83 FR 10796 - Air Plan Approval; Ohio; Redesignation of the Delta, Ohio Area to Attainment of the 2008 Lead Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 49 (March 13, 2018)
Federal Register Volume 83, Issue 49 (March 13, 2018)
| Page Range | 10796-10800 | |
| FR Document | 2018-05057 |
[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)] [Rules and Regulations] [Pages 10796-10800] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05057] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R05-OAR-2017-0256; FRL-9975-46-Region 5] Air Plan Approval; Ohio; Redesignation of the Delta, Ohio Area to Attainment of the 2008 Lead Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving the State of Ohio's request to redesignate the portion of Fulton County, Ohio known as the Delta nonattainment area (Delta area) to attainment of the 2008 National Ambient Air Quality Standards (NAAQS or standard) for lead. EPA is also approving, as meeting Clean Air Act (CAA) requirements, the maintenance plan and related elements of the redesignation, reasonably available control measure (RACM)/reasonably available control technology (RACT) measures and a comprehensive emissions inventory. EPA is taking these actions in accordance with the CAA and EPA's implementation regulations regarding the 2008 lead NAAQS. DATES: This final rule is effective on March 13, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2017-0256. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Matt Rau, Environmental Engineer at (312) 886-6524 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection [[Page 10797]] 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. What is the background? II. What are EPA's responses to the comments? III. What action is EPA taking? IV. Statutory and Executive Order Reviews V. Judicial Review I. What is the background? 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. The Delta area portion of Fulton County was designated as nonattainment for lead, specifically portions of Swan Creek and York Townships. 40 CFR 81.336. On May 26, 2015 (80 FR 29964), EPA issued a Clean Data Determination, which determined that the Delta area attained the 2008 lead NAAQS prior to its attainment date of December 31, 2015. On April 27, 2017, Ohio requested EPA to redesignate the Delta area to attainment of the 2008 lead NAAQS and provided documentation in support of its request. On October 18, 2017 (82 FR 48442), EPA issued a direct final rule approving Ohio's request to redesignate the Delta area to attainment. However, since EPA received relevant adverse comments on this action within the prescribed period, EPA withdrew the direct final rule. EPA had also proposed to approve the request to redesignate the Delta area to attainment of the 2008 lead NAAQS on October 18, 2017 (82 FR 48474). This action is a final rule based on the October 18, 2017 proposal. 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. The direct final rule published on October 18, 2017 (82 FR 48442) details how the Delta area has met the requirements for redesignation under section 107(d)(3)(E) of the CAA. In summary, EPA's approval of the RACM/RACT measures satisfies section 172 (c)(1) of the CAA. EPA is approving Ohio's 2013 emissions inventories for the Delta area as meeting the requirement of section 172(c)(3) of the CAA. EPA finds that the other requirements of CAA section 172(c) are not applicable because the Delta area has monitored attainment of the 2008 lead NAAQS. Further, EPA is approving Ohio's maintenance plan as it adequately addresses the requirements of section 175A of the CAA. II. What are EPA's responses to the comments? EPA received an anonymous comment on November 16, 2017. The comment is discussed below along with a response from EPA. Comment: The commenter stated, ``In 2009 the areas [sic] design value for lead was 0.18 and dropped significantly to 0.09 in 2012, but in 2014 the design value increased significantly back up to 0.12. This shows that the area hasn't maintained a consistent level that shows attainment below 0.15.'' The commenter further stated that, ``EPA shouldn't approve the re-designation request until the Fulton area shows better improvement in the monitored lead design values. EPA should wait until the lead levels become steady without increasing.'' The commenter further states, ``EPA needs to take lead violations seriously.'' Response: EPA disagrees with the commenter that the variability in the area's design value prohibits a redesignation to attainment. The statute does not require an area's design value to ``maintain a consistent level'' at its lowest recorded value or ``become steady without increasing,'' but rather requires that the air quality in the area is attaining the standard. In this case, though there was a fluctuation in the area's design values. Those values have remained below