state’s demonstration that Maintenance Plan
been met been met before we can the Exide facility has been permanently The state has provided an appropriate
approve the state’s request for shut down and that any future sources maintenance plan to assure on-going
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redesignation from nonattainment to of Pb emissions in the area will be attainment with the 2008 Pb NAAQS as
attainment under the 2008 Pb NAAQS. required to demonstrate compliance required by Section 175A of the CAA.
With our approval of the attainment with the 2008 Pb NAAQS, we find the The maintenance plan submitted as part
1 See73 FR 66964, November 12, 2008. from John Calcagni, September 4, 1992. https:// processing_requests_to_redesignate_areas_to_
2 See‘‘Procedures for Processing Requests to www.epa.gov/sites/production/files/2016-03/ attainment_090492.pdf.
Redesignate Areas to Attainment’’ Memorandum documents/calcagni_memo_-_procedures_for_

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of the redesignation request to demonstrate attainment with the 2008 and our rationale for approval is
demonstrates continued attainment of Pb NAAQS. The TCEQ appropriately included in the TSD to this action.
the 2008 Pb NAAQS for at least ten addressed all of the required elements
V. What are the effects of EPA’s
years by establishing an emission and provided adequate public notice of actions?
inventory baseline and committing to changes to state rules to bring about
maintaining the Pb emission in the area compliance with the 2008 Pb NAAQS, This action approves the Texas’
below the level at which the area conducted a public hearing and redesignation request and changes the
reached attainment. The state also provided an opportunity for public legal designation of the portion of Collin
provided a commitment to revise the comment. County, Texas in the vicinity of the
maintenance plan for a second ten-year former Exide facility NAA from
As part of the submittal the state nonattainment to attainment for the
period as required by Section 175A of
provided an enforceable commitment 2008 Pb NAAQS, found at 40 CFR part
the CAA to assure compliance with the
from Exide in the form of an agreed 81. This action approves the
2008 Pb NAAQS is maintained (see page
8 of the TSD). order that proscribed technical maintenance plan SIP revision and
As demonstrated in Table 1, above, improvements to the capture and incorporates it into the EPA approved
the annual maximum rolling three- control of Pb particulate emissions Texas SIP a plan for maintaining the
month average at any of the four caused by the Exide lead acid recycling 2008 Pb NAAQS. This action approves
monitors in the NAA was 0.08 mg/m 3 operation. Before the new control the SIP revisions for the 2008 Pb
well below the 2008 Pb standard of 0.15 measures were to go into effect at the NAAQS attainment demonstration and
mg/m 3. Therefore, the area has attained facility, however, Exide decided to the second 10-year maintenance plan for
the NAAQS and the State has cease operations. The entire production the 1978 Pb NAAQS and will
demonstrated that the area will area of the facility was dismantled. incorporate these revisions into the EPA
maintain attainment of the standard; There are no longer smelting operations approved Texas SIP.
and, at the site and no longer any point
source emissions, therefore we do not VI. Final Action
5. The Section 110 and Part D expect these control options to be We are approving a request from the
Requirements for the 2008 Pb SIP Are implemented. Exide is in the process of State of Texas to redesignate the Collin
