82_FR_48642 82 FR 48442 - Air Plan Approval; Ohio; Redesignation of the Fulton County Area to Attainment of the 2008 Lead Standard

82 FR 48442 - Air Plan Approval; Ohio; Redesignation of the Fulton County Area to Attainment of the 2008 Lead Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 200 (October 18, 2017)

Page Range48442-48448
FR Document2017-22495

The Environmental Protection Agency (EPA) is approving the State of Ohio's request to revise the designation of, or ``redesignate,'' the Fulton County nonattainment area (Fulton County) to attainment of the 2008 National Ambient Air Quality Standards (NAAQS or standard) for lead. EPA is also approving the maintenance plan and related elements of the redesignation. EPA is approving reasonably available control measure (RACM)/reasonably available control technology (RACT) measures and a comprehensive emissions inventory as meeting the Clean Air Act (CAA) requirements. EPA is taking these actions in accordance with the CAA and EPA's implementation regulations regarding the 2008 lead NAAQS.

Federal Register, Volume 82 Issue 200 (Wednesday, October 18, 2017)
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48442-48448]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22495]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2017-0256; FRL-9969-67-Region 5]


Air Plan Approval; Ohio; Redesignation of the Fulton County Area 
to Attainment of the 2008 Lead Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State of Ohio's request to revise the designation of, or 
``redesignate,'' the Fulton County nonattainment area (Fulton County) 
to attainment of the 2008 National Ambient Air Quality Standards (NAAQS 
or standard) for lead. EPA is also approving the maintenance plan and 
related elements of the redesignation. EPA is approving reasonably 
available control measure (RACM)/reasonably available control 
technology (RACT) measures and a comprehensive emissions inventory as 
meeting the Clean Air Act (CAA) requirements. EPA is taking these 
actions in accordance with the CAA and EPA's implementation regulations 
regarding the 2008 lead NAAQS.

DATES: This direct final rule will be effective December 18, 2017, 
unless EPA receives relevant adverse comments by November 17, 2017. If 
adverse comments are received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0256 at http://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: Matt Rau, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, [email protected].

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

I. Why is EPA concerned about lead?
II. What is the background for these actions?
III. What are the criteria for redesignation to attainment?
IV. What is EPA's analysis of Ohio's request?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. Why is EPA concerned about lead?

    Lead is a metal found naturally in the environment and present in 
some manufactured products. However, lead has serious public health 
effects and depending on the level of exposure can adversely affect the 
nervous system, kidney function, immune system, reproductive and 
developmental systems and the cardiovascular system. Infants and young 
children are especially sensitive to even low levels of lead, which may 
contribute to behavioral problems, learning deficits and lowered 
intelligence quotient. The major sources of lead for air 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 declined by 95 percent 
between 1980 and 1999, and levels of lead in the air decreased by 94 
percent between 1980 and 1999.

II. What is the background for these actions?

    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 three-month mean 
concentration for a three-year period. 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. A portion of Fulton 
County was designated as nonattainment for lead, specifically portions 
of Swan Creek and York Townships. 40 CFR 81.336.
    On April 27, 2017, Ohio requested EPA to designate the applicable 
Fulton County area as attainment of the lead NAAQS. Ohio documented 
that its request meets the redesignation criteria of CAA section 107.
    Ohio used the emissions inventory to find that there were no area, 
mobile, or nonroad sources of lead emissions that contributed to 
nonattainment. The Bunting Bearings LLC facility (Bunting) in the 
village of Delta is the only point source of lead emissions in the 
nonattainment area. Bunting manufactures continuous cast products in 
copper alloys, typically bronze, that contain lead. The lead component 
of the alloys is important as it allows for machining the bronze.

III. What are the criteria for redesignation to attainment?

    The requirements for redesignating an area from nonattainment to 
attainment are found in CAA section 107(d)(3)(E). There are five 
criteria for redesignating an area. First, the Administrator must 
determine that the area has attained the applicable NAAQS based on 
current air quality data. Second, the Administrator must have fully 
approved the applicable SIP for the area under CAA section 110(k). The 
third criterion is for the Administrator to determine that the air 
quality improvement is the result of permanent and enforceable emission 
reductions. Fourth, the Administrator must have fully approved a 
maintenance plan meeting the CAA section 175A requirements. The fifth 
criterion is that the state has met all of the applicable requirements 
of CAA section 110 and part D.

IV. What is EPA's analysis of Ohio's request?

A. Attainment Determination and Redesignation

1. The Area Has Attained the 2008 Lead NAAQS (Section 107(d)(3)(E)(i))
    On May 26, 2015, EPA determined that Fulton County has attained the 
2008 lead NAAQS. 80 FR 29964. EPA made its clean data determination 
based

[[Page 48443]]

upon complete, quality-assured and certified ambient air monitoring 
data for the 2012-2014 period. The Fulton County area attained the 2008 
lead NAAQS, with a design value of 0.09 [micro]g/m\3\ for 2012-2014, 
well below the 0.15 [micro]g/m\3\ standard.
    EPA has reviewed the current monitoring data for Fulton County, 
Ohio. The latest available monitoring data continue to show attainment 
of the 2008 lead NAAAQS. The 2014-2016 design value for the County is 
0.12 [micro]g/m\3\.
2. The Area Has Met All Applicable Requirements Under Section 110 and 
Part D and Has a Fully Approved SIP Under Section 110(k) (Section 
107(d)(3)(E)(ii) and (v))
    EPA has determined that Ohio has met all currently applicable SIP 
requirements for purposes of redesignation for the Fulton County area 
under section 110 of the CAA (general SIP requirements). In addition, 
with the exceptions of the RACM/RACT requirements under section 
172(c)(1) and the emissions inventory under section 172(c)(3), all 
applicable requirements of the Ohio SIP for purposes of redesignation 
have either been approved or have been suspended, by either a clean 
data determination or determination of attainment. EPA is also 
approving Ohio's 2013 emissions inventory as meeting the section 
172(c)(3) comprehensive emissions inventory requirement as well as 
approving the RACM provisions as meeting the section 172(c)(1) 
requirement. Thus, we are determining that Ohio's submission meets all 
SIP requirements currently applicable for purposes of redesignation 
under part D of title I of the CAA, in accordance with sections 
107(d)(3)(E)(ii) and 107(d)(3)(E)(v).
    In making these determinations, EPA has ascertained which SIP 
requirements are applicable for purposes of redesignation, and 
concluded that the Ohio SIP includes measures meeting those 
requirements and that they are fully approved under section 110(k) of 
the CAA. Further discussion of EPA's review of Ohio's submittal 
regarding these criteria follows.
a. Ohio Has Met All Applicable Requirements for Purposes of 
Redesignation of the Fulton County Area Under Section 110 and Part D of 
the CAA
i. Section 110 General SIP Requirements
    Section 110(a) of title I of the CAA contains the general 
requirements for a SIP. Section 110(a)(2) provides that the 
implementation plan submitted by a state must have been adopted by the 
state after reasonable public notice and hearing, and, among other 
things, must: (1) Include enforceable emission limitations and other 
control measures, means or techniques necessary to meet the 
requirements of the CAA; (2) provide for establishment and operation of 
appropriate devices, methods, systems, and procedures necessary to 
monitor ambient air quality; (3) provide for implementation of a source 
permit program to regulate the modification and construction of any 
stationary source within the areas covered by the plan; (4) include 
provisions for the implementation of part C, Prevention of Significant 
Deterioration (PSD) and part D, New Source Review (NSR) permit 
programs; (5) include criteria for stationary source emission control 
measures, monitoring, and reporting; (6) include provisions for air 
quality modeling; and (7) provide for public and local agency 
participation in planning and emission control rule development. 
Section 110(a)(2)(D) of the CAA requires that SIPs contain measures to 
prevent sources in a state from significantly contributing to air 
quality problems in another state.
    EPA interprets the ``applicable'' requirements for an area's 
redesignation to be those requirements linked with a particular area's 
nonattainment designation. Therefore, EPA believes that the section 110 
elements described above that are not connected with nonattainment plan 
submissions and not linked with an area's attainment status, such as 
the ``infrastructure SIP'' elements of section 110(a)(2), are not 
applicable requirements for purposes of redesignation. A state remains 
subject to these requirements after an area is redesignated to 
attainment, and thus EPA does not interpret such requirements to be 
relevant applicable requirements to evaluate in a redesignation. For 
example, the requirement to submit state plans addressing interstate 
transport obligations under section 110(a)(2)(D)(i)(I) continue to 
apply to a state regardless of the designation of any one particular 
area in the state, and thus are not applicable requirements to be 
evaluated in the redesignation context.
    EPA has applied this interpretation consistently in many 
redesignations over a period of decades. See e.g., 81 FR 44210 (July 7, 
2016) (final redesignation for the Sullivan County, Tennessee area); 79 
FR 43655 (July 28, 2014) (final redesignation for Bellefontaine, Ohio 
lead nonattainment area); 61 FR 53174-53176 (October 10, 1996) and 62 
FR 24826 (May 7, 1997) (proposed and final redesignation for Reading, 
Pennsylvania ozone nonattainment area); 61 FR 20458 (May 7, 1996) 
(final redesignation for Cleveland-Akron-Lorain, Ohio ozone 
nonattainment area); and 60 FR 62748 (December 7, 1995) (final 
redesignation of Tampa, Florida ozone nonattainment area). See also 65 
FR 37879, 37890 (June 19, 2000) (discussing this issue in final 
redesignation of Cincinnati, Ohio 1-hour ozone nonattainment area); 66 
FR 50399 (October 19, 2001) (final redesignation of Pittsburgh, 
Pennsylvania 1-hour ozone nonattainment area).
    EPA has reviewed the Ohio SIP and has determined that it meets the 
general SIP requirements under section 110 of the CAA to the extent the 
requirements are applicable for purposes of redesignation. EPA has 
previously approved provisions of Ohio's SIP addressing section 110 
requirements, including provisions addressing lead, at 40 CFR 52.1870.
    On October 12, 2011, and supplemented on June 7, 2013, Ohio 
submitted its infrastructure SIP elements for the 2008 lead NAAQS as 
required by CAA section 110(a)(2). EPA approved Ohio's infrastructure 
SIP requirements for the 2008 lead NAAQS on October 6, 2014. 79 FR 
60075. The requirements of section 110(a)(2) are statewide requirements 
that are not linked to the lead nonattainment status of the Fulton 
County area or Ohio's redesignation request.
ii. Part D Requirements
    EPA has determined that upon approval of the base year emissions 
inventories and RACM provisions discussed in this rulemaking, the Ohio 
SIP will meet the applicable SIP requirements for the Fulton County 
area applicable for purposes of redesignation under part D of the CAA. 
Subpart 1 of part D sets forth the basic nonattainment requirements 
applicable to all nonattainment areas.
(1) Section 172 Requirements
    Section 172(c) sets out general nonattainment plan requirements. A 
thorough discussion of these requirements can be found in the General 
Preamble for Implementation of Title I (57 FR 13498, April 16, 1992) 
(``General Preamble''). EPA's longstanding interpretation of the 
nonattainment planning requirements of section 172 is that once an area 
is attaining the NAAQS, those requirements are not ``applicable'' for 
purposes of CAA section 107(d)(3)(E)(ii) and therefore need not be 
approved into the SIP before EPA can redesignate the area. In the 
General Preamble, EPA set forth its interpretation of applicable