the level of the 2008 NAAQS for the relevant period, and, contrary to commenter's suggestion, has not violated the standard. Since the Bunting Bearing Company's Delta, Ohio facility (Bunting), identified by Ohio as the only point source of lead emissions in the nonattainment area, improved its lead emission controls in 2012 by adding required inspections, leak detection systems, corrective actions, and recordkeeping, the area has been consistently attaining the standard. Those controls are permanent and federally enforceable. Thus EPA has reasonably determined that, in accordance with the statute, the area is attaining and that the attainment is due to permanent and enforceable measures. Comment: The commenter also asked, ``what happens if the area's lead levels increase another 0.03?'' Response: An increase from the 2014-2016 design value of 0.12 [micro]g/m\3\ to 0.15 [micro]g/m\3\ would mean that the area would still be in attainment of the 2008 lead NAAQS and public health would remain protected. More importantly, Ohio's maintenance plan for the Delta area has contingency measures that help prevent NAAQS violations and that address violations if they occur. As part of its contingency measures, the state has committed that a ``warning'' level response is triggered if the lead concentration reaches 0.135 [micro]g/m\3\ on a three-month rolling average. 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 measures would be necessary to reverse the trend within 12 months of the conclusion of the calendar year. An ``action'' level response is triggered if the lead concentration reaches a level at or above 0.143 [micro]g/m\3\ on a three-month rolling average. 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 the contingency measures are adequate to promptly correct a violation of the ambient lead NAAQS. III. What action is EPA taking? EPA is approving the request from Ohio to change the legal designation of [[Page 10798]] the Delta area from nonattainment to attainment for the 2008 lead NAAQS. EPA is approving Ohio's maintenance plan for the Delta 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 all issued to Bunting as meeting the RACM/RACT requirements of CAA section 172(c)(1). Specifically, EPA is approving the necessary elements from the permits, emission limits and Preventive Maintenance Plan conditions, into the Ohio SIP rather than the entirety of the permits. The emission limits are for units controlled with Baghouse A: 0.150 pounds per hour combined limit, Baghouse B: 0.150 pounds per hour combined limit, and Baghouse C: 0.075 pounds per hour combined limit. The approved specific required elements of the Preventive Maintenance Plan are detailed on pages 24 to 26 of Ohio's ``Redesignation Request and Maintenance Plan for the Partial Fulton County, OH Annual Lead Nonattainment Area,'' submitted in April 2017. In summary, the required elements are five elements of inspections, three elements of fabric filter leak detection systems, three elements of corrective actions, and five elements of records. 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. In accordance with 5 U.S.C. 553(d), EPA finds there is good cause for these actions to become effective immediately upon publication. This is because a delayed effective date is unnecessary due to the nature of a redesignation to attainment, which relieves the area from certain CAA requirements that would otherwise apply to it. The immediate effective date for this action is authorized under both 5 U.S.C. 553(d)(1), which provides that rulemaking actions may become effective less than 30 days after publication if the rule ``grants or recognizes an exemption or relieves a restriction,'' and section 553(d)(3), which allows an effective date less than 30 days after publication ``as otherwise provided by the agency for good cause found and published with the rule.'' The purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. This rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, this rule relieves the state of planning requirements for this lead nonattainment area. For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(1) and (3) for these actions to become effective on the date of publication of these actions. IV. 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); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. 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). V. Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 14, 2018. 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. 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. [[Page 10799]] 40 CFR Part 81 Environmental protection, Administrative practice and procedure, Air pollution control, Designations and classifications, Intergovernmental relations, Lead, Reporting and recordkeeping requirements. Dated: February 27, 2018. Cathy Stepp, 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. 