82 FR 48439 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Interstate Transport Requirements for the 2010 1-Hour Sulfur Dioxide Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 200 (October 18, 2017)
Federal Register Volume 82, Issue 200 (October 18, 2017)
| Page Range | 48439-48442 | |
| FR Document | 2017-22253 |
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)] [Rules and Regulations] [Pages 48439-48442] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22253] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2014-0701; FRL-9969-51-Region 3] Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Interstate Transport Requirements for the 2010 1- Hour Sulfur Dioxide Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve a state implementation plan (SIP) revision submitted by the District of Columbia (the District). This revision pertains to the infrastructure requirement for interstate transport of pollution with respect to the 2010 1-hour sulfur dioxide (SO2 ) national ambient air quality standards (NAAQS). EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on December 18, 2017 without further notice, unless EPA receives adverse written comment by November 17, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2014-0701 at https://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, 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. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. 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. FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, (215) 814-2021, or by email at [email protected]. SUPPLEMENTARY INFORMATION: On July 17, 2014, the District of Columbia (the District) through the District Department of Energy and the Environment (DDOEE) submitted a SIP revision addressing the infrastructure requirements under section 110(a)(2) of the CAA for the 2010 1-hour SO2 NAAQS. [[Page 48440]] I. Background On June 2, 2010, the EPA strengthened the SO2 primary standards, establishing a new 1-hour primary standard at the level of 75 parts per billion (ppb), based on the 3-year average of the annual 99th percentile of 1-hour daily maximum concentrations (hereafter ``the 2010 1-hour SO2 NAAQS''). At the same time, the EPA also revoked the previous 24-hour and annual primary SO2 standards. See 75 FR 35520 (June 22, 2010). See 40 CFR 50.11. The previous SO2 air quality standards were set in 1971, including a 24-hour average primary standard at 140 ppb and an annual average primary standard at 30 ppb. See 36 FR 8186 (April 30, 1971). SO2 is one of a group of highly reactive gases known as ``oxides of sulfur.'' Nationally, the largest sources of SO2 emissions are fossil fuel combustion at power plants and other industrial facilities. Smaller sources of SO2 emissions include industrial processes such as extracting metal from ore, and the burning of high sulfur containing fuels by locomotives, large ships, and non-road equipment. SO2 is linked with a number of adverse effects on the respiratory system. The CAA requires states to submit, within three years after promulgation of a new or revised NAAQS, SIPs meeting the applicable elements of sections 110(a)(1) and (2).\1\ Several of these applicable elements are delineated within section 110(a)(2)(D)(i) of the CAA. Section 110(a)(2)(D)(i) generally requires SIPs to contain adequate provisions to prohibit in-state emissions activities from having certain adverse air quality effects on neighboring states due to interstate transport of air pollution. There are four prongs within section 110(a)(2)(D)(i) of the CAA; section 110(a)(2)(D)(i)(I) contains prongs 1 and 2, while section 110(a)(2)(D)(i)(II) includes prongs 3 and 4. According to the CAA's good neighbor provision located within section 110(a)(2)(D)(i)(I), a state's SIP must contain adequate provisions to prohibit any source or other type of emissions activity within the state from emitting air pollutants that ``contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such national primary or secondary ambient air quality standard.'' Under section 110(a)(2)(D)(i)(I) of the CAA, EPA gives independent significance to the matter of nonattainment (prong 1) and to that of maintenance (prong 2). --------------------------------------------------------------------------- \1\ SIP revisions that are intended to meet the requirements of section 110(a) of the CAA are often referred to as infrastructure SIPs and the elements under 110(a) are referred to as infrastructure requirements. --------------------------------------------------------------------------- II. Summary of SIP Revisions and EPA Analysis On July 17, 2014, the District, through DDOEE, submitted a revision to its SIP to satisfy the infrastructure requirements of section 110(a)(2) of the CAA for the 2010 1-hour SO2 NAAQS, including section 110(a)(2)(D)(i)(I). On April 13, 2015 (80 FR 19538), the EPA approved the District's infrastructure SIP submittal for the 2010 1-hour SO2 NAAQS for all applicable elements of section 110(a)(2) with the exception of 110(a)(2)(D)(i)(I).\2\ This rulemaking action is addressing the portions of the District's infrastructure submittal for the 2010 1-hour SO2 NAAQS that pertain to transport requirements.