Met doing site remediation under its RCRA County Pb NAA to attainment for the
We reviewed the Texas SIP submittals permit. 2008 Pb NAAQS. We determined that
and concluded they meet the general the Collin County Pb NAA has attained
C. The 2009 Request To Approve the the 2008 Pb NAAQS, based on
SIP requirements under section 110 and
Second 10-Year Maintenance Plan for complete, quality-assured, and certified
the specific Part D Nonattainment Area
the 1978 Pb NAAQS ambient air quality monitoring data for
requirements. The general requirements
under section 110 include SIP adoption Section 175A(b) of the CAA requires 2013–2015. In approving the
after reasonable public notice. The Part redesignation request, we also approve
a state submit a SIP revision for
D requirements include the attainment as a revision to the Texas SIP, a
maintenance of the Primary NAAQS for
demonstration being approved (see maintenance plan for the 2008 Pb
a second 10-year period following
pages 9–10 of the TSD). NAAQS in the NAA. We are also
expiration of the first 10-year
approving as revisions to the Texas SIP
B. The 2012 Request To Approve the maintenance plan. As described in
an attainment demonstration for the
State’s Attainment Demonstration for Section III. C. above, the maintenance
2008 Pb NAAQS, which includes an
the 2008 Pb NAAQS plan must contain a commitment to
Agreed Order for the Exide facility, and
assure the ambient air quality meets the
Section 172 of the CAA, along with a second 10-year maintenance plan for
NAAQS and a requirement to
implementation guidance published by the 1978 Pb NAAQS.
implement one or more contingency The EPA is publishing this rule
EPA for the 2008 Pb standard,3 requires measures if a quarterly monitored
the state to submit a SIP revision without prior proposal because we view
average ambient Pb value exceeds the this as a non-controversial amendment
containing an analysis of reasonably 1978 Pb NAAQS of 1.5 mg/m3.
available control measures and and anticipate no relevant adverse
reasonably available control technology; On September 23, 2009, TCEQ comments. However, in the proposed
a demonstration of attainment through submitted a SIP revision for the Collin rules section of this Federal Register
air dispersion modeling; a control County area to include a second 10-year publication, we are publishing a
strategy demonstration; an emissions maintenance plan for the 1978 Pb separate document that will serve as the
inventory; a demonstration of NAAQS. The EPA had earlier found the proposal to approve the SIP revision if
reasonable further progress, and Collin County area to be in compliance relevant adverse comments are received.
contingency measures. with the 1978 Pb NAAQS on December This rule will be effective on September
On October 17, 2012, TCEQ submitted 13, 1999.4 The second 10-year 27, 2017 without further notice unless
a request to revise the Texas SIP for maintenance plan included: (1) An we receive relevant adverse comment by
control of Pb emission in the Collin Agreed Order with Exide assuring the July 31, 2017. If we receive relevant
County NAA. The request addressed the measures included in the maintenance adverse comments, we will publish a
six necessary elements described in plant were legally enforceable; (2) timely withdrawal in the Federal
Section III. B. above. A complete and monitoring plans, to assure continued Register informing the public that the
thorough analysis of the state’s October compliance with the 1978 Pb standard; rule will not take effect. We will address
17, 2012 submittal can be found in the and (3) action and contingency plans to all public comments in a subsequent
nlaroche on DSK30NT082PROD with RULES