0 2. In Sec. 52.1870, the table in paragraph (e) is amended by adding the entry ``Lead (2008)'' after the entry ``Lead (2008)'' (with the State date of 6/29/2016) 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 ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Summary of Criteria Pollutant Maintenance Plan ---------------------------------------------------------------------------------------------------------------- * * * * * * * Lead (2008)................ Delta (partial 4/27/2017 3/13/2018, [insert Includes approval of the Fulton County). Federal Register 2013 lead base year citation]. emissions inventory and Preventative Maintenance Plan as RACM/RACT for the Bunting Bearing LLC Delta facility. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 0 3. Section 52.1893 is amended by adding 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 Delta area, submitted on April 27, 2017, to meet the emission inventory requirements of section 172(c)(3) of the Clean Air Act for the Delta area. (g) Approval--The 2008 lead maintenance plan for the Delta, 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 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 pounds lead per hour 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 ``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: 3/13/2018 Attainment. Fulton County (part)........ 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. [[Page 10800]] [FR Doc. 2018-05057 Filed 3-12-18; 8:45 am] BILLING CODE 6560-50-P
![10796 Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations
Court of Appeals for the appropriate subheading ‘‘Article 8 Monitoring and ENVIRONMENTAL PROTECTION
circuit by May 14, 2018. Filing a Reporting’’ and the entries ‘‘5–140– AGENCY
petition for reconsideration by the 1700’’ through ‘‘5–140–1750’’; the table
Administrator of this final rule does not subheading ‘‘Article 9 CAIR NOX Opt-in 40 CFR Parts 52 and 81
affect the finality of this action for the Units’’ and the entries ‘‘5–140–1800’’ [EPA–R05–OAR–2017–0256; FRL–9975–46–
purposes of judicial review nor does it through ‘‘5–140–1880’’. Region 5]
extend the time within which a petition ■ b. Removing the table heading ‘‘Part
for judicial review may be filed, and III NOX Ozone Season Trading Air Plan Approval; Ohio;
shall not postpone the effectiveness of Redesignation of the Delta, Ohio Area
Program’’; the table subheading ‘‘Article
such rule or action. to Attainment of the 2008 Lead
1 CAIR NOX Ozone Season Trading
This action removing from the Standard
Program General Provisions’’ and the
Virginia SIP regulations under Sections
5–140–1010 through 5–140–3880 of 9 entries ‘‘5–140–2010’’ through ‘‘5–140– AGENCY: Environmental Protection
VAC 5 Chapter 140 that implemented 2080’’; the table subheading ‘‘Article 2 Agency (EPA).
the CAIR annual NOX, ozone season CAIR-Designated Representative for ACTION: Final rule.
NOX, and annual SO2 trading programs CAIR NOX Ozone Season Sources’’ and
the entries ‘‘5–140–2100’’ through ‘‘5– SUMMARY: The Environmental Protection
may not be challenged later in
140–2150’’; the table subheading Agency (EPA) is approving the State of
proceedings to enforce its requirements.
‘‘Article 3 Permits’’ and the entries ‘‘5– Ohio’s request to redesignate the portion
(See CAA section 307(b)(2)).
140–2200’’ through ‘‘5–140–2240’’; the of Fulton County, Ohio known as the
List of Subjects in 40 CFR Part 52 table subheading ‘‘Article 5 CAIR NOX Delta nonattainment area (Delta area) to
Environmental protection, Air Ozone Season Allowance Allocations’’ attainment of the 2008 National
pollution control, Incorporation by and the entries ‘‘5–140–2400’’ through Ambient Air Quality Standards
reference, Intergovernmental relations, ‘‘5–140–2430’’; the table subheading (NAAQS or standard) for lead. EPA is
Nitrogen dioxide, Ozone, Particulate ‘‘Article 6 CAIR NOX Ozone Season also approving, as meeting Clean Air
matter, Reporting and recordkeeping Allowance Tracking System’’ and the Act (CAA) requirements, the
requirements, Sulfur oxides, Volatile entries ‘‘5–140–2510’’ through ‘‘5–140– maintenance plan and related elements
organic compounds. 2570’’; the table subheading ‘‘Article 7 of the redesignation, reasonably
CAIR NOX Ozone Season Allowance available control measure (RACM)/
Dated: February 23, 2018. reasonably available control technology
Cosmo Servidio, Transfers’’ and the entries ‘‘5–140–
2600’’ through ‘‘5–140–2620’’; the table (RACT) measures and a comprehensive
Regional Administrator, Region III. emissions inventory. EPA is taking these
subheading ‘‘Article 8 Monitoring and
40 CFR part 52 is amended as follows: Reporting’’ and the entries ‘‘5–140– actions in accordance with the CAA and
EPA’s implementation regulations
2700’’ through ‘‘5–140–2750’’; the table
PART 52—APPROVAL AND regarding the 2008 lead NAAQS.