\3\ --------------------------------------------------------------------------- \2\ In the April 13, 2015 action, the EPA also approved the District's infrastructure SIPs for the 2008 ozone and 2010 NO2 NAAQS, with the exception of the transport elements in 110(a)(2)(D)(i)(I). \3\ For the EPA's explanation of its ability to act on discrete elements of section 110(a)(2), see 80 FR 2865 (Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Infrastructure Requirements for the 2008 Ozone, 2010 Nitrogen Dioxide, and 2010 Sulfur Dioxide National Ambient Air Quality Standards; Approval of Air Pollution Emergency Episode Plan (January 21, 2015)). --------------------------------------------------------------------------- The portion of the District's July 17, 2014 SIP submittal addressing interstate transport (for section 110(a)(2)(D)(i)(I)) includes an emissions inventory and air quality data that concludes that the District does not have sources that can contribute with respect to the 2010 1-hour SO2 NAAQS to nonattainment in, or interfere with maintenance in, any other state. The submittal also included currently available air quality monitoring data which alleged that SO2 levels continue to be well below the 2010 1-hour SO2 NAAQS in the District and in any areas surrounding or bordering the District. EPA has reviewed current monitoring data for SO2 and finds monitor data within the District, and in areas surrounding the District, continue to show no nonattainment issues with regards to the SO2 NAAQS. Additionally, the District described in its submittal several existing SIP-approved measures and other federally enforceable source- specific measures, including measures pursuant to permitting requirements under the CAA, that apply to SO2 sources within the District. The District alleges with these measures, SO2 emissions within the District are minimal. The EPA finds that the District's existing SIP provisions, as identified in the July 17, 2014 SIP submittal, are adequate to prevent the District's emission sources from significantly contributing to nonattainment or interfering with maintenance in another state with respect to the 2010 1-hour SO2 NAAQS. In light of these measures, the EPA does not expect SO2 emissions in the District to increase significantly, and therefore does not expect monitors in the District and nearby states to have difficulty continuing to attain or maintain attainment of the NAAQS. A detailed summary of EPA's review and rationale for approval of this SIP revision as meeting CAA section 110(a)(2)(D)(i)(I) for the 2010 1-hour SO2 NAAQS may be found in the Technical Support Document (TSD) for this rulemaking action, which is available online at www.regulations.gov, Docket number EPA-R03-OAR-2014-0701. III. Final Action EPA is approving the portions of the District's July 17, 2014 SIP revision addressing interstate transport for the 2010 1-hour SO2 NAAQS as these portions meet the requirements in section 110(a)(2)(D)(i)(I) of the CAA. EPA is publishing this rule without prior proposal because EPA views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ``Proposed Rules'' section of this Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on December 18, 2017 without further notice unless EPA receives adverse comment by November 17, 2017. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. IV. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not [[Page 48441]] 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, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General 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. EPA will submit a report containing this action 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). C. Petitions for Judicial Review 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 December 18, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking action. This action, addressing the District's interstate transport for the 2010 1-hour SO 2 NAAQS, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Sulfur oxides. Dated: September 29, 2017. Cecil Rodrigues, Acting Regional Administrator, Region III. 40 CFR part 52 is 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 J--District of Columbia 0 2. In Sec. 52.470, the table in paragraph (e) is amended by adding a second entry for ``Section 110(a)(2) Infrastructure Requirements for the 2010 SO2 NAAQS'' before the entry for ``Emergency Air Pollution Plan'' to read as follows: Sec. 52.470 Identification of plan. * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- State Name of non-regulatory SIP Applicable geographic area submittal EPA approval date Additional revision date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 110(a)(2) District-wide.............. 07/18/14 10/18/2017, This action Infrastructure Requirements [Insert Federal addresses the for the 2010 SO2 NAAQS Register infrastructure District-wide. citation]. element of CAA section 110(a)(2)(D)(i)( I), or the good neighbor provision, for the 2010 SO2 NAAQS. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 48442]] [FR Doc. 2017-22253 Filed 10-17-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations 48439
required information to the U.S. Senate, objections to this direct final rule are Dated: September 28, 2017.
the U.S. House of Representatives, and encouraged to file a comment in Robert A. Kaplan,
the Comptroller General of the United response to the parallel notice of Acting Regional Administrator, Region 5.