[[Page 48444]]

requirements for purposes of evaluating redesignation requests when an 
area is attaining a standard. 57 FR 13564. EPA noted that the 
requirements for reasonable further progress (RFP) and other measures 
designed to provide for an area's attainment do not apply in evaluating 
redesignation requests because those nonattainment planning 
requirements ``have no meaning'' for an area that has already attained 
the standard. Id. This interpretation was also set forth in the 
September 4, 1992, Processing Requests to Redesignate Areas to 
Attainment: Policy Memorandum (Calcagni Memorandum).
    EPA's understanding of section 172 also forms the basis of its 
Clean Data Policy. Under the Clean Data Policy, EPA promulgates a 
determination of attainment, published in the Federal Register and 
subject to notice-and-comment rulemaking, and this determination 
formally suspends a state's obligation to submit most of the attainment 
planning requirements that would otherwise apply, including an 
attainment demonstration and planning SIPs to provide for RFP, RACM, 
and contingency measures under section 172(c)(9). The Clean Data Policy 
has been codified in regulations regarding the implementation of the 
ozone and fine particulate matter NAAQS. 70 FR 71612 (November 29, 
2005) and 72 FR 20586 (April 25, 2007). The Clean Data Policy has also 
been specifically applied in a number of lead nonattainment areas where 
EPA has determined that the area is attaining the lead NAAQS. 79 FR 
46212 (August 7, 2014) (proposed determination of attainment of Lyons, 
Pennsylvania lead nonattainment area); 80 FR 51127 (determination of 
attainment of Eagan, Minnesota lead nonattainment area). EPA finalized 
a Clean Data Determination under this policy for the Fulton County lead 
nonattainment area on May 26, 2015. 80 FR 29964.
    EPA's long-standing interpretation regarding the applicability of 
section 172(c) attainment planning requirements for an area that is 
attaining a NAAQS applies in this redesignation of the Fulton County 
lead nonattainment area as well, except for the applicability of the 
requirement to implement all reasonably available control measures 
under section 172(c)(1). On July 14, 2015, the United States Court of 
Appeals for the Sixth Circuit (6th Circuit) ruled that to meet the 
requirement of section 107(d)(3)(E)(ii), states are required to submit 
plans addressing RACM/RACT under section 172(c)(1) and EPA is required 
to approve those plans prior to redesignating the area, regardless of 
whether the area is attaining the standard. Sierra Club v. EPA, 793 
F.3d 656 (6th Cir. 2015). As Ohio is within the jurisdiction of the 6th 
Circuit, EPA is acting in accordance with the Sierra Club decision by 
approving RACM provisions in parallel with this redesignation 
action.\1\
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    \1\ Although the approach being implemented here is inconsistent 
with the Agency's longstanding national policy, such deviation is 
required in order to act in accordance with an applicable Circuit 
Court decision. Consistent with 40 CFR 56.5(b), the Region does not 
need to seek concurrence from EPA Headquarters for such deviation in 
these circumstances. 81 FR 51102 (August 3, 2016).
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    Section 172(c)(1) requires the plans for all nonattainment areas to 
provide for the implementation of all RACM as expeditiously as 
practicable and to provide for attainment of the primary NAAQS. Under 
this requirement, a state must consider all available control measures, 
including reductions that area available from adopting RACT on existing 
sources, for a nonattainment area and adopt and implement such measures 
as are reasonably available in the area as components of the area's 
attainment demonstration. EPA is today approving Ohio's RACM 
submission. Therefore, Ohio has met its requirements under CAA sections 
172(c)(1) and 107(d)(3)(E)(v).
    The remaining section 172(c) ``attainment planning'' requirements 
are not applicable for purposes of evaluating Ohio's redesignation 
request. Specifically, the RFP requirement under section 172(c)(2), 
which is defined as progress that must be made toward attainment, the 
requirement to submit section 172(c)(9) contingency measures, which are 
measures to be taken if the area fails to make reasonable further 
progress to attainment, and the section 172(c)(6) requirement that the 
SIP contain control measures necessary to provide for attainment of the 
standard, are not applicable requirements that Ohio must meet here 
because the Fulton County area has monitored attainment of the 2008 
lead NAAQS. As noted, EPA issued a determination of attainment (or 
clean data determination) for the Fulton County area in May 2015, which 
formally suspended the obligation to submit any of the attainment 
planning SIPs. 80 FR 29964 (May 26, 2015).
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate, and current inventory of actual emissions. 
Ohio submitted 2008 and 2013 emission inventories with its 
redesignation request. The 2013 inventory can be used as the most 
accurate and current inventory. As discussed in section III.B., EPA is 
approving the 2013 base year inventory as meeting the section 172(c)(3) 
emissions inventory requirement for the Fulton County area.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources in an 
area, and section 172(c)(5) requires source permits for the 
construction and operation of new and modified major stationary sources 
anywhere in the nonattainment area. EPA approved Ohio's current NSR 
program January 10, 2003. 68 FR 1366. In addition, the state's 
maintenance plan does not rely on nonattainment NSR, therefore having a 
fully approved NSR program is not an applicable requirement, but, 
nonetheless, EPA has approved the state's program.\2\
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    \2\ A detailed rationale for this view is described in a 
memorandum from Mary Nichols, Assistant Administrator for Air and 
Radiation, dated October 14, 1994, entitled, ``Part D New Source 
Review Requirements for Areas Requesting Redesignation to 
Attainment.''
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    Section 172(c)(6) requires the SIP to contain control measures 
necessary to provide for attainment of the standard. No additional 
measures are needed to provide for attainment because attainment has 
been reached.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). EPA has determined that the Ohio SIP 
meets the section 110(a)(2) applicable requirements for purposes of 
redesignation.
(2) Section 176 Conformity Requirements
    CAA section 176(c) requires states to establish criteria and 
procedures to ensure that Federally-supported or funded activities, 
including highway and transit projects, conform to the air quality 
planning goals in the applicable SIPs. The requirement to determine 
conformity applies to transportation plans, programs and projects 
developed, funded or approved under title 23 of the U.S. Code and the 
Federal Transit Act (transportation conformity) as well as to all other 
Federally-supported or funded projects (general conformity). 
Considering the elimination of lead additives in gasoline, 
transportation conformity does not apply to the lead NAAQS. 73 FR 
66964, 67043 n.120. EPA approved Ohio's general conformity SIP on March 
11, 1996. 61 FR 9646.
b. Ohio Has a Fully Approved Applicable SIP Under Section 110(k) of the 
CAA
    Upon final approval of Ohio's comprehensive 2013 emissions 
inventories and approval of RACM for

[[Page 48445]]