PROMULGATION OF subheading ‘‘Article 9 CAIR NOX Ozone
Season Opt-in Units’’ and the entries DATES: This final rule is effective on
IMPLEMENTATION PLANS March 13, 2018.
‘‘5–140–2800’’ through ‘‘5–140–2880’’.
■ 1. The authority citation for part 52 ADDRESSES: EPA has established a
■ c. Removing the table heading ‘‘Part
continues to read as follows: docket for this action under Docket ID
IV—SO2 Annual Trading Program’’; the
No. EPA–R05–OAR–2017–0256. All
Authority: 42 U.S.C. 7401 et seq. table subheading ‘‘Article 1 CAIR SO2
documents in the docket are listed on
Trading Program General Provisions’’ the www.regulations.gov website.
Subpart VV—Virginia and the entries ‘‘5–140–3010’’ through Although listed in the index, some
§ 52.2420 [Amended]
‘‘5–140–3080’’; the table subheading information is not publicly available,
‘‘Article 2 CAIR-designated i.e., Confidential Business Information
■ 2. In § 52.2420, the table in paragraph Representative for CAIR SO2 Sources’’
(c) is amended by: (CBI) or other information whose
and the entries ‘‘5–140–3100’’ through disclosure is restricted by statute.
■ a. Removing the table heading ‘‘Part ‘‘5–140–3150’’; the table subheading
II—NOX Annual Trading Program’’; the Certain other material, such as
‘‘Article 3 Permits’’ and the entries ‘‘5– copyrighted material, is not placed on
table subheading ‘‘Article 1 CAIR NOX 140–3200’’ through ‘‘5–140–3240’’; the
Annual Trading Program General the internet and will be publicly
table subheading ‘‘Article 5 CAIR SO2 available only in hard copy form.
Provisions’’ and the entries ‘‘5–140– Allowance Allocations’’ and the entries
1010’’ through ‘‘5–140–1080’’; the table Publicly available docket materials are
‘‘5–140–3400’’ through ‘‘5–140–3420’’; available either through
subheading ‘‘Article 2 CAIR-designated the table subheading ‘‘Article 6 CAIR
Representative for CAIR NOX Sources’’ www.regulations.gov or at the
SO2 Allowance Tracking System’’ and Environmental Protection Agency,
and the entries ‘‘5–140–1100’’ through
the entries ‘‘5–140–3510’’ through ‘‘5– Region 5, Air and Radiation Division, 77
‘‘5–140–1150’’; the table subheading
140–3570’’; the table subheading West Jackson Boulevard, Chicago,
‘‘Article 3 Permits’’ and the entries ‘‘5–
‘‘Article 7 CAIR SO2 Allowance Illinois 60604. This facility is open from
140–1200’’ through ‘‘5–140–1240’’; the
Transfers’’ and the entries ‘‘5–140– 8:30 a.m. to 4:30 p.m., Monday through
table subheading ‘‘Article 5 CAIR NOX
3600’’ through ‘‘5–140–3620’’; the table Friday, excluding Federal holidays. We
Allowance Allocations’’ and the entries
‘‘5–140–1400’’ through ‘‘5–140–1430’’; subheading ‘‘Article 8 Monitoring and recommend that you telephone Matt
the table subheading ‘‘Article 6 CAIR Reporting’’ and the entries ‘‘5–140– Rau, Environmental Engineer at (312)
amozie on DSK30RV082PROD with RULES
NOX Allowance Tracking System’’ and 3700’’ through ‘‘5–140–3750’’; the table 886–6524 before visiting the Region 5
the entries ‘‘5–140–1510’’ through ‘‘5– subheading ‘‘Article 9 CAIR SO2 Opt-in office.