States prior to publication of the rule in proposed rulemaking for this action
the Federal Register. A major rule published in the proposed rules section 40 CFR part 52 is amended as follows:
cannot take effect until 60 days after it of today’s Federal Register, rather than
file an immediate petition for judicial PART 52—APPROVAL AND
is published in the Federal Register.
review of this direct final rule, so that PROMULGATION OF
This action is not a ‘‘major rule’’ as
EPA can withdraw this direct final rule IMPLEMENTATION PLANS
defined by 5 U.S.C. 804(2).
and address the comment in the
Under section 307(b)(1) of the CAA, proposed rulemaking. This action may ■ 1. The authority citation for part 52
petitions for judicial review of this not be challenged later in proceedings to continues to read as follows:
action must be filed in the United States enforce its requirements. (See section Authority: 42 U.S.C. 7401 et seq.
Court of Appeals for the appropriate 307(b)(2)).
circuit by December 18, 2017. Filing a ■ 2. In § 52.1170, the table in paragraph
petition for reconsideration by the List of Subjects in 40 CFR Part 52 (e) is amended by adding the entry
Administrator of this final rule does not Environmental protection, Air ‘‘Regional Haze Progress Report’’ to
affect the finality of this action for the pollution control, Incorporation by follow the entry titled ‘‘Regional Haze
purposes of judicial review nor does it reference, Intergovernmental relations, Plan’’ to read as follows:
extend the time within which a petition Nitrogen dioxide, Particulate matter,
§ 52.1170 Identification of plan.
for judicial review may be filed, and Reporting and recordkeeping
shall not postpone the effectiveness of requirements, Sulfur oxides, Volatile * * * * *
such rule or action. Parties with organic compounds. (e) * * *
EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable State
Name of nonregulatory SIP provision geographic or submittal EPA approval date Comments
nonattainment area date
* * * * * * *
Regional Haze Progress Report ............... Statewide ................. 1/12/2016 10/18/2017, [insert Federal Register cita-
tion].
* * * * * * *
[FR Doc. 2017–22510 Filed 10–17–17; 8:45 am] approving this revision in accordance The written comment is considered the
BILLING CODE 6560–50–P with the requirements of the Clean Air official comment and should include
Act (CAA). discussion of all points you wish to
DATES: This rule is effective on make. EPA will generally not consider
ENVIRONMENTAL PROTECTION December 18, 2017 without further comments or comment contents located
AGENCY notice, unless EPA receives adverse outside of the primary submission (i.e.
written comment by November 17, on the web, cloud, or other file sharing
40 CFR Part 52 system). For additional submission
2017. If EPA receives such comments, it
[EPA–R03–OAR–2014–0701; FRL–9969–51– will publish a timely withdrawal of the methods, please contact the person
Region 3] direct final rule in the Federal Register identified in the FOR FURTHER
and inform the public that the rule will INFORMATION CONTACT section. For the
Approval and Promulgation of Air not take effect. full EPA public comment policy,
Quality Implementation Plans; District information about CBI or multimedia
ADDRESSES: Submit your comments,
of Columbia; Interstate Transport submissions, and general guidance on
identified by Docket ID No. EPA–R03–
Requirements for the 2010 1-Hour making effective comments, please visit
OAR–2014–0701 at https://
Sulfur Dioxide Standard http://www2.epa.gov/dockets/
www.regulations.gov, or via email to
AGENCY: Environmental Protection stahl.cynthia@epa.gov. For comments commenting-epa-dockets.
Agency (EPA). submitted at Regulations.gov, follow the FOR FURTHER INFORMATION CONTACT:
ACTION: Direct final rule. online instructions for submitting Joseph Schulingkamp, (215) 814–2021,
comments. Once submitted, comments or by email at schulingkamp.joseph@
SUMMARY: The Environmental Protection cannot be edited or removed from epa.gov.