the Fulton County lead area, EPA will have fully approved the Ohio SIP 
for the Fulton County area under section 110(k) of the CAA for all 
requirements applicable for purposes of redesignation, in accordance 
with section 107(d)(3)(E)(ii). EPA may rely on prior SIP approvals in 
approving a redesignation request (See page 3 of the September 4, 1992, 
Processing Requests to Redesignate Areas to Attainment: Policy 
Memorandum (Calcagni memorandum)); Southwestern Pennsylvania Growth 
Alliance v. Browner, 144 F.3d 984, 989-990 (6th Cir. 1998); Wall v. 
EPA, 265 F.3d 426 (6th Cir. 2001)). EPA also relies on measures 
approved in conjunction with a redesignation action. See 68 FR 25413 
(May 12, 2003) (approving I/M program for St. Louis) and 68 FR 25413, 
25426 (May 12, 2003). Ohio has adopted and submitted, and EPA has fully 
approved, required SIP provisions addressing the 2008 lead standards. 
Of the CAA requirements applicable to this redesignation request only 
two remain applicable, the emissions inventory requirement of section 
172(c)(3) and the RACM requirement of section 172(c)(1).
    EPA is approving Ohio's 2013 emissions inventories for the Fulton 
County area as meeting the requirement of section 172(c)(3) of the CAA, 
and approving RACM provisions meeting the requirement of 172(c)(1). No 
SIP provisions are currently disapproved, conditionally approved, or 
partially approved in the Fulton County area under section 110(k) in 
accordance with section 107(d)(3)(E)(ii).
3. The Improvement in Air Quality Is Due to Permanent and Enforceable 
Reductions in Emissions Resulting From Implementation of the SIPs and 
Applicable Federal Air Pollution Control Regulations and Other 
Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii))
    To support the revision of an area's designation from nonattainment 
to attainment, CAA section 107(d)(3)(E)(iii) requires EPA to determine 
that the air quality improvement in the area is due to permanent and 
enforceable reductions in emissions. Permanent and enforceable emission 
reductions result from the implementation of the SIP and applicable 
Federal air pollution control regulations and other permanent and 
enforceable emission reductions.
    Bunting is the lone source of lead emissions in the Fulton County 
nonattainment area. Ohio implemented a preventative maintenance plan 
(PMP) for Bunting. The PMP specifies the required inspections to be 
performed, requires continuous operation of a fabric filter bag leak 
detection system, and specifies the correct actions Bunting is to take 
following an inspection suggesting a leak or an alarm of the leak 
detection system. The PMP was implemented to correct control equipment 
malfunctions and poor housekeeping that caused additional lead 
emissions from the Bunting facility. Ohio incorporated the PMP 
requirements into the Air Pollution Permits-to-install and operate 
P0121822, P0120836, and P0121942 issued to Bunting on February 28, 
2017. Those permits are permanent and Federally enforceable.
4. Ohio Has a Fully Approved Maintenance Plan Pursuant to Section 175A 
of the CAA (Section 107(d)(3)(E)(iv))
    In conjunction with its request to redesignate the Fulton County 
nonattainment area to attainment, Ohio requested a SIP revision to 
provide for maintenance of the 2008 lead NAAQS in the area through 
2030.
a. What is required in a maintenance plan?
    The required elements of a maintenance plan for areas seeking 
redesignation from nonattainment to attainment are contained in section 
175A of the CAA. Section 175A requires a state seeking redesignation to 
attainment to submit a SIP revision to provide for the maintenance of 
the NAAQS in the area ``for at least 10 years after the 
redesignation''. EPA has interpreted this as a showing of maintenance 
``for a period of ten years following redesignation''. Calcagni 
memorandum at 9. Eight years after redesignation, the state must submit 
a revised maintenance plan which demonstrates that attainment will 
continue to be maintained for the subsequent 10 years.
    To address the possibility of future NAAQS violations, the 
maintenance plan must contain contingency measures with a schedule for 
implementation as EPA deems necessary to assure prompt correction of 
any future lead violations.
    The Calcagni memorandum provides additional guidance on the content 
of a maintenance plan. The memorandum states that a maintenance plan 
should address the following items: The attainment emissions inventory, 
a maintenance demonstration showing maintenance for the 10 years of the 
maintenance period, a commitment to maintain the existing monitoring 
network, factors and procedures to be used for verification of 
continued attainment of the NAAQS, and a contingency plan to prevent or 
correct future violations of the NAAQS.
    Ohio's maintenance plan shows that the Fulton County area's 
emissions will remain below the attainment year levels through 2030.
b. Attainment Inventory
    Ohio provided lead emissions inventories for the nonattainment year 
(2008), the attainment year (2013), an interim year (2021), and a 
future year (2030). The lead emissions in tons per year (TPY) for 
Fulton County, Ohio are listed in Table 1.

               Table 1--Fulton County, Ohio Lead Emissions
------------------------------------------------------------------------
 
------------------------------------------------------------------------
2008.............  0.0050 TPY................  nonattainment year.
2013.............  0.0035 TPY................  attainment year.
2021.............  0.00315 TPY...............  future year (interim).
2030.............  0.00284 TPY...............  future year
                                                (maintenance).
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c. Demonstration of Maintenance
    Ohio included a section 175(A) maintenance plan in its submission. 
In the plan, Ohio has provided both an emissions inventory and air 
dispersion modeling of the emission limits resulting from the PMP to 
demonstrate that the area is expected to maintain the standard into the 
future. Where the emissions inventory method of showing maintenance is 
used, its purpose is to show that emissions during the maintenance 
period will not increase over the attainment year inventory. Calcagni 
memorandum at 9-10. A maintenance demonstration need not be based on 
modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v. 
EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 FR 53094, 53099-53100 
(October 19, 2001), 68 FR 25413, 25430-25432 (May 12, 2003).
    The plan demonstrates maintenance of the 2008 lead standard through 
2030 by showing that current and future emissions of lead in the area 
remain at or below attainment year emission levels. In addition, the 
area can show modeled attainment of the NAAQS. The emissions inventory 
comparison showing the decline in emissions between 2013 and 2030 
indicates maintenance. The modeling Ohio conducted also supports the 
conclusion that the Fulton County area will maintain attainment into 
the future.
    A summary of the air dispersion modeling for Bunting was included 
in Ohio's submission. The modeling evaluated the PMP measures including 
the emission limits from Air Pollution Permits-to-install and operate 
P0108083, P0121822, P0120836, and P0121942. Ohio used the American 
Meteorology

[[Page 48446]]

Society/Environmental Protection Agency Regulatory Model, known as 
AERMOD. That analysis yielded a maximum impact of 0.12 [micro]g/m\3\, 
which is below the 2008 lead NAAQS of 0.15 [micro]g/m\3\. This modeling 
analysis is valid for the Fulton County redesignation because the 
Bunting control measures are responsible for the emission reductions 
that brought the area into attainment.
    Ohio's maintenance plan submission shows that the Fulton County 
area's lead emissions will remain below the attainment year inventories 
through 2030. See Table 1. The reductions in lead emissions in the 
Fulton County area result from the permanent and enforceable control 
measures for Bunting, the lone lead source in the area. Monitoring data 
show that the Fulton County area ambient lead concentrations have 
remained below the NAAQS since the PMP was applied to Bunting. Because 
of the control measures implemented, it is reasonable to expect the 
emissions to remain at a level that meets the standard. Thus, it is 
reasonable to expect the Fulton County area will continue to attain the 
2008 lead NAAQS through 2030. EPA has determined that Ohio's submission 
demonstrates that the area will continue to maintain the 2008 lead 
NAAQS at least through 2030. In addition, the air dispersion modeling 
indicates that with the permitted emission limitation implemented the 
Fulton County area ambient lead concentration will be below the 2008 
lead NAAQS. Based on the showing, in accordance with section 175A, that 
the Ohio's maintenance plan provides for maintenance for at least 10 
years after redesignation, EPA is approving the redesignation request 
and maintenance plans.
d. Monitoring Network
    Ohio has committed to monitor ambient lead levels in the Fulton 
County area during the maintenance period to confirm continued 
maintenance of the 2008 lead NAAQS, and to continue to operate an 
adequate monitoring network. EPA has determined that the Fulton County, 
Ohio area lead monitoring network is adequate to confirm maintenance.
e. Verification of Continued Attainment
    Ohio will also continue to enter its air monitoring data into the 
Air Quality System in accordance with Federal guidelines. It will also 
submit periodic emissions inventories to EPA as required by the Federal 
Consolidated Emissions Reporting Rule. 67 FR 39602, June 10, 2002. Both 
actions will help to verify continued attainment of the NAAQS in 
accordance with 40 CFR part 58.
f. Contingency Plan
    The contingency plan provisions are designed to promptly correct or 
prevent a violation of the NAAQS that might occur after redesignation 
of an area to attainment. CAA section 175A requires that the 
maintenance plan include such contingency measures. The maintenance 
plan should identify the contingency measures to be adopted, a schedule 
and procedure for adoption and implementation of the contingency 
measures, and a time limit for action by the state. The state should 
also identify specific indicators to be used to determine when the 
contingency measures need to be adopted and implemented. The 
maintenance plan must include a requirement that the state will 
implement all pollution control measures that were contained in the SIP 
before redesignation of the area to attainment. Section 175A(d) of the 
CAA.
    Ohio's contingency plan defines a warning level and action level 
response. The warning level response will trigger when a lead monitor 
three-month rolling average exceeds 0.135 [micro]g/m\3\ in the 
maintenance area. If a warning level response is triggered, Ohio will 
conduct a study to determine whether the lead values indicate a trend 
toward exceeding the standard and what control measure would be 
necessary to reverse the trend within 12 months of the conclusion of 
the calendar year. The action level response will be prompted by the 
determination of the warning level study that a reverse of the trend is 
needed, or by the three-month rolling average exceeding 0.143 [micro]g/
m\3\. The action level response will require Ohio to work with the 
entity found to be responsible for the ambient concentration to 
evaluate and implement the needed control measures to bring the area 
into attainment within 18 months of the conclusion of the calendar year 
that triggered the response.
    Should the 2008 lead NAAQS be violated during the maintenance 
period, Ohio will implement one or more contingency measures. The 
contingency measures will be considered based on the cause of the 
elevated lead levels. Potential measures include improvements to 
existing control devices, the addition of a secondary control device, 
and improvements to housekeeping and maintenance.
    EPA has determined that Ohio's maintenance plan adequately 
addresses the five basic components of a maintenance plan: Attainment 
inventory, maintenance demonstration, monitoring network, verification 
of continued attainment, and a contingency plan.
    As required by section 175A(b) of the CAA, Ohio commits to submit 
to the EPA an updated lead maintenance plan eight years after 
redesignation of the Fulton County area to cover an additional ten-year 
period beyond the initial ten-year maintenance period.
    For the reasons set forth above, EPA is approving Ohio's 2008 lead 
maintenance plan for the Fulton County area as meeting the requirements 
of CAA section 175A.

B. Comprehensive Emissions Inventory

    Section 172(c)(3) of the CAA requires areas to submit a 
comprehensive, accurate, and current emissions inventory. Ohio provided 
such an inventory in its submission.
    Ohio identified Bunting as the lone source of lead emissions in the 
Fulton County nonattainment area. Thus, the emissions from Bunting 
represent the emissions of the Fulton County area. In 2013, the lead 
emissions were 0.0035 TPY. See Table 1.
    EPA approves the lead emissions inventories submitted by Ohio in 
April 2017 as fully meeting the comprehensive inventory requirement of 
section 172(c)(3) of the CAA for the Fulton County area for the 2008 
lead NAAQS.