TSD to this action. As a result of our deal with measured exceedance of the final rule based on the proposed rule.
analysis we are taking direct final action standard. We are taking direct final We will not institute a second comment
to approve the state’s request for action to approve the state’s revision to period on this action. Any parties
approval to the SIP to include their plan the SIP. A complete analysis of the plan interested in commenting must do so
now. Please note that if we receive
3 See 73 FR 66964, November 12, 2008. 4 See 64 FR 60930. relevant adverse comment on an

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29430 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations

amendment, paragraph, or section of • Is not an economically significant for judicial review may be filed, and
this rule and if that provision may be regulatory action based on health or shall not postpone the effectiveness of
severed from the remainder of the rule, safety risks subject to Executive Order such rule or action. This action may not
we may adopt as final those provisions 13045 (62 FR 19885, April 23, 1997); be challenged later in proceedings to
of the rule that are not the subject of an • Is not a significant regulatory action enforce its requirements. (See section
adverse comment. subject to Executive Order 13211 (66 FR 307(b)(2).)
28355, May 22, 2001); Samuel Coleman was designated the
VII. Incorporation by Reference
• Is not subject to requirements of Acting Regional Administrator on June
In this rule, we are finalizing section 12(d) of the National 14, 2017 through the order of succession
regulatory text that includes Technology Transfer and Advancement outlined in Regional Order R6–1110.13,
incorporation by reference. In Act of 1995 (15 U.S.C. 272 note) because a copy of which is included in the
accordance with the requirements of 1 application of those requirements would docket for this action.
CFR 51.5, we are finalizing the be inconsistent with the CAA; and
List of Subjects
incorporation by reference the Agreed • Does not provide EPA with the
Order for Exide Technologies as discretionary authority to address, as 40 CFR 52
described in the Final Action section appropriate, disproportionate human Environmental protection, Air
above. We have made, and will continue health or environmental effects, using pollution control, Incorporation by
to make, these documents generally practicable and legally permissible reference, Intergovernmental relations,
available electronically through methods, under Executive Order 12898 Lead, Reporting and recordkeeping
www.regulations.gov and/or in hard (59 FR 7629, February 16, 1994). requirements.
copy at the EPA Region 6 office. In addition, the SIP is not approved
to apply on any Indian reservation land 40 CFR 81
VIII. Statutory and Executive Order
Reviews or in any other area where EPA or an Environmental protection, Air
Indian tribe has demonstrated that a pollution control.
Under the CAA, the Administrator is tribe has jurisdiction. In those areas of
required to approve a SIP submission Indian country, the rule does not have Dated: June 14, 2017.
that complies with the provisions of the tribal implications and will not impose Samuel Coleman,
Act and applicable Federal regulations. substantial direct costs on tribal Acting Regional Administrator, Region 6.
42 U.S.C. 7410(k); 40 CFR 52.02(a). governments or preempt tribal law as
Thus, in reviewing SIP submissions, the 40 CFR parts 52 and 81 are amended
specified by Executive Order 13175 (65 as follows:
EPA’s role is to approve state choices, FR 67249, November 9, 2000).
provided that they meet the criteria of The Congressional Review Act, 5 PART 52—APPROVAL AND
the CAA. Accordingly, this action U.S.C. 801 et seq., as added by the Small PROMULGATION OF
merely approves state law as meeting Business Regulatory Enforcement IMPLEMENTATION PLANS
Federal requirements and does not Fairness Act of 1996, generally provides
impose additional requirements beyond that before a rule may take effect, the ■ 1. The authority citation for part 52
those imposed by state law. For that agency promulgating the rule must continues to read as follows:
reason, this action: submit a rule report, which includes a Authority: 42 U.S.C. 7401 et seq.
• Is not a ‘‘significant regulatory copy of the rule, to each House of the
action’’ subject to review by the Office Congress and to the Comptroller General Subpart SS—Texas
of Management and Budget under of the United States. The EPA will
Executive Orders 12866 (58 FR 51735, submit a report containing this rule and ■ 2. In § 52.2270:
October 4, 1993) and 13563 (76 FR 3821, other required information to the U.S. ■ a. In paragraph (d), the table titled
January 21, 2011); Senate, the U.S. House of ‘‘EPA Approved Texas Source-Specific
• Does not impose an information Representatives, and the Comptroller Requirements’’ is amended by adding an
collection burden under the provisions General of the United States prior to entry for ‘‘Exide Technologies’’ at the
of the Paperwork Reduction Act (44 publication of the rule in the Federal end of the table.
U.S.C. 3501 et seq.); Register. A major rule cannot take effect ■ b. In paragraph (e), the second table
• Is certified as not having a until 60 days after it is published in the titled ‘‘EPA Approved Nonregulatory
significant economic impact on a Federal Register. This action is not a Provisions and Quasi-Regulatory
substantial number of small entities ‘‘major rule’’ as defined by 5 U.S.C. Measures in the Texas SIP’’ is amended
under the Regulatory Flexibility Act (5 804(2). by adding entries for ‘‘Second 10-year
U.S.C. 601 et seq.); Under section 307(b)(1) of the CAA, Lead maintenance plan for 1978 Lead
• Does not contain any unfunded petitions for judicial review of this NAAQS’’, ‘‘Lead Attainment
mandate or significantly or uniquely action must be filed in the United States Demonstration for 2008 Lead NAAQS’’,
affect small governments, as described Court of Appeals for the appropriate and ‘‘Maintenance Plan for 2008 Lead
in the Unfunded Mandates Reform Act circuit by August 28, 2017. Filing a NAAQS’’ at the end of the table.
of 1995 (Pub. L. 104–4); petition for reconsideration by the The additions read as follows:
• Does not have Federalism Administrator of this final rule does not
implications as specified in Executive affect the finality of this rule for the § 52.2270 Identification of plan.
nlaroche on DSK30NT082PROD with RULES