140–1570’’; the table subheading Units’’ and the entries ‘‘5–140–3800’’ FOR FURTHER INFORMATION CONTACT: Matt
‘‘Article 7 CAIR NOX Allowance through ‘‘5–140–3880’’. Rau, Environmental Engineer, Control
Transfers’’ and the entries ‘‘5–140– [FR Doc. 2018–04935 Filed 3–12–18; 8:45 am] Strategies Section, Air Programs Branch
1600’’ through ‘‘5–140–1620’’; the table BILLING CODE 6560–50–P (AR–18J), Environmental Protection
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Agency, Region 5, 77 West Jackson quality improvement is the result of facility (Bunting), identified by Ohio as
Boulevard, Chicago, Illinois 60604, permanent and enforceable emission the only point source of lead emissions
(312) 886–6524, rau.matthew@epa.gov. reductions. Fourth, the Administrator in the nonattainment area, improved its
SUPPLEMENTARY INFORMATION: must have fully approved a lead emission controls in 2012 by
Throughout this document whenever maintenance plan meeting the CAA adding required inspections, leak
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean section 175A requirements. The fifth detection systems, corrective actions,
EPA. This supplementary information criterion is that the state has met all of and recordkeeping, the area has been
section is arranged as follows: the applicable requirements of CAA consistently attaining the standard.
I. What is the background?
section 110 and part D. Those controls are permanent and
II. What are EPA’s responses to the The direct final rule published on federally enforceable. Thus EPA has
comments? October 18, 2017 (82 FR 48442) details reasonably determined that, in
III. What action is EPA taking? how the Delta area has met the accordance with the statute, the area is
IV. Statutory and Executive Order Reviews requirements for redesignation under attaining and that the attainment is due
V. Judicial Review section 107(d)(3)(E) of the CAA. In to permanent and enforceable measures.
I. What is the background? summary, EPA’s approval of the RACM/ Comment: The commenter also asked,
RACT measures satisfies section 172 ‘‘what happens if the area’s lead levels
On November 12, 2008 (73 FR 66964), (c)(1) of the CAA. EPA is approving increase another 0.03?’’
EPA established the 2008 primary and Ohio’s 2013 emissions inventories for Response: An increase from the 2014–
secondary lead NAAQS at 0.15 the Delta area as meeting the 2016 design value of 0.12 mg/m3 to 0.15
micrograms per cubic meter (mg/m3) requirement of section 172(c)(3) of the mg/m3 would mean that the area would
based on a maximum arithmetic three- CAA. EPA finds that the other still be in attainment of the 2008 lead
month mean concentration for a three- requirements of CAA section 172(c) are NAAQS and public health would
year period. 40 CFR 50.16. not applicable because the Delta area remain protected. More importantly,
On November 22, 2010 (75 FR 71033), has monitored attainment of the 2008 Ohio’s maintenance plan for the Delta
EPA published its initial air quality lead NAAQS. Further, EPA is approving area has contingency measures that help
designations and classifications for the Ohio’s maintenance plan as it prevent NAAQS violations and that
2008 lead NAAQS based upon air adequately addresses the requirements address violations if they occur. As part
quality monitoring data for calendar of section 175A of the CAA. of its contingency measures, the state
years 2007–2009. These designations has committed that a ‘‘warning’’ level
became effective on December 31, 2010. II. What are EPA’s responses to the response is triggered if the lead
The Delta area portion of Fulton County comments? concentration reaches 0.135 mg/m3 on a
was designated as nonattainment for EPA received an anonymous three-month rolling average. If a
lead, specifically portions of Swan comment on November 16, 2017. The warning level response is triggered,
Creek and York Townships. 40 CFR comment is discussed below along with Ohio will conduct a study to determine
81.336. On May 26, 2015 (80 FR 29964), a response from EPA. whether the lead values indicate a trend
EPA issued a Clean Data Determination, Comment: The commenter stated, ‘‘In toward exceeding the standard and what
which determined that the Delta area 2009 the areas [sic] design value for lead control measures would be necessary to
attained the 2008 lead NAAQS prior to was 0.18 and dropped significantly to reverse the trend within 12 months of
its attainment date of December 31, 0.09 in 2012, but in 2014 the design the conclusion of the calendar year. An
2015. value increased significantly back up to ‘‘action’’ level response is triggered if