C. RACM Requirements

    Based on the 6th Circuit decision discussed above, EPA requires 
areas in the jurisdiction of the 6th Circuit to have approved RACM/RACT 
provisions in order to be redesignated. Ohio performed a RACM analysis 
for Bunting. EPA is approving the existing controls and maintenance 
provisions for Bunting as fulfilling this requirement. Bunting has 
combined limits in Federally enforceable permits for the units 
controlled by each of its three baghouses. Baghouse A has a combined 
limit of 0.150 pound lead per hour (lb/hr) for the exhaust of units 
P006 to P011, P013, P020 to P025, P029 to P032, P035, and P036. 
Baghouse B has a combined limit of 0.150 lb/hr for units P014 to P019 
and P028. Baghouse C has a combined limit of 0.075 lb/hr for unit P005. 
The current controls and PMP have brought the area into attainment and 
constitute RACM, which meets the requirement of CAA section 172(c)(1).

V. What action is EPA taking?

    EPA has determined that the Fulton County area is attaining the 
2008 lead NAAQS and that the area has met the requirements for 
redesignation under

[[Page 48447]]

section 107(d)(3)(E) of the CAA. EPA is thus approving the request from 
Ohio to change the legal designation of the Fulton County area from 
nonattainment to attainment for the 2008 lead standard. EPA is 
approving Ohio's maintenance plan for the Fulton County area as a 
revision to the Ohio SIP because we have determined that the plan meets 
the requirements of section 175A of the CAA. EPA is approving the 
emission controls in Air Pollution Permits-to-install and operate 
P0108083, P0121822, P0120836, and P0121942 as meeting the RACM/RACT 
requirements of CAA section 172(c)(1). EPA is approving the 2013 
emissions inventory as meeting the comprehensive emissions inventory 
requirements of section 172(c)(3) of the CAA. EPA is taking these 
actions in accordance with the CAA and EPA's implementation regulations 
regarding the 2008 lead NAAQS.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no 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 state plan if relevant adverse 
written comments are filed. This rule will be effective December 18, 
2017 without further notice unless we receive relevant adverse written 
comments by November 17, 2017. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. Public 
comments will then be addressed in a subsequent final rule based on the 
proposed action. EPA will not institute a second comment period. Any 
parties interested in commenting on this action should do so at this 
time. Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment. If we do 
not receive any comments, this action will be effective December 18, 
2017.

VI. Statutory and Executive Order Reviews

    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 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 Clean Air Act; 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. 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).
    Under section 307(b)(1) of the Clean Air Act, 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 today's 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. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Designations and classifications, 
Intergovernmental relations, Lead, Reporting and recordkeeping 
requirements.

    Dated: September 28, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    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.


[[Page 48448]]



0
2. In Sec.  52.1870 the table in paragraph (e) is amended by adding a 
new entry for ``Lead (2008)'' under sub-heading ``Summary of Criteria 
Pollutant Maintenance Plan'' to read as follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (e) * * *

                         EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                Applicable
          Title            geographical or non-    State date        EPA approval               Comments
                              attainment area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Lead (2008)..............  Delta (partial             4/27/2017  10/18/2017, [insert   Includes approval of the
                            Fulton County).                       Federal Register      2013 lead base year
                                                                  citation].            emissions inventory and
                                                                                        Preventative Maintenance
                                                                                        Plan as RACM for the
                                                                                        Bunting Bearing LLC
                                                                                        Delta facility.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.1893 is amended by adding new paragraphs (f), (g) and (h) 
to read as follows:


Sec.  52.1893  Control strategy: Lead (Pb).

* * * * *
    (f) Ohio's 2013 lead emissions inventory for the Fulton County 
area, submitted on April 27, 2017, to meet the emission inventory 
requirements of section 172(c)(3) of the Clean Air Act for the Fulton 
County area.
    (g) Approval--The 2008 lead maintenance plan for the Fulton County, 
Ohio nonattainment area, submitted on April 27, 2017.
    (h) Existing controls and maintenance provisions in the Air 
Pollution Permits-to-install and operate P0108083, P0121822, P0120836, 
and P0121942 for the Bunting Bearing LLC Delta facility including the 
preventative maintenance plan as fulfilling the RACM/RACT 172(c)(1) 
requirement. Permits P0120836, P0121822, and P0121942, all issued 
February 28, 2017, require a combined limit of 0.150 pounds lead per 
hour for the exhaust of units P006 to P011, P013, P020 to P025, P029 to 
P032, P035, and P036. Permit P0108083, issued October 29, 2012, 
requires a combined limit of 0.150 pounds lead per hour for units P014 
to P019 and P028 and a combined limit of 0.075 lb/hr for unit P005.

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

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

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

0
5. Section 81.336 is amended by revising the entry for Delta, OH in the 
table entitled ``Ohio--2008 Lead NAAQS'' to read as follows:


Sec.  81.336  Ohio.

* * * * *

                          Ohio--2008 Lead NAAQS
------------------------------------------------------------------------
                                    Designation for the 2008 NAAQS \a\
        Designated area         ----------------------------------------
                                    Date \1\               Type
------------------------------------------------------------------------
 
                              * * * * * * *
Delta, OH:
    Fulton County (part).......      10/18/2017  Attainment.
        The portions of Fulton
         County that are
         bounded by: sections
         12 and 13 of York
         Township and sections
         7 and 18 of Swan Creek
         Township.
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ December 31, 2011, unless otherwise noted.

[FR Doc. 2017-22495 Filed 10-17-17; 8:45 am]
 BILLING CODE 6560-50-P



                                             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
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                                             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


                                        VerDate Sep<11>2014    16:09 Oct 17, 2017   Jkt 244001   PO 00000   Frm 00054   Fmt 4700   Sfmt 4700   E:\FR\FM\18OCR1.SGM   18OCR1


                                                              Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations                                      48443