Agency (EPA) is taking direct final Regulations.gov. For either manner of
action to approve a state submission, EPA may publish any SUPPLEMENTARY INFORMATION: On July
implementation plan (SIP) revision comment received to its public docket. 17, 2014, the District of Columbia (the
Do not submit electronically any District) through the District Department
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submitted by the District of Columbia
(the District). This revision pertains to information you consider to be of Energy and the Environment
the infrastructure requirement for confidential business information (CBI) (DDOEE) submitted a SIP revision
interstate transport of pollution with or other information whose disclosure is addressing the infrastructure
respect to the 2010 1-hour sulfur restricted by statute. Multimedia requirements under section 110(a)(2) of
dioxide (SO2) national ambient air submissions (audio, video, etc.) must be the CAA for the 2010 1-hour SO2
quality standards (NAAQS). EPA is accompanied by a written comment. NAAQS.
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impose additional requirements beyond In addition, this rule does not have objections to this direct final rule are
those imposed by state law. For that tribal implications as specified by encouraged to file a comment in
reason, this action: Executive Order 13175 (65 FR 67249, response to the parallel notice of
• Is not a ‘‘significant regulatory November 9, 2000), because the SIP is proposed rulemaking for this action
action’’ subject to review by the Office not approved to apply in Indian country published in the proposed rules section
of Management and Budget under located in the state, and EPA notes that of this Federal Register, rather than file
Executive Orders 12866 (58 FR 51735, it will not impose substantial direct an immediate petition for judicial
October 4, 1993) and 13563 (76 FR 3821, costs on tribal governments or preempt review of this direct final rule, so that
January 21, 2011); tribal law. EPA can withdraw this direct final rule
• does not impose an information and address the comment in the
B. Submission to Congress and the
collection burden under the provisions proposed rulemaking action. This
Comptroller General
of the Paperwork Reduction Act (44 action, addressing the District’s
U.S.C. 3501 et seq.); The Congressional Review Act, 5 interstate transport for the 2010 1-hour
• is certified as not having a U.S.C. 801 et seq., as added by the Small SO2 NAAQS, may not be challenged
significant economic impact on a Business Regulatory Enforcement later in proceedings to enforce its
substantial number of small entities Fairness Act of 1996, generally provides requirements. (See section 307(b)(2).)
under the Regulatory Flexibility Act (5 that before a rule may take effect, the
List of Subjects in 40 CFR Part 52
U.S.C. 601 et seq.); agency promulgating the rule must
• does not contain any unfunded submit a rule report, which includes a Environmental protection, Air
mandate or significantly or uniquely copy of the rule, to each House of the pollution control, Incorporation by
affect small governments, as described Congress and to the Comptroller General reference, Sulfur oxides.
in the Unfunded Mandates Reform Act of the United States. EPA will submit a Dated: September 29, 2017.
of 1995 (Pub. L. 104–4); report containing this action and other Cecil Rodrigues,
• does not have federalism required information to the U.S. Senate, Acting Regional Administrator, Region III.
implications as specified in Executive the U.S. House of Representatives, and
Order 13132 (64 FR 43255, August 10, the Comptroller General of the United 40 CFR part 52 is amended as follows:
1999); States prior to publication of the rule in
PART 52—APPROVAL AND
• is not an economically significant the Federal Register. A major rule
PROMULGATION OF
regulatory action based on health or cannot take effect until 60 days after it
IMPLEMENTATION PLANS
safety risks subject to Executive Order is published in the Federal Register.