On April 27, 2017, Ohio requested 0.12. This shows that the area hasn’t the lead concentration reaches a level at
EPA to redesignate the Delta area to maintained a consistent level that shows or above 0.143 mg/m3 on a three-month
attainment of the 2008 lead NAAQS and attainment below 0.15.’’ The commenter rolling average. The action level
provided documentation in support of further stated that, ‘‘EPA shouldn’t response will require Ohio to work with
its request. On October 18, 2017 (82 FR approve the re-designation request until the entity found to be responsible for
48442), EPA issued a direct final rule the Fulton area shows better the ambient concentration to evaluate
approving Ohio’s request to redesignate improvement in the monitored lead and implement the needed control
the Delta area to attainment. However, design values. EPA should wait until measures to bring the area into
since EPA received relevant adverse the lead levels become steady without attainment within 18 months of the
comments on this action within the increasing.’’ The commenter further conclusion of the calendar year that
prescribed period, EPA withdrew the states, ‘‘EPA needs to take lead triggered the response. Should the 2008
direct final rule. EPA had also proposed violations seriously.’’ lead NAAQS be violated during the
to approve the request to redesignate the Response: EPA disagrees with the maintenance period, Ohio will
Delta area to attainment of the 2008 lead commenter that the variability in the implement one or more contingency
NAAQS on October 18, 2017 (82 FR area’s design value prohibits a measures. The contingency measures
48474). This action is a final rule based redesignation to attainment. The statute will be considered based on the cause
on the October 18, 2017 proposal. does not require an area’s design value of the elevated lead levels. Potential
The requirements for redesignating an to ‘‘maintain a consistent level’’ at its measures include improvements to
area from nonattainment to attainment lowest recorded value or ‘‘become existing control devices, the addition of
are found in CAA section 107 (d)(3)(E). steady without increasing,’’ but rather a secondary control device, and
There are five criteria for redesignating requires that the air quality in the area improvements to housekeeping and
an area. First, the Administrator must is attaining the standard. In this case, maintenance. EPA has determined that
determine that the area has attained the though there was a fluctuation in the the contingency measures are adequate
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applicable NAAQS based on current air area’s design values. Those values have to promptly correct a violation of the
quality data. Second, the Administrator remained below the level of the 2008 ambient lead NAAQS.
must have fully approved the applicable NAAQS for the relevant period, and,
SIP for the area under CAA section contrary to commenter’s suggestion, has III. What action is EPA taking?
110(k). The third criterion is for the not violated the standard. Since the EPA is approving the request from
Administrator to determine that the air Bunting Bearing Company’s Delta, Ohio Ohio to change the legal designation of
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![Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations 10799
40 CFR Part 81 Dated: February 27, 2018. Authority: 42 U.S.C. 7401 et seq.
Cathy Stepp,
Environmental protection, ■ 2. In § 52.1870, the table in paragraph
Regional Administrator, Region 5. (e) is amended by adding the entry
Administrative practice and procedure,
40 CFR parts 52 and 81 are amended ‘‘Lead (2008)’’ after the entry ‘‘Lead
Air pollution control, Designations and
as follows: (2008)’’ (with the State date of 6/29/
classifications, Intergovernmental
relations, Lead, Reporting and 2016) to read as follows:
PART 52—APPROVAL AND
recordkeeping requirements. PROMULGATION OF § 52.1870 Identification of plan.
IMPLEMENTATION PLANS
* * * * *
■ 1. The authority citation for part 52 (e) * * *
continues to read as follows:
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable geographical
Title State date EPA approval Comments
or non-attainment area
* * * * * * *
Summary of Criteria Pollutant Maintenance Plan
* * * * * * *
Lead (2008) ......... Delta (partial Fulton 4/27/2017 3/13/2018, [insert Fed- Includes approval of the 2013 lead base year
County). eral Register citation]. emissions inventory and Preventative Mainte-
nance Plan as RACM/RACT for the Bunting
Bearing LLC Delta facility.