                                             upon complete, quality-assured and                       implementation plan submitted by a                    redesignation for Reading, Pennsylvania
                                             certified ambient air monitoring data for                state must have been adopted by the                   ozone nonattainment area); 61 FR 20458
                                             the 2012–2014 period. The Fulton                         state after reasonable public notice and              (May 7, 1996) (final redesignation for
                                             County area attained the 2008 lead                       hearing, and, among other things, must:               Cleveland-Akron-Lorain, Ohio ozone
                                             NAAQS, with a design value of 0.09 mg/                   (1) Include enforceable emission                      nonattainment area); and 60 FR 62748
                                             m3 for 2012–2014, well below the 0.15                    limitations and other control measures,               (December 7, 1995) (final redesignation
                                             mg/m3 standard.                                          means or techniques necessary to meet                 of Tampa, Florida ozone nonattainment
                                               EPA has reviewed the current                           the requirements of the CAA; (2)                      area). See also 65 FR 37879, 37890 (June
                                             monitoring data for Fulton County,                       provide for establishment and operation               19, 2000) (discussing this issue in final
                                             Ohio. The latest available monitoring                    of appropriate devices, methods,                      redesignation of Cincinnati, Ohio 1-hour
                                             data continue to show attainment of the                  systems, and procedures necessary to                  ozone nonattainment area); 66 FR 50399
                                             2008 lead NAAAQS. The 2014–2016                          monitor ambient air quality; (3) provide              (October 19, 2001) (final redesignation
                                             design value for the County is 0.12 mg/                  for implementation of a source permit                 of Pittsburgh, Pennsylvania 1-hour
                                             m3.                                                      program to regulate the modification                  ozone nonattainment area).
                                                                                                      and construction of any stationary                       EPA has reviewed the Ohio SIP and
                                             2. The Area Has Met All Applicable                       source within the areas covered by the                has determined that it meets the general
                                             Requirements Under Section 110 and                       plan; (4) include provisions for the                  SIP requirements under section 110 of
                                             Part D and Has a Fully Approved SIP                      implementation of part C, Prevention of               the CAA to the extent the requirements
                                             Under Section 110(k) (Section                            Significant Deterioration (PSD) and part              are applicable for purposes of
                                             107(d)(3)(E)(ii) and (v))                                D, New Source Review (NSR) permit                     redesignation. EPA has previously
                                               EPA has determined that Ohio has                       programs; (5) include criteria for                    approved provisions of Ohio’s SIP
                                             met all currently applicable SIP                         stationary source emission control                    addressing section 110 requirements,
                                             requirements for purposes of                             measures, monitoring, and reporting; (6)              including provisions addressing lead, at
                                             redesignation for the Fulton County area                 include provisions for air quality                    40 CFR 52.1870.
                                             under section 110 of the CAA (general                    modeling; and (7) provide for public                     On October 12, 2011, and
                                             SIP requirements). In addition, with the                 and local agency participation in                     supplemented on June 7, 2013, Ohio
                                             exceptions of the RACM/RACT                              planning and emission control rule                    submitted its infrastructure SIP
                                             requirements under section 172(c)(1)                     development. Section 110(a)(2)(D) of the              elements for the 2008 lead NAAQS as
                                             and the emissions inventory under                        CAA requires that SIPs contain                        required by CAA section 110(a)(2). EPA
                                             section 172(c)(3), all applicable                        measures to prevent sources in a state                approved Ohio’s infrastructure SIP
                                             requirements of the Ohio SIP for                         from significantly contributing to air                requirements for the 2008 lead NAAQS
                                             purposes of redesignation have either                    quality problems in another state.                    on October 6, 2014. 79 FR 60075. The
                                             been approved or have been suspended,                       EPA interprets the ‘‘applicable’’                  requirements of section 110(a)(2) are
                                             by either a clean data determination or                  requirements for an area’s redesignation              statewide requirements that are not
                                             determination of attainment. EPA is also                 to be those requirements linked with a                linked to the lead nonattainment status
                                             approving Ohio’s 2013 emissions                          particular area’s nonattainment                       of the Fulton County area or Ohio’s
                                             inventory as meeting the section                         designation. Therefore, EPA believes                  redesignation request.
                                             172(c)(3) comprehensive emissions                        that the section 110 elements described
                                                                                                                                                            ii. Part D Requirements
                                             inventory requirement as well as                         above that are not connected with
                                                                                                      nonattainment plan submissions and                       EPA has determined that upon
                                             approving the RACM provisions as
                                                                                                      not linked with an area’s attainment                  approval of the base year emissions
                                             meeting the section 172(c)(1)
                                                                                                      status, such as the ‘‘infrastructure SIP’’            inventories and RACM provisions
                                             requirement. Thus, we are determining
                                                                                                      elements of section 110(a)(2), are not                discussed in this rulemaking, the Ohio
                                             that Ohio’s submission meets all SIP
                                                                                                      applicable requirements for purposes of               SIP will meet the applicable SIP
                                             requirements currently applicable for
                                                                                                      redesignation. A state remains subject to             requirements for the Fulton County area
                                             purposes of redesignation under part D
                                                                                                      these requirements after an area is                   applicable for purposes of redesignation
                                             of title I of the CAA, in accordance with
                                                                                                      redesignated to attainment, and thus                  under part D of the CAA. Subpart 1 of
                                             sections 107(d)(3)(E)(ii) and
                                                                                                      EPA does not interpret such                           part D sets forth the basic nonattainment
                                             107(d)(3)(E)(v).
                                                                                                      requirements to be relevant applicable                requirements applicable to all
                                               In making these determinations, EPA
                                                                                                      requirements to evaluate in a                         nonattainment areas.
                                             has ascertained which SIP requirements
                                                                                                      redesignation. For example, the                       (1) Section 172 Requirements
                                             are applicable for purposes of
                                                                                                      requirement to submit state plans
                                             redesignation, and concluded that the                                                                             Section 172(c) sets out general
                                                                                                      addressing interstate transport
                                             Ohio SIP includes measures meeting                                                                             nonattainment plan requirements. A
                                                                                                      obligations under section
                                             those requirements and that they are                                                                           thorough discussion of these
                                                                                                      110(a)(2)(D)(i)(I) continue to apply to a
                                             fully approved under section 110(k) of                                                                         requirements can be found in the
                                                                                                      state regardless of the designation of any
                                             the CAA. Further discussion of EPA’s                                                                           General Preamble for Implementation of
                                                                                                      one particular area in the state, and thus
                                             review of Ohio’s submittal regarding                                                                           Title I (57 FR 13498, April 16, 1992)
                                                                                                      are not applicable requirements to be
                                             these criteria follows.                                                                                        (‘‘General Preamble’’). EPA’s
                                                                                                      evaluated in the redesignation context.
                                             a. Ohio Has Met All Applicable                              EPA has applied this interpretation                longstanding interpretation of the
                                             Requirements for Purposes of                             consistently in many redesignations                   nonattainment planning requirements of
                                             Redesignation of the Fulton County                       over a period of decades. See e.g., 81 FR             section 172 is that once an area is
                                                                                                                                                            attaining the NAAQS, those
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                                             Area Under Section 110 and Part D of                     44210 (July 7, 2016) (final redesignation
                                             the CAA                                                  for the Sullivan County, Tennessee                    requirements are not ‘‘applicable’’ for
                                                                                                      area); 79 FR 43655 (July 28, 2014) (final             purposes of CAA section 107(d)(3)(E)(ii)
                                             i. Section 110 General SIP Requirements                  redesignation for Bellefontaine, Ohio                 and therefore need not be approved into
                                               Section 110(a) of title I of the CAA                   lead nonattainment area); 61 FR 53174–                the SIP before EPA can redesignate the
                                             contains the general requirements for a                  53176 (October 10, 1996) and 62 FR                    area. In the General Preamble, EPA set
                                             SIP. Section 110(a)(2) provides that the                 24826 (May 7, 1997) (proposed and final               forth its interpretation of applicable


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                                             48444            Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations

                                             requirements for purposes of evaluating                  whether the area is attaining the                      as meeting the section 172(c)(3)
                                             redesignation requests when an area is                   standard. Sierra Club v. EPA, 793 F.3d                 emissions inventory requirement for the
                                             attaining a standard. 57 FR 13564. EPA                   656 (6th Cir. 2015). As Ohio is within                 Fulton County area.
                                             noted that the requirements for                          the jurisdiction of the 6th Circuit, EPA                  Section 172(c)(4) requires the
                                             reasonable further progress (RFP) and                    is acting in accordance with the Sierra                identification and quantification of
                                             other measures designed to provide for                   Club decision by approving RACM                        allowable emissions for major new and
                                             an area’s attainment do not apply in                     provisions in parallel with this                       modified stationary sources in an area,
                                             evaluating redesignation requests                        redesignation action.1                                 and section 172(c)(5) requires source
                                             because those nonattainment planning                        Section 172(c)(1) requires the plans                permits for the construction and
                                             requirements ‘‘have no meaning’’ for an                  for all nonattainment areas to provide                 operation of new and modified major
                                             area that has already attained the                       for the implementation of all RACM as                  stationary sources anywhere in the
                                             standard. Id. This interpretation was                    expeditiously as practicable and to                    nonattainment area. EPA approved
                                             also set forth in the September 4, 1992,                 provide for attainment of the primary                  Ohio’s current NSR program January 10,
                                             Processing Requests to Redesignate                       NAAQS. Under this requirement, a state                 2003. 68 FR 1366. In addition, the
                                             Areas to Attainment: Policy                              must consider all available control                    state’s maintenance plan does not rely
                                             Memorandum (Calcagni Memorandum).                        measures, including reductions that area               on nonattainment NSR, therefore having
                                                EPA’s understanding of section 172                    available from adopting RACT on                        a fully approved NSR program is not an
                                             also forms the basis of its Clean Data                   existing sources, for a nonattainment                  applicable requirement, but,
                                             Policy. Under the Clean Data Policy,                     area and adopt and implement such                      nonetheless, EPA has approved the
                                             EPA promulgates a determination of                       measures as are reasonably available in                state’s program.2
                                             attainment, published in the Federal                     the area as components of the area’s                      Section 172(c)(6) requires the SIP to
                                             Register and subject to notice-and-                      attainment demonstration. EPA is today                 contain control measures necessary to
                                             comment rulemaking, and this                             approving Ohio’s RACM submission.                      provide for attainment of the standard.
                                             determination formally suspends a                        Therefore, Ohio has met its                            No additional measures are needed to
                                             state’s obligation to submit most of the                 requirements under CAA sections                        provide for attainment because
                                             attainment planning requirements that                    172(c)(1) and 107(d)(3)(E)(v).                         attainment has been reached.
                                             would otherwise apply, including an                         The remaining section 172(c)                           Section 172(c)(7) requires the SIP to
                                             attainment demonstration and planning                    ‘‘attainment planning’’ requirements are               meet the applicable provisions of
                                             SIPs to provide for RFP, RACM, and                       not applicable for purposes of                         section 110(a)(2). EPA has determined
                                             contingency measures under section                       evaluating Ohio’s redesignation request.               that the Ohio SIP meets the section
                                             172(c)(9). The Clean Data Policy has                     Specifically, the RFP requirement under                110(a)(2) applicable requirements for
                                             been codified in regulations regarding                   section 172(c)(2), which is defined as                 purposes of redesignation.
                                             the implementation of the ozone and                      progress that must be made toward                      (2) Section 176 Conformity
                                             fine particulate matter NAAQS. 70 FR                     attainment, the requirement to submit                  Requirements
                                             71612 (November 29, 2005) and 72 FR                      section 172(c)(9) contingency measures,
                                             20586 (April 25, 2007). The Clean Data                   which are measures to be taken if the                     CAA section 176(c) requires states to
                                             Policy has also been specifically applied                area fails to make reasonable further                  establish criteria and procedures to
                                             in a number of lead nonattainment areas                  progress to attainment, and the section                ensure that Federally-supported or
                                             where EPA has determined that the area                   172(c)(6) requirement that the SIP                     funded activities, including highway
                                             is attaining the lead NAAQS. 79 FR                       contain control measures necessary to                  and transit projects, conform to the air
                                             46212 (August 7, 2014) (proposed                         provide for attainment of the standard,                quality planning goals in the applicable
                                             determination of attainment of Lyons,                    are not applicable requirements that                   SIPs. The requirement to determine
                                             Pennsylvania lead nonattainment area);                   Ohio must meet here because the Fulton                 conformity applies to transportation
                                             80 FR 51127 (determination of                            County area has monitored attainment                   plans, programs and projects developed,
                                             attainment of Eagan, Minnesota lead                      of the 2008 lead NAAQS. As noted, EPA                  funded or approved under title 23 of the
                                             nonattainment area). EPA finalized a                     issued a determination of attainment (or               U.S. Code and the Federal Transit Act
                                             Clean Data Determination under this                      clean data determination) for the Fulton               (transportation conformity) as well as to
                                             policy for the Fulton County lead                        County area in May 2015, which                         all other Federally-supported or funded
                                             nonattainment area on May 26, 2015. 80                   formally suspended the obligation to                   projects (general conformity).
                                             FR 29964.                                                submit any of the attainment planning                  Considering the elimination of lead
                                                EPA’s long-standing interpretation                    SIPs. 80 FR 29964 (May 26, 2015).                      additives in gasoline, transportation
                                             regarding the applicability of section                      Section 172(c)(3) requires submission               conformity does not apply to the lead
                                             172(c) attainment planning                               and approval of a comprehensive,                       NAAQS. 73 FR 66964, 67043 n.120.
                                             requirements for an area that is attaining               accurate, and current inventory of actual              EPA approved Ohio’s general
                                             a NAAQS applies in this redesignation                    emissions. Ohio submitted 2008 and                     conformity SIP on March 11, 1996. 61
                                             of the Fulton County lead                                2013 emission inventories with its                     FR 9646.
                                             nonattainment area as well, except for                   redesignation request. The 2013
                                             the applicability of the requirement to                                                                         b. Ohio Has a Fully Approved
                                                                                                      inventory can be used as the most                      Applicable SIP Under Section 110(k) of
                                             implement all reasonably available                       accurate and current inventory. As
                                             control measures under section                                                                                  the CAA
                                                                                                      discussed in section III.B., EPA is
                                             172(c)(1). On July 14, 2015, the United                  approving the 2013 base year inventory                    Upon final approval of Ohio’s
                                             States Court of Appeals for the Sixth                                                                           comprehensive 2013 emissions
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                                             Circuit (6th Circuit) ruled that to meet                    1 Although the approach being implemented here      inventories and approval of RACM for
                                             the requirement of section                               is inconsistent with the Agency’s longstanding
                                             107(d)(3)(E)(ii), states are required to                 national policy, such deviation is required in order     2 A detailed rationale for this view is described