Order 13132 (64 FR 43255, August 10, purposes of judicial review nor does it * * * * *
1999); extend the time within which a petition (d) * * *

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$Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations 29431 EPA APPROVED TEXAS SOURCE-SPECIFIC REQUIREMENTS State effective Name of source Permit or order No. EPA approval date Comments date * * * * * * * Exide Technologies ................ Agreed Order No. 2011– 8/14/2012 6/29/2017, [Insert Federal 0521–MIS. Register citation]. (e) * * * EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP State Applicable geographic or non- Submittal/ Name of SIP provision EPA approval date Comments attainment area effective date * * * * * * * Second 10-year Lead mainte- Collin County, TX ................... 9/15/2009 6/29/2017, [Insert Federal nance plan for 1978 Lead Register citation]. NAAQS. Lead Attainment Demonstra- Collin County, TX ................... 10/10/2012 6/29/2017, [Insert Federal tion for 2008 Lead NAAQS. Register citation]. Maintenance Plan for 2008 Collin County, TX ................... 11/02/2016 6/29/2017, [Insert Federal Lead NAAQS. Register citation]. PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401, et seq. § 81.344 Texas. FOR AIR QUALITY PLANNING * * * * * PURPOSES ■ 4. In § 81.344, the table titled ‘‘Texas- 2008 Lead NAAQS’’ is amended by ■ 3. The authority citation for part 81 revising the entry for Frisco, TX to read continues to read as follows: as follows: 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, bound- ed 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 nlaroche on DSK30NT082PROD with RULES VerDate Sep<11>2014 16:54 Jun 28, 2017 Jkt 241001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1$