* * * * * * *
■ 3. Section 52.1893 is amended by (h) Existing controls and maintenance limit of 0.075 pounds lead per hour for
adding paragraphs (f), (g), and (h) to provisions in the Air Pollution Permits- 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 Delta area, submitted continues to read as follows:
P0120836, P0121822, and P0121942, all
on April 27, 2017, to meet the emission
issued February 28, 2017, require a Authority: 42 U.S.C. 7401, et seq.
inventory requirements of section
combined limit of 0.150 pounds lead ■ 5. Section 81.336 is amended by
172(c)(3) of the Clean Air Act for the per hour for units P006 to P011, P013,
Delta area. revising the entry ‘‘Delta, OH:’’ in the
P020 to P025, P029 to P032, P035, and table entitled ‘‘Ohio—2008 Lead
(g) Approval—The 2008 lead P036. Permit P0108083, issued October NAAQS’’ to read as follows:
maintenance plan for the Delta, Ohio 29, 2012, requires a combined limit of
nonattainment area, submitted on April 0.150 pounds lead per hour for units § 81.336 Ohio.
27, 2017. P014 to P019 and P028 and a combined * * * * *
OHIO—2008 LEAD NAAQS
Designation for the 2008
NAAQS a
Designated area
Date 1 Type
* * * * * * *
Delta, OH: 3/13/2018 Attainment.
Fulton County (part).
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.
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* * * * * * *
a Includes
Indian Country located in each county or area, except as otherwise specified.
1 December 31, 2011 unless otherwise noted.
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![10800 Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations
[FR Doc. 2018–05057 Filed 3–12–18; 8:45 am] document announcing approval by the Orders, FCC 14–54, published at 79 FR
BILLING CODE 6560–50–P Office of Management and Budget of the 39164, July 9, 2014 and FCC 16–64,
modified information collection published at 81 FR 44414, July 7, 2016.
requirements. The OMB Control Number is 3060–
FEDERAL COMMUNICATIONS Applicability date: The requirement to 1252. The Commission publishes this
COMMISSION support Spanish language Alert document as an announcement of the
Messages in § 10.480 is applicable effective date of the rules published July
47 CFR Part 10 beginning May 1, 2019. 9, 2014. If you have any comments on
[PS Docket No. 15–91; PS Docket No. 15– Federal Communications Commission. the burden estimates listed below, or
94; FCC 18–4] Marlene H. Dortch, how the Commission can improve the
Secretary, Office of the Secretary.
collections and reduce any burdens
Wireless Emergency Alerts; caused thereby, please contact Nicole
[FR Doc. 2018–04969 Filed 3–12–18; 8:45 am]
Emergency Alert System; Correction Ongele, Federal Communications
BILLING CODE 6712–01–P
Commission, Room 1–A620, 445 12th
AGENCY: Federal Communications Street SW, Washington, DC 20554.
Commission. Please include the OMB Control
ACTION: Final rule; correction.
FEDERAL COMMUNICATIONS
Number, 3060–1252, in your
COMMISSION
correspondence. The Commission will
SUMMARY: The Federal Communications also accept your comments via email at
Commission (Commission) published a 47 CFR Part 54
PRA@fcc.gov. To request materials in
document in the Federal Register of [WC Docket No. 10–90; FCC 14–54 and 16– accessible formats for people with
February 28, 2018, concerning revisions 64] disabilities (Braille, large print,
to Wireless Emergency Alert (WEA) electronic files, audio format), send an
rules to improve utility of WEA as a life- Connect America Fund
email to fcc504@fcc.gov or call the
saving tool. The document contained an AGENCY: Federal Communications Consumer and Governmental Affairs
incorrect compliance date. Commission. Bureau at (202) 418–0530 (voice), (202)
DATES: This correction is effective April ACTION: Final rule; announcement of 418–0432 (TTY).