                                             submit plans addressing RACM/RACT                        to act in accordance with an applicable Circuit        in a memorandum from Mary Nichols, Assistant
                                                                                                      Court decision. Consistent with 40 CFR 56.5(b), the    Administrator for Air and Radiation, dated October
                                             under section 172(c)(1) and EPA is                       Region does not need to seek concurrence from EPA      14, 1994, entitled, ‘‘Part D New Source Review
                                             required to approve those plans prior to                 Headquarters for such deviation in these               Requirements for Areas Requesting Redesignation
                                             redesignating the area, regardless of                    circumstances. 81 FR 51102 (August 3, 2016).           to Attainment.’’



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                                                              Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations                                            48445

                                             the Fulton County lead area, EPA will                    filter bag leak detection system, and                 contingency plan to prevent or correct
                                             have fully approved the Ohio SIP for the                 specifies the correct actions Bunting is              future violations of the NAAQS.
                                             Fulton County area under section 110(k)                  to take following an inspection                         Ohio’s maintenance plan shows that
                                             of the CAA for all requirements                          suggesting a leak or an alarm of the leak             the Fulton County area’s emissions will
                                             applicable for purposes of                               detection system. The PMP was                         remain below the attainment year levels
                                             redesignation, in accordance with                        implemented to correct control                        through 2030.
                                             section 107(d)(3)(E)(ii). EPA may rely on                equipment malfunctions and poor                       b. Attainment Inventory
                                             prior SIP approvals in approving a                       housekeeping that caused additional
                                             redesignation request (See page 3 of the                 lead emissions from the Bunting facility.                Ohio provided lead emissions
                                             September 4, 1992, Processing Requests                   Ohio incorporated the PMP                             inventories for the nonattainment year
                                             to Redesignate Areas to Attainment:                      requirements into the Air Pollution                   (2008), the attainment year (2013), an
                                             Policy Memorandum (Calcagni                              Permits-to-install and operate P0121822,              interim year (2021), and a future year
                                             memorandum)); Southwestern                               P0120836, and P0121942 issued to                      (2030). The lead emissions in tons per
                                             Pennsylvania Growth Alliance v.                          Bunting on February 28, 2017. Those                   year (TPY) for Fulton County, Ohio are
                                             Browner, 144 F.3d 984, 989–990 (6th                      permits are permanent and Federally                   listed in Table 1.
                                             Cir. 1998); Wall v. EPA, 265 F.3d 426                    enforceable.
                                             (6th Cir. 2001)). EPA also relies on                                                                              TABLE 1—FULTON COUNTY, OHIO
                                                                                                      4. Ohio Has a Fully Approved                                    LEAD EMISSIONS
                                             measures approved in conjunction with
                                                                                                      Maintenance Plan Pursuant to Section
                                             a redesignation action. See 68 FR 25413
                                                                                                      175A of the CAA (Section                              2008     0.0050 TPY    nonattainment year.
                                             (May 12, 2003) (approving I/M program
                                                                                                      107(d)(3)(E)(iv))                                     2013     0.0035 TPY    attainment year.
                                             for St. Louis) and 68 FR 25413, 25426
                                             (May 12, 2003). Ohio has adopted and                        In conjunction with its request to                 2021     0.00315 TPY   future year (interim).
                                                                                                      redesignate the Fulton County                         2030     0.00284 TPY   future year (mainte-
                                             submitted, and EPA has fully approved,                                                                                                   nance).
                                             required SIP provisions addressing the                   nonattainment area to attainment, Ohio
                                             2008 lead standards. Of the CAA                          requested a SIP revision to provide for
                                                                                                      maintenance of the 2008 lead NAAQS                    c. Demonstration of Maintenance
                                             requirements applicable to this
                                             redesignation request only two remain                    in the area through 2030.                                Ohio included a section 175(A)
                                             applicable, the emissions inventory                                                                            maintenance plan in its submission. In
                                                                                                      a. What is required in a maintenance
                                             requirement of section 172(c)(3) and the                                                                       the plan, Ohio has provided both an
                                                                                                      plan?
                                             RACM requirement of section 172(c)(1).                                                                         emissions inventory and air dispersion
                                                EPA is approving Ohio’s 2013                             The required elements of a                         modeling of the emission limits
                                             emissions inventories for the Fulton                     maintenance plan for areas seeking                    resulting from the PMP to demonstrate
                                             County area as meeting the requirement                   redesignation from nonattainment to                   that the area is expected to maintain the
                                             of section 172(c)(3) of the CAA, and                     attainment are contained in section                   standard into the future. Where the
                                             approving RACM provisions meeting                        175A of the CAA. Section 175A requires                emissions inventory method of showing
                                             the requirement of 172(c)(1). No SIP                     a state seeking redesignation to                      maintenance is used, its purpose is to
                                             provisions are currently disapproved,                    attainment to submit a SIP revision to                show that emissions during the
                                             conditionally approved, or partially                     provide for the maintenance of the                    maintenance period will not increase
                                             approved in the Fulton County area                       NAAQS in the area ‘‘for at least 10 years             over the attainment year inventory.
                                             under section 110(k) in accordance with                  after the redesignation’’. EPA has                    Calcagni memorandum at 9–10. A
                                             section 107(d)(3)(E)(ii).                                interpreted this as a showing of                      maintenance demonstration need not be
                                                                                                      maintenance ‘‘for a period of ten years               based on modeling. See Wall v. EPA,
                                             3. The Improvement in Air Quality Is                     following redesignation’’. Calcagni                   265 F.3d 426 (6th Cir. 2001), Sierra Club
                                             Due to Permanent and Enforceable                         memorandum at 9. Eight years after                    v. EPA, 375 F. 3d 537 (7th Cir. 2004).
                                             Reductions in Emissions Resulting From                   redesignation, the state must submit a                See also 66 FR 53094, 53099–53100
                                             Implementation of the SIPs and                           revised maintenance plan which                        (October 19, 2001), 68 FR 25413, 25430–
                                             Applicable Federal Air Pollution                         demonstrates that attainment will                     25432 (May 12, 2003).
                                             Control Regulations and Other                            continue to be maintained for the                        The plan demonstrates maintenance
                                             Permanent and Enforceable Reductions                     subsequent 10 years.                                  of the 2008 lead standard through 2030
                                             (Section 107(d)(3)(E)(iii))                                 To address the possibility of future               by showing that current and future
                                                To support the revision of an area’s                  NAAQS violations, the maintenance                     emissions of lead in the area remain at
                                             designation from nonattainment to                        plan must contain contingency                         or below attainment year emission
                                             attainment, CAA section 107(d)(3)(E)(iii)                measures with a schedule for                          levels. In addition, the area can show
                                             requires EPA to determine that the air                   implementation as EPA deems                           modeled attainment of the NAAQS. The
                                             quality improvement in the area is due                   necessary to assure prompt correction of              emissions inventory comparison
                                             to permanent and enforceable                             any future lead violations.                           showing the decline in emissions
                                             reductions in emissions. Permanent and                      The Calcagni memorandum provides                   between 2013 and 2030 indicates
                                             enforceable emission reductions result                   additional guidance on the content of a               maintenance. The modeling Ohio
                                             from the implementation of the SIP and                   maintenance plan. The memorandum                      conducted also supports the conclusion
                                             applicable Federal air pollution control                 states that a maintenance plan should                 that the Fulton County area will
                                             regulations and other permanent and                      address the following items: The                      maintain attainment into the future.
                                             enforceable emission reductions.                         attainment emissions inventory, a                        A summary of the air dispersion
                                                Bunting is the lone source of lead                    maintenance demonstration showing                     modeling for Bunting was included in
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                                             emissions in the Fulton County                           maintenance for the 10 years of the                   Ohio’s submission. The modeling
                                             nonattainment area. Ohio implemented                     maintenance period, a commitment to                   evaluated the PMP measures including
                                             a preventative maintenance plan (PMP)                    maintain the existing monitoring                      the emission limits from Air Pollution
                                             for Bunting. The PMP specifies the                       network, factors and procedures to be                 Permits-to-install and operate P0108083,
                                             required inspections to be performed,                    used for verification of continued                    P0121822, P0120836, and P0121942.
                                             requires continuous operation of a fabric                attainment of the NAAQS, and a                        Ohio used the American Meteorology


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                                             48446            Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations

                                             Society/Environmental Protection                         NAAQS in accordance with 40 CFR part                  inventory, maintenance demonstration,
                                             Agency Regulatory Model, known as                        58.                                                   monitoring network, verification of
                                             AERMOD. That analysis yielded a                                                                                continued attainment, and a
                                                                                                      f. Contingency Plan
                                             maximum impact of 0.12 mg/m3, which                                                                            contingency plan.
                                             is below the 2008 lead NAAQS of 0.15                        The contingency plan provisions are                   As required by section 175A(b) of the
                                             mg/m3. This modeling analysis is valid                   designed to promptly correct or prevent               CAA, Ohio commits to submit to the
                                             for the Fulton County redesignation                      a violation of the NAAQS that might                   EPA an updated lead maintenance plan
                                             because the Bunting control measures                     occur after redesignation of an area to               eight years after redesignation of the
                                             are responsible for the emission                         attainment. CAA section 175A requires                 Fulton County area to cover an
                                             reductions that brought the area into                    that the maintenance plan include such                additional ten-year period beyond the
                                             attainment.                                              contingency measures. The maintenance                 initial ten-year maintenance period.
                                                Ohio’s maintenance plan submission                    plan should identify the contingency                     For the reasons set forth above, EPA
                                             shows that the Fulton County area’s                      measures to be adopted, a schedule and                is approving Ohio’s 2008 lead
                                             lead emissions will remain below the                     procedure for adoption and                            maintenance plan for the Fulton County
                                             attainment year inventories through                      implementation of the contingency                     area as meeting the requirements of
                                             2030. See Table 1. The reductions in                     measures, and a time limit for action by              CAA section 175A.
                                             lead emissions in the Fulton County                      the state. The state should also identify
                                             area result from the permanent and                       specific indicators to be used to                     B. Comprehensive Emissions Inventory
                                             enforceable control measures for                         determine when the contingency                          Section 172(c)(3) of the CAA requires
                                             Bunting, the lone lead source in the                     measures need to be adopted and                       areas to submit a comprehensive,
                                             area. Monitoring data show that the                      implemented. The maintenance plan                     accurate, and current emissions
                                             Fulton County area ambient lead                          must include a requirement that the                   inventory. Ohio provided such an
                                             concentrations have remained below the                   state will implement all pollution                    inventory in its submission.
                                             NAAQS since the PMP was applied to                       control measures that were contained in                 Ohio identified Bunting as the lone
                                             Bunting. Because of the control                          the SIP before redesignation of the area              source of lead emissions in the Fulton
                                             measures implemented, it is reasonable                   to attainment. Section 175A(d) of the                 County nonattainment area. Thus, the
                                             to expect the emissions to remain at a                   CAA.                                                  emissions from Bunting represent the
                                             level that meets the standard. Thus, it is                  Ohio’s contingency plan defines a                  emissions of the Fulton County area. In
                                             reasonable to expect the Fulton County                   warning level and action level response.              2013, the lead emissions were 0.0035
                                             area will continue to attain the 2008                    The warning level response will trigger               TPY. See Table 1.
                                             lead NAAQS through 2030. EPA has                         when a lead monitor three-month                         EPA approves the lead emissions
                                             determined that Ohio’s submission                        rolling average exceeds 0.135 mg/m3 in                inventories submitted by Ohio in April
                                             demonstrates that the area will continue                 the maintenance area. If a warning level              2017 as fully meeting the
                                             to maintain the 2008 lead NAAQS at                       response is triggered, Ohio will conduct              comprehensive inventory requirement
                                             least through 2030. In addition, the air                 a study to determine whether the lead                 of section 172(c)(3) of the CAA for the
                                             dispersion modeling indicates that with                  values indicate a trend toward                        Fulton County area for the 2008 lead
                                             the permitted emission limitation                        exceeding the standard and what                       NAAQS.
                                             implemented the Fulton County area                       control measure would be necessary to
                                                                                                      reverse the trend within 12 months of                 C. RACM Requirements
                                             ambient lead concentration will be
                                             below the 2008 lead NAAQS. Based on                      the conclusion of the calendar year. The                Based on the 6th Circuit decision
                                             the showing, in accordance with section                  action level response will be prompted                discussed above, EPA requires areas in
                                             175A, that the Ohio’s maintenance plan                   by the determination of the warning                   the jurisdiction of the 6th Circuit to
                                             provides for maintenance for at least 10                 level study that a reverse of the trend is            have approved RACM/RACT provisions
                                             years after redesignation, EPA is                        needed, or by the three-month rolling                 in order to be redesignated. Ohio
                                             approving the redesignation request and                  average exceeding 0.143 mg/m3. The                    performed a RACM analysis for Bunting.
                                             maintenance plans.                                       action level response will require Ohio               EPA is approving the existing controls
                                                                                                      to work with the entity found to be                   and maintenance provisions for Bunting
                                             d. Monitoring Network                                    responsible for the ambient                           as fulfilling this requirement. Bunting
                                               Ohio has committed to monitor                          concentration to evaluate and                         has combined limits in Federally
                                             ambient lead levels in the Fulton                        implement the needed control measures                 enforceable permits for the units
                                             County area during the maintenance                       to bring the area into attainment within              controlled by each of its three
                                             period to confirm continued                              18 months of the conclusion of the                    baghouses. Baghouse A has a combined
                                             maintenance of the 2008 lead NAAQS,                      calendar year that triggered the                      limit of 0.150 pound lead per hour (lb/
                                             and to continue to operate an adequate                   response.                                             hr) for the exhaust of units P006 to
                                             monitoring network. EPA has                                 Should the 2008 lead NAAQS be                      P011, P013, P020 to P025, P029 to P032,
                                             determined that the Fulton County,                       violated during the maintenance period,               P035, and P036. Baghouse B has a
                                             Ohio area lead monitoring network is                     Ohio will implement one or more                       combined limit of 0.150 lb/hr for units
                                             adequate to confirm maintenance.                         contingency measures. The contingency                 P014 to P019 and P028. Baghouse C has
                                                                                                      measures will be considered based on                  a combined limit of 0.075 lb/hr for unit
                                             e. Verification of Continued Attainment                  the cause of the elevated lead levels.                P005. The current controls and PMP
                                                Ohio will also continue to enter its air              Potential measures include                            have brought the area into attainment
                                             monitoring data into the Air Quality                     improvements to existing control                      and constitute RACM, which meets the
                                             System in accordance with Federal
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                                                                                                      devices, the addition of a secondary                  requirement of CAA section 172(c)(1).
                                             guidelines. It will also submit periodic                 control device, and improvements to
                                             emissions inventories to EPA as                          housekeeping and maintenance.                         V. What action is EPA taking?
                                             required by the Federal Consolidated                        EPA has determined that Ohio’s                       EPA has determined that the Fulton
                                             Emissions Reporting Rule. 67 FR 39602,                   maintenance plan adequately addresses                 County area is attaining the 2008 lead
                                             June 10, 2002. Both actions will help to                 the five basic components of a                        NAAQS and that the area has met the
                                             verify continued attainment of the                       maintenance plan: Attainment                          requirements for redesignation under


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                                                              Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations                                             48447