29432 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations

ENVIRONMENTAL PROTECTION submission (i.e., on the web, cloud, or requirements of 40 CFR 63.91 and 63.94
AGENCY other file sharing system). For must be met.
additional submission methods, the full The EBP process comprises three
40 CFR Part 63 EPA public comment policy, steps. The first step (see 40 CFR 63.94(a)
[EPA–R04–OAR–2017–0209; FRL–9964–32– information about CBI or multimedia and (b)) is the ‘‘up-front approval’’ of
Region 4] submissions, and general guidance on the state EBP program. The second step
making effective comments, please visit (see 40 CFR 63.94(c) and (d)) is the EPA
Approval of Section 112(l) Authority for https://www2.epa.gov/dockets/ review and approval of the state
Hazardous Air Pollutants; Equivalency commenting-epa-dockets.
alternative section 112 requirements in
by Permit Provisions; National Copies of all comments must also be the form of pre-draft permit terms and
Emission Standards for Hazardous Air sent concurrently to TDEC either via
Pollutants; Plating and Polishing conditions. The third step (see 40 CFR
hard copy to Tennessee Department of 63.94(e)) is incorporation of the
Operations Environment and Conservation, 312 approved pre-draft permit terms and
AGENCY: Environmental Protection Rosa L. Parks Avenue, Floor 15, conditions into a specific title V permit
Agency (EPA). Nashville, Tennessee 37243–1102, and the title V permit issuance process
ACTION: Direct final rule.
attention: Michelle Walker; or via
itself. The final approval of the state
electronic mail to michelle.b.walker@
alternative requirements that substitute
SUMMARY: On December 12, 2016, tn.gov.
for the Federal standard does not occur
pursuant to section 112(l) of the Clean
FOR FURTHER INFORMATION CONTACT: Lee for purposes of the Act, section
Air Act (CAA), the Tennessee
Page, South Air Enforcement and Toxics 112(l)(5), until the completion of step
Department of Environment and
Section, Air Enforcement and Toxics three.
Conservation (TDEC) requested
Branch, Air, Pesticides and Toxics The purpose of step one, the ‘‘up-front
approval to implement and enforce
State permit terms and conditions that Management Division, U.S. approval’’ of the EBP program, is three
substitute for the National Emission Environmental Protection Agency, fold: (1) It ensures that the State meets
Standards for Hazardous Air Pollutants Region 4, 61 Forsyth Street SW., the criteria of 40 CFR 63.91(d) for up-
(NESHAP) from Plating and Polishing Atlanta, Georgia 30303–8960. Mr. Page front approval common to all approval
Operations with respect to the operation can be reached via telephone at (404) options; (2) it provides a legal
of the Ellison Surface Technologies, 562–9131 and via electronic mail at
foundation for the State to replace the
Inc., facility in Morgan County, page.lee@epa.gov.
otherwise applicable Federal section
Tennessee (Ellison). The Environmental SUPPLEMENTARY INFORMATION: 112 requirements that will be reflected
Protection Agency is approving this in final title V permit terms and
I. Background
request, and thus, granting TDEC the conditions; and (3) it delineates the
authority to implement and enforce Pursuant to section 112 of the CAA, specific sources and Federal emission
alternative requirements in the form of EPA promulgates NESHAPs for various standards for which the State will be
title V permit terms and conditions after categories of air pollution sources. On accepting delegation under the EBP
the EPA has approved the State’s July 1, 2008, the EPA promulgated the option.
alternative requirements. NESHAP for Plating and Polishing
On December 12, 2016, TDEC
DATES: This direct final rule is August Operations (see 73 FR 37741) which is
codified in 40 CFR part 63, subpart requested delegation of authority to
28, 2017 without further notice, unless
the EPA receives adverse comment by WWWWWW, ‘‘National Emission implement and enforce title V permit
July 31, 2017. If the EPA receives such Standards for Hazardous Air Pollutants: terms and requirements for Ellison as an
comments, it will publish a timely Area Source Standards for Plating and alternative to those of subpart
withdrawal of the direct final rule in the Polishing Operations.’’ Ellison performs WWWWWW. As part of its request to
Federal Register and inform the public plating and polishing operations and is implement and enforce alternative terms
that the rule will not take effect. subject to subpart WWWWWW. and conditions in place of the otherwise
applicable Federal section 112 standard,
ADDRESSES: Submit your comments, Under CAA section 112(l), the EPA
TDEC submitted information intended
identified by Docket ID No. EPA–R04– may approve state or local rules or
to satisfy the requirements necessary for
OAR–2017–0209 at https:// programs to be implemented and
‘‘up front approval’’ of the EBP program.
www.regulations.gov. Follow the online enforced in place of certain otherwise
instructions for submitting comments. applicable CAA section 112 Federal II. Analysis of State’s Submittal
Once submitted, comments cannot be rules, emission standards, or
edited or removed from Regulations.gov. requirements. The Federal regulations The EPA has reviewed TDEC’s
The EPA may publish any comment governing EPA’s approval of state and submittal and has concluded that the
received to its public docket. Do not local rules or programs under section State meets the requirements for ‘‘up-
submit electronically any information 112(l) are located at 40 CFR part 63, front approval’’ of its EBP program
you consider to be Confidential subpart E (see 65 FR 55810, dated which are specified at 40 CFR 63.94(b)
Business Information (CBI) or other September 14, 2000). Under these and 63.91(d). The requirements a State
information whose disclosure is regulations, a state or local air pollution or local agency must meet can be
restricted by statute. Multimedia control agency has the option to request summarized as follows: (1) Identify the
submissions (audio, video, etc.) must be the EPA’s approval to substitute source(s) for which the State seeks
accompanied by a written comment. alternative requirements and authorities authority to implement and enforce
nlaroche on DSK30NT082PROD with RULES

The written comment is considered the that take the form of title V permit terms alternative requirements; (2) request
official comment and should include and conditions instead of source delegation (or have delegation) for any
discussion of all points you wish to category regulations. This option is remaining sources that are in the same
make. The EPA will generally not referred to as the equivalency by permit category as the source(s) for which it
consider comments or comment (EBP) option. To receive the EPA wishes to establish alternative
contents located outside of the primary approval of an EBP program, the requirements; (3) identify all existing

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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		Rules and Regulations
Action		Direct final rule.
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.
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.
FR Citation		82 FR 29426
CFR Citation		40 CFR 52 40 CFR 81