30, 2018. effective date. Synopsis
FOR FURTHER INFORMATION CONTACT:
James Wiley, Attorney Advisor, SUMMARY: In this document, the Federal As required by the Paperwork
Cybersecurity and Communications Communications Commission Reduction Act of 1995 (44 U.S.C. 3507),
Reliability Division, Public Safety and (Commission) announces that the Office the Commission is notifying the public
Homeland Security Bureau, at 202–418– of Management and Budget (OMB) has that it received OMB approval on March
2410. approved, for a period of three years, an 5, 2018, for the information collection
SUPPLEMENTARY INFORMATION:
information collection associated with requirements contained in 47 CFR
the rules for the Connect America Fund 54.310(e) and 54.315(a), published at 79
Correction Phase II auction (CAF–II auction) FR 39164, July 9, 2014 and 81 FR 44414,
In the Federal Register of February contained in the Commission’s Connect July 7, 2016. Under 5 CFR part 1320, an
28, 2018, in FR Doc. 2018–03990, on America Fund Orders, FCC 14–54 and agency may not conduct or sponsor a
page 8619, in the third column, correct FCC 16–64. This document is consistent collection of information unless it
the DATES caption to read: with the Connect America Fund Orders, displays a current, valid OMB Control
which stated that the Commission Number. No person shall be subject to
DATES: Effective dates: The amendments
would publish a document in the any penalty for failing to comply with
to §§ 10.10 and 10.210 are effective
Federal Register announcing the a collection of information subject to the
April 30, 2018. The amendments to
effective date of the new information Paperwork Reduction Act that does not
§§ 10.450 and 10.500 are effective
collection requirements. display a current, valid OMB Control
November 30, 2019. The amendment to
§ 10.240 contains new or modified DATES: The amendment to § 54.310(e) Number. The OMB Control Number is
information collection requirements and published at 79 FR 39164, July 9, 2014, 3060–1252.
is effective March 13, 2018. The foregoing notice is required by
will not be effective until those
FOR FURTHER INFORMATION CONTACT: the Paperwork Reduction Act of 1995,
information collection requirements are
Alexander Minard, Wireline Public Law 104–13, October 1, 1995,
approved by the Office of Management
Competition Bureau at (202) 418–7400 and 44 U.S.C. 3507.
and Budget. The Federal
or TTY (202) 418–0484. For additional The total annual reporting burdens
Communications Commission will
information concerning the Paperwork and costs for the respondents are as
publish a document in the Federal
Reduction Act information collection follows:
Register announcing the effective date OMB Control Number: 3060–1252.
for the section. requirements contact Nicole Ongele at
OMB Approval Date: March 5, 2018.
Compliance dates: Participating CMS (202) 418–2991 or via email: OMB Expiration Date: March 31,
Providers must comply with the new Nicole.Ongele@fcc.gov. 2021.
point of sale disclosure rules by SUPPLEMENTARY INFORMATION: The Title: Application to Participate in
November 30, 2019, or as specified by Commission submitted new information Connect America Fund Phase II
publication in the Federal Register of a collection requirements for review and Auction, FCC Form 183.
document announcing approval by the approval by OMB, as required by the Form No.: FCC Form 183.
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Office of Management and Budget Paperwork Reduction Act (PRA) of Respondents: Business or other for-
(OMB) and the relevant effective date, 1995, on December 12, 2017, which profit, not-for-profit institutions, and
whichever is later. CMS Providers are were approved by the OMB on March 5, state, local or tribal governments.
required to update their WEA election 2018. The information collection Number of Respondents and
status within 120 days from the date of requirements are contained in the Responses: 500 respondents; 500
publication in the Federal Register of a Commission’s Connect America Fund responses.
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Document Created: 2018-03-13 01:56:48
Document Modified: 2018-03-13 01:56:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on March 13, 2018. | |
| 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] | |
| FR Citation | 83 FR 10796 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Reporting and Recordkeeping Requirements; Administrative Practice and Procedure and Designations and Classifications |
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