                                             section 107(d)(3)(E) of the CAA. EPA is                  Federal requirements and does not                     Congress and to the Comptroller General
                                             thus approving the request from Ohio to                  impose additional requirements beyond                 of the United States. EPA will submit a
                                             change the legal designation of the                      those imposed by state law. For that                  report containing this action and other
                                             Fulton County area from nonattainment                    reason, this action:                                  required information to the U.S. Senate,
                                             to attainment for the 2008 lead standard.                   • Is not a significant regulatory action           the U.S. House of Representatives, and
                                             EPA is approving Ohio’s maintenance                      subject to review by the Office of                    the Comptroller General of the United
                                             plan for the Fulton County area as a                     Management and Budget under                           States prior to publication of the rule in
                                             revision to the Ohio SIP because we                      Executive Orders 12866 (58 FR 51735,                  the Federal Register. A major rule
                                             have determined that the plan meets the                  October 4, 1993) and 13563 (76 FR 3821,               cannot take effect until 60 days after it
                                             requirements of section 175A of the                      January 21, 2011);                                    is published in the Federal Register.
                                             CAA. EPA is approving the emission                          • Does not impose an information                   This action is not a ‘‘major rule’’ as
                                             controls in Air Pollution Permits-to-                    collection burden under the provisions                defined by 5 U.S.C. 804(2).
                                             install and operate P0108083, P0121822,                  of the Paperwork Reduction Act (44                       Under section 307(b)(1) of the Clean
                                             P0120836, and P0121942 as meeting the                    U.S.C. 3501 et seq.);                                 Air Act, petitions for judicial review of
                                             RACM/RACT requirements of CAA                               • Is certified as not having a                     this action must be filed in the United
                                             section 172(c)(1). EPA is approving the                  significant economic impact on a                      States Court of Appeals for the
                                             2013 emissions inventory as meeting the                  substantial number of small entities                  appropriate circuit by December 18,
                                             comprehensive emissions inventory                        under the Regulatory Flexibility Act (5               2017. Filing a petition for
                                             requirements of section 172(c)(3) of the                 U.S.C. 601 et seq.);                                  reconsideration by the Administrator of
                                             CAA. EPA is taking these actions in                         • Does not contain any unfunded                    this final rule does not affect the finality
                                             accordance with the CAA and EPA’s                        mandate or significantly or uniquely                  of this action for the purposes of judicial
                                             implementation regulations regarding                     affect small governments, as described                review nor does it extend the time
                                             the 2008 lead NAAQS.                                     in the Unfunded Mandates Reform Act                   within which a petition for judicial
                                                We are publishing this action without                 of 1995 (Pub. L. 104–4);                              review may be filed, and shall not
                                             prior proposal because we view this as                      • Does not have Federalism                         postpone the effectiveness of such rule
                                             a noncontroversial amendment and                         implications as specified in Executive                or action. Parties with objections to this
                                             anticipate no adverse comments.                          Order 13132 (64 FR 43255, August 10,                  direct final rule are encouraged to file a
                                             However, in the proposed rules section                   1999);                                                comment in response to the parallel
                                             of this Federal Register publication, we                    • Is not an economically significant               notice of proposed rulemaking for this
                                             are publishing a separate document that                  regulatory action based on health or                  action published in the proposed rules
                                             will serve as the proposal to approve the                safety risks subject to Executive Order               section of today’s Federal Register,
                                             state plan if relevant adverse written                   13045 (62 FR 19885, April 23, 1997);                  rather than file an immediate petition
                                             comments are filed. This rule will be                       • Is not a significant regulatory action           for judicial review of this direct final
                                             effective December 18, 2017 without                      subject to Executive Order 13211 (66 FR               rule, so that EPA can withdraw this
                                             further notice unless we receive relevant                28355, May 22, 2001);                                 direct final rule and address the
                                             adverse written comments by November                        • Is not subject to requirements of                comment in the proposed rulemaking.
                                             17, 2017. If we receive such comments,                   Section 12(d) of the National                         This action may not be challenged later
                                             we will withdraw this action before the                  Technology Transfer and Advancement                   in proceedings to enforce its
                                             effective date by publishing a                           Act of 1995 (15 U.S.C. 272 note) because              requirements. (See section 307(b)(2).)
                                             subsequent document that will
                                                                                                      application of those requirements would               List of Subjects
                                             withdraw the final action. Public
                                                                                                      be inconsistent with the Clean Air Act;
                                             comments will then be addressed in a                                                                           40 CFR Part 52
                                                                                                      and
                                             subsequent final rule based on the
                                                                                                         • Does not provide EPA with the                      Environmental protection, Air
                                             proposed action. EPA will not institute                                                                        pollution control, Incorporation by
                                                                                                      discretionary authority to address, as
                                             a second comment period. Any parties
                                                                                                      appropriate, disproportionate human                   reference, Intergovernmental relations,
                                             interested in commenting on this action
                                                                                                      health or environmental effects, using                Lead, Reporting and recordkeeping
                                             should do so at this time. Please note
                                                                                                      practicable and legally permissible                   requirements.
                                             that if EPA receives adverse comment
                                                                                                      methods, under Executive Order 12898                  40 CFR Part 81
                                             on an amendment, paragraph, or section
                                             of this rule and if that provision may be                (59 FR 7629, February 16, 1994).
                                                                                                      In addition, the SIP is not approved to                 Environmental protection,
                                             severed from the remainder of the rule,                                                                        Administrative practice and procedure,
                                             EPA may adopt as final those provisions                  apply on any Indian reservation land or
                                                                                                      in any other area where EPA or an                     Air pollution control, Designations and
                                             of the rule that are not the subject of an                                                                     classifications, Intergovernmental
                                             adverse comment. If we do not receive                    Indian tribe has demonstrated that a
                                                                                                      tribe has jurisdiction. In those areas of             relations, Lead, Reporting and
                                             any comments, this action will be                                                                              recordkeeping requirements.
                                             effective December 18, 2017.                             Indian country, the rule does not have
                                                                                                      tribal implications and will not impose                 Dated: September 28, 2017.
                                             VI. Statutory and Executive Order                        substantial direct costs on tribal                    Robert A. Kaplan,
                                             Reviews                                                  governments or preempt tribal law as                  Acting Regional Administrator, Region 5.
                                               Under the CAA, the Administrator is                    specified by Executive Order 13175 (65                  40 CFR parts 52 and 81 are amended
                                             required to approve a SIP submission                     FR 67249, November 9, 2000).                          as follows:
                                             that complies with the provisions of the                    The Congressional Review Act, 5
                                             CAA and applicable Federal regulations.                  U.S.C. 801 et seq., as added by the Small
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                                                                                                                                                            PART 52—APPROVAL AND
                                             42 U.S.C. 7410(k); 40 CFR 52.02(a).                      Business Regulatory Enforcement                       PROMULGATION OF
                                             Thus, in reviewing SIP submissions,                      Fairness Act of 1996, generally provides              IMPLEMENTATION PLANS
                                             EPA’s role is to approve state choices,                  that before a rule may take effect, the
                                             provided that they meet the criteria of                  agency promulgating the rule must                     ■ 1. The authority citation for part 52
                                             the CAA. Accordingly, this action                        submit a rule report, which includes a                continues to read as follows:
                                             merely approves state law as meeting                     copy of the rule, to each House of the                    Authority: 42 U.S.C. 7401 et seq.



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                                             48448               Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations

                                             ■ 2. In § 52.1870 the table in paragraph                                ‘‘Summary of Criteria Pollutant                                         § 52.1870           Identification of plan.
                                             (e) is amended by adding a new entry                                    Maintenance Plan’’ to read as follows:                                  *       *    *                *      *
                                             for ‘‘Lead (2008)’’ under sub-heading                                                                                                               (e) * * *

                                                                                  EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
                                                                           Applicable geographical
                                                      Title                                                           State date                     EPA approval                                                    Comments
                                                                           or non-attainment area


                                                     *                              *                                   *                          *                                 *                   *                   *
                                             Lead (2008) .......         Delta (partial Fulton                              4/27/2017       10/18/2017, [insert Fed-                 Includes approval of the 2013 lead base year emis-
                                                                          County).                                                            eral Register citation].                 sions inventory and Preventative Maintenance
                                                                                                                                                                                       Plan as RACM for the Bunting Bearing LLC Delta
                                                                                                                                                                                       facility.

                                                          *                              *                              *                             *                              *                               *                      *



                                             ■ 3. Section 52.1893 is amended by                                         (h) Existing controls and maintenance                                P028 and a combined limit of 0.075 lb/
                                             adding new paragraphs (f), (g) and (h) to                               provisions in the Air Pollution Permits-                                hr for unit P005.
                                             read as follows:                                                        to-install and operate P0108083,
                                                                                                                     P0121822, P0120836, and P0121942 for                                    PART 81—DESIGNATION OF AREAS
                                             § 52.1893        Control strategy: Lead (Pb).                           the Bunting Bearing LLC Delta facility                                  FOR AIR QUALITY PLANNING
                                             *     *     *    *     *                                                including the preventative maintenance                                  PURPOSES
                                               (f) Ohio’s 2013 lead emissions                                        plan as fulfilling the RACM/RACT
                                                                                                                     172(c)(1) requirement. Permits                                          ■ 4. The authority citation for part 81
                                             inventory for the Fulton County area,                                                                                                           continues to read as follows:
                                                                                                                     P0120836, P0121822, and P0121942, all
                                             submitted on April 27, 2017, to meet the
                                                                                                                     issued February 28, 2017, require a                                         Authority: 42 U.S.C. 7401 et seq.
                                             emission inventory requirements of
                                                                                                                     combined limit of 0.150 pounds lead                                     ■ 5. Section 81.336 is amended by
                                             section 172(c)(3) of the Clean Air Act for                              per hour for the exhaust of units P006
                                             the Fulton County area.                                                                                                                         revising the entry for Delta, OH in the
                                                                                                                     to P011, P013, P020 to P025, P029 to                                    table entitled ‘‘Ohio—2008 Lead
                                               (g) Approval—The 2008 lead                                            P032, P035, and P036. Permit P0108083,                                  NAAQS’’ to read as follows:
                                             maintenance plan for the Fulton                                         issued October 29, 2012, requires a
                                             County, Ohio nonattainment area,                                        combined limit of 0.150 pounds lead                                     § 81.336           Ohio.
                                             submitted on April 27, 2017.                                            per hour for units P014 to P019 and                                     *        *          *         *      *

                                                                                                                               OHIO—2008 LEAD NAAQS
                                                                                                                                                                                                                         Designation for the 2008
                                                                                                                                                                                                                                NAAQS a
                                                                                                                Designated area
                                                                                                                                                                                                                         Date 1            Type


                                                      *                       *                                 *                                 *                                *                                 *                      *
                                             Delta, OH:
                                                 Fulton County (part) .......................................................................................................................................            10/18/2017   Attainment.
                                                      The portions of Fulton County that are bounded by: sections 12 and 13 of York Township and sec-
                                                        tions 7 and 18 of Swan Creek Township.

                                                          *                              *                              *                             *                              *                               *                      *
                                                 a Includes    Indian Country located in each county or area, except as otherwise specified.
                                                 1 December      31, 2011, unless otherwise noted.


                                             [FR Doc. 2017–22495 Filed 10–17–17; 8:45 am]                            ENVIRONMENTAL PROTECTION                                                SUMMARY:   The Environmental Protection
                                             BILLING CODE 6560–50–P                                                  AGENCY                                                                  Agency (EPA) is approving the Illinois
                                                                                                                                                                                             Environmental Protection Agency’s
                                                                                                                     40 CFR Parts 52 and 81                                                  (Illinois EPA’s) request to redesignate
                                                                                                                     [EPA–R05–OAR–2016–0593; FRL–9969–69–                                    the Chicago and Granite City
                                                                                                                     Region 5]                                                               nonattainment areas (hereafter also
                                                                                                                                                                                             referred to as the ‘‘areas’’) to attainment
                                                                                                                     Air Plan Approval; Illinois;                                            for the 2008 national ambient air quality
                                                                                                                     Redesignation of the Chicago and                                        standards (NAAQS or standards) for
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                                                                                                                     Granite City Areas to Attainment of the                                 lead, also identified as Pb. EPA is also
                                                                                                                     2008 Lead Standard                                                      approving, as revisions to the Illinois
                                                                                                                     AGENCY: Environmental Protection                                        state implementation plan (SIP): The
                                                                                                                     Agency (EPA).                                                           state’s plan for maintaining the 2008
                                                                                                                                                                                             lead NAAQS in the areas for a period of
                                                                                                                     ACTION: Direct final rule.
                                                                                                                                                                                             ten years following these redesignations;


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Document Created: 2017-10-18 01:37:27
Document Modified: 2017-10-18 01:37:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective December 18, 2017, unless EPA receives relevant adverse comments by November 17, 2017. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactMatt Rau, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6524, [email protected]
FR Citation82 FR 48442 
CFR Citation40 CFR 52
40 CFR 81

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