13045 (62 FR 19885, April 23, 1997); This action is not a ‘‘major rule’’ as ■ 1. The authority citation for part 52
• is not a significant regulatory action defined by 5 U.S.C. 804(2). continues to read as follows:
subject to Executive Order 13211 (66 FR
C. Petitions for Judicial Review Authority: 42 U.S.C. 7401 et seq.
28355, May 22, 2001);
• is not subject to requirements of Under section 307(b)(1) of the CAA, Subpart J—District of Columbia
Section 12(d) of the National petitions for judicial review of this
Technology Transfer and Advancement action must be filed in the United States ■ 2. In § 52.470, the table in paragraph
Act of 1995 (15 U.S.C. 272 note) because Court of Appeals for the appropriate (e) is amended by adding a second entry
application of those requirements would circuit by December 18, 2017. Filing a for ‘‘Section 110(a)(2) Infrastructure
be inconsistent with the CAA; and petition for reconsideration by the Requirements for the 2010 SO2
• does not provide EPA with the Administrator of this final rule does not NAAQS’’ before the entry for
discretionary authority to address, as affect the finality of this action for the ‘‘Emergency Air Pollution Plan’’ to read
appropriate, disproportionate human purposes of judicial review nor does it as follows:
health or environmental effects, using extend the time within which a petition
practicable and legally permissible for judicial review may be filed, and § 52.470 Identification of plan.
methods, under Executive Order 12898 shall not postpone the effectiveness of * * * * *
(59 FR 7629, February 16, 1994). such rule or action. Parties with (e) * * *
Applicable State
Name of non-regulatory geographic submittal EPA approval date Additional explanation
SIP revision area date
* * * * * * *
Section 110(a)(2) Infrastructure District-wide ........... 07/18/14 10/18/2017, [Insert Federal Reg- This action addresses the infra-
Requirements for the 2010 SO2 ister citation]. structure element of CAA sec-
NAAQS District-wide. tion 110(a)(2)(D)(i)(I), or the
good neighbor provision, for the
2010 SO2 NAAQS.
* * * * * * *
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![48442 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations
[FR Doc. 2017–22253 Filed 10–17–17; 8:45 am] official comment and should include based on a maximum arithmetic three-
BILLING CODE 6560–50–P discussion of all points you wish to month mean concentration for a three-
make. EPA will generally not consider year period. 40 CFR 50.16.
comments or comment contents located On November 22, 2010 (75 FR 71033),
ENVIRONMENTAL PROTECTION outside of the primary submission (i.e. EPA published its initial air quality
AGENCY on the web, cloud, or other file sharing designations and classifications for the
system). For additional submission 2008 lead NAAQS based upon air
40 CFR Parts 52 and 81 methods, please contact the person quality monitoring data for calendar
[EPA–R05–OAR–2017–0256; FRL–9969–67– identified in the FOR FURTHER years 2007–2009. These designations
Region 5] INFORMATION CONTACT section. For the became effective on December 31, 2010.
full EPA public comment policy, A portion of Fulton County was
Air Plan Approval; Ohio; information about CBI or multimedia designated as nonattainment for lead,
Redesignation of the Fulton County submissions, and general guidance on specifically portions of Swan Creek and
Area to Attainment of the 2008 Lead making effective comments, please visit York Townships. 40 CFR 81.336.
Standard http://www2.epa.gov/dockets/ On April 27, 2017, Ohio requested
commenting-epa-dockets. EPA to designate the applicable Fulton
AGENCY: Environmental Protection
FOR FURTHER INFORMATION CONTACT: Matt County area as attainment of the lead
Agency (EPA).
Rau, Environmental Engineer, Control NAAQS. Ohio documented that its
ACTION: Direct final rule. request meets the redesignation criteria
Strategies Section, Air Programs Branch
SUMMARY: The Environmental Protection (AR–18J), Environmental Protection of CAA section 107.
Agency (EPA) is approving the State of Agency, Region 5, 77 West Jackson Ohio used the emissions inventory to
Ohio’s request to revise the designation Boulevard, Chicago, Illinois 60604, find that there were no area, mobile, or
of, or ‘‘redesignate,’’ the Fulton County (312) 886–6524, rau.matthew@epa.gov. nonroad sources of lead emissions that
nonattainment area (Fulton County) to SUPPLEMENTARY INFORMATION:
contributed to nonattainment. The
attainment of the 2008 National Throughout this document whenever Bunting Bearings LLC facility (Bunting)
Ambient Air Quality Standards ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean in the village of Delta is the only point
(NAAQS or standard) for lead. EPA is EPA. This supplementary information source of lead emissions in the
also approving the maintenance plan section is arranged as follows: nonattainment area. Bunting
and related elements of the manufactures continuous cast products
I. Why is EPA concerned about lead? in copper alloys, typically bronze, that
redesignation. EPA is approving II. What is the background for these actions?
reasonably available control measure III. What are the criteria for redesignation to
contain lead. The lead component of the
(RACM)/reasonably available control attainment? alloys is important as it allows for
technology (RACT) measures and a IV. What is EPA’s analysis of Ohio’s request? machining the bronze.
comprehensive emissions inventory as V. What action is EPA taking? III. What are the criteria for
meeting the Clean Air Act (CAA) VI. Statutory and Executive Order Reviews
redesignation to attainment?
requirements. EPA is taking these I. Why is EPA concerned about lead? The requirements for redesignating an
actions in accordance with the CAA and Lead is a metal found naturally in the area from nonattainment to attainment
EPA’s implementation regulations environment and present in some are found in CAA section 107(d)(3)(E).
regarding the 2008 lead NAAQS. manufactured products. However, lead There are five criteria for redesignating
DATES: This direct final rule will be has serious public health effects and an area. First, the Administrator must
effective December 18, 2017, unless EPA depending on the level of exposure can determine that the area has attained the
receives relevant adverse comments by adversely affect the nervous system, applicable NAAQS based on current air
November 17, 2017. If adverse kidney function, immune system, quality data. Second, the Administrator
comments are received, EPA will reproductive and developmental must have fully approved the applicable
publish a timely withdrawal of the systems and the cardiovascular system. SIP for the area under CAA section
direct final rule in the Federal Register Infants and young children are 110(k). The third criterion is for the
informing the public that the rule will especially sensitive to even low levels of Administrator to determine that the air
not take effect. lead, which may contribute to quality improvement is the result of
ADDRESSES: Submit your comments, behavioral problems, learning deficits permanent and enforceable emission
identified by Docket ID No. EPA–R05– and lowered intelligence quotient. The reductions. Fourth, the Administrator
OAR–2017–0256 at http:// major sources of lead for air emissions must have fully approved a
www.regulations.gov or via email to have historically been from fuels used maintenance plan meeting the CAA
blakley.pamela@epa.gov. For comments in on-road motor vehicles (such as cars section 175A requirements. The fifth
submitted at Regulations.gov, follow the and trucks) and industrial sources. As a criterion is that the state has met all of
online instructions for submitting result of EPA’s regulatory efforts to the applicable requirements of CAA
comments. Once submitted, comments remove lead from on-road motor vehicle section 110 and part D.
cannot be edited or removed from gasoline, emissions of lead from the
Regulations.gov. For either manner of IV. What is EPA’s analysis of Ohio’s
transportation sector declined by 95
submission, EPA may publish any request?
percent between 1980 and 1999, and
comment received to its public docket. levels of lead in the air decreased by 94 A. Attainment Determination and
Do not submit electronically any percent between 1980 and 1999. Redesignation
information you consider to be
ethrower on DSK3G9T082PROD with RULES
Confidential Business Information (CBI) II. What is the background for these 1. The Area Has Attained the 2008 Lead
or other information whose disclosure is actions? NAAQS (Section 107(d)(3)(E)(i))
restricted by statute. Multimedia On November 12, 2008 (73 FR 66964), On May 26, 2015, EPA determined
submissions (audio, video, etc.) must be EPA established the 2008 primary and that Fulton County has attained the
accompanied by a written comment. secondary lead NAAQS at 0.15 2008 lead NAAQS. 80 FR 29964. EPA
The written comment is considered the micrograms per cubic meter (mg/m3) made its clean data determination based
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Document Created: 2017-10-18 01:37:40
Document Modified: 2017-10-18 01:37:40
| 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 December 18, 2017 without further notice, unless EPA receives adverse written comment by November 17, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Joseph Schulingkamp, (215) 814-2021, or by email at [email protected] | |
| FR Citation | 82 FR 48439 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference and Sulfur Oxides |
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