83_FR_13256 83 FR 13196 - Approval and Promulgation of Air Quality Implementation Plans; State of Montana; Revisions to East Helena Lead SIP

83 FR 13196 - Approval and Promulgation of Air Quality Implementation Plans; State of Montana; Revisions to East Helena Lead SIP

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 60 (March 28, 2018)

Page Range13196-13198
FR Document2018-06109

The Environmental Protection Agency (EPA) is taking final action to approve State Implementation Plan (SIP) revisions submitted by the state of Montana on September 11, 2013. The submittal revises the portions of the State Implementation Plan (SIP) that pertain to the East Helena Lead SIP. This action is being taken under section 110 of the Clean Air Act (CAA) (Act).

Federal Register, Volume 83 Issue 60 (Wednesday, March 28, 2018)
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Rules and Regulations]
[Pages 13196-13198]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06109]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2017-0634; FRL-9975-63--Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Montana; Revisions to East Helena Lead SIP

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve State Implementation Plan (SIP) revisions submitted 
by the state of Montana on September 11, 2013. The submittal revises 
the portions of the State Implementation Plan (SIP) that pertain to the 
East Helena Lead SIP. This action is being taken under section 110 of 
the Clean Air Act (CAA) (Act).

DATES: This final rule is effective on April 27, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification Number EPA-R08-OAR-2017-0634. All documents in 
the docket are listed on the http://www.regulations.gov index. Although 
listed in the index, some information may not be publicly available, 
e.g., Confidential Business Information or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
through http://www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado, 80202-1129. The EPA requests that you contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section to 
view the hard copy of the docket. You may view the hard copy of the 
docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 
Wynkoop, Denver, Colorado 80202-1129, (303) 312-6227, 
leone.kevin@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    The EPA is taking final action pertaining to SIP revisions that 
stem from a June 10, 2013, Montana Board of Environmental Review Order 
(Board Order) which removes a stipulated condition in an August 4, 1995 
Board Order. The condition limited the allowable concentration of lead 
in raw feed material at the American Chemet Corporation's East Helena 
facility. Specifically, American Chemet requested a change to the 1995 
Board Order which would eliminate Exhibit A, Section 3, Subsection B. 
This subsection reads:

    ``Feed Material into the plant shall have a quarterly average 
lead content of less than 0.15%, and an average annual lead content 
of less than 0.10%.''

    All other East Helena Lead SIP provisions, including direct 
numerical limits on lead emissions from American Chemet Corporation's 
East Helena facility, would remain unchanged.
    On January 12, 2018, the EPA published a proposed rulemaking for 
this action (83 FR 1602). The proposed rulemaking discussed the history 
of the East Helena lead SIP, including the lead in feed limits that 
were created in the 1995 Board Order in order to address the area's 
nonattainment status for the 1978 lead National Ambient Air Quality 
Standard (NAAQS). The principal target for curtailing lead emissions 
was the American Smelting and Refining Company (ASARCO) facility, which 
was a lead smelter located adjacent to American Chemet's East Helena 
facility. In addition to shutting down its operations in 2001, ASARCO 
demolished its stacks in 2009. The EPA subsequently promulgated a new, 
more stringent, lead NAAQS standard (0.15 ug/m\3\). The final lead 
NAAQS rulemaking was published on November 12, 2008 (73 FR 66964) and 
effective December 31, 2011. The entire state of Montana, including the 
East Helena area, was designated as ``Unclassifiable/Attainment'' for 
the 2008 lead NAAQS.
    In response to the DEQ's request for the EPA's guidance concerning 
modifying the 1995 Board order to eliminate Exhibit A, Section 3, 
Subsection B, the EPA sent a letter dated December 18, 2009 (see 
docket) which outlined conditions which the state of Montana must meet 
in order for Exhibit A, Section 3, Subsection B to be removed from the 
East Helena lead SIP and, as outlined in 83 FR 1602, those conditions 
have been met. For details, please see the January 12, 2018 notice 
proposing approval of the revision.

II. Response to Comments

    The EPA received two public comments on our proposed action to 
approve Montana's September 11, 2013 SIP submittal. One comment was 
submitted by Neal Blossom, Director of Global Environmental and 
Regulatory Affairs for American Chemet Corporation. The other comment 
was submitted anonymously. Below is a summary of the comments and the 
EPA's responses.
    Comment: American Chemet Corporation supports the EPA's approval of 
the SIP revisions submitted

[[Page 13197]]

by the state of Montana on September 11, 2013, because the air quality 
in the area will remain in compliance with the NAAQS standard, as 
demonstrated by the modeling analysis submitted.
    Response: The EPA agrees that final approval of the revisions 
submitted by the state of Montana on September 11, 2013, will maintain 
compliance with the lead NAAQS standard, as demonstrated by the 
modeling analysis submitted.
    Comment: The anonymous commenter made various statements about the 
Endangered Species Act, the National Environmental Policy Act, and 
cost-benefit analysis in general. The commenter also alleged 
unspecified impacts of unspecified regulations.
    Response: After reviewing the comments, the EPA has determined that 
the comments are outside the scope of our proposed action or fail to 
identify any material issue necessitating a response.

III. Final Action

    The EPA is taking final action to approve the revisions to 
Montana's 1995 Board Order to remove Exhibit A, Section 3, Subsection 
B.
    Section 110(l) of the CAA prohibits the EPA from approving any SIP 
revision that would interfere with any applicable requirement 
concerning attainment and reasonable further progress (RFP) or any 
other applicable requirement of the CAA. For the reasons explained in 
our January 12, 2018 proposed rulemaking notice, the removal of Exhibit 
A, Section 3, Subsection B satisfies the conditions set forth in 
section 110(l).
    Section 193 of the CAA, which only applies to nonattainment areas, 
prohibits the modification of a SIP-approved control requirement in 
effect before November 15, 1990, unless the modification insures 
equivalent or greater emissions reductions of such air pollutant. CAA 
section 193 does not apply to this revision because the American Chemet 
limits were approved into the SIP after November 15, 1990.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of a revised 
State of Montana Board Order as described in section III of this 
preamble. The EPA has made, and will continue to make, these materials 
generally available through and at the EPA Region 8 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information). Therefore, these 
materials have been approved by the EPA for inclusion in the state 
implementation plan, have been incorporated by reference by the EPA 
into that plan, are fully federally enforceable under sections 110 and 
113 of the CAA as of the effective date of the final rulemaking of the 
EPA's approval, and will be incorporated by reference by the Director 
of the Federal Register in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 Fed. Reg. 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state actions, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves some state law provisions as meeting federal 
requirements; this action 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 expected to be an Executive Order 13771 regulatory 
action because this action is not significant 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 Clean Air Act; and
     Does not provide the 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 does not apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 29, 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Incorporation by reference, Lead, Nitrogen 
dioxide, Ozone, Particulate

[[Page 13198]]

matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: March 22, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart BB--Montana

0
2. Section 52.1370 is amended in the table in paragraph (d) under the 
centered heading ``(4) Lewis and Clark County'' by revising the entry 
for ``Lead NAAQS--Board Orders, Stipulations, Exhibits, and 
Attachments, Exhibit A--American Chemet Emissions Limitations and 
Conditions, American Chemet Corporation, East Helena, Montana'' to read 
as follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (d) * * *

----------------------------------------------------------------------------------------------------------------
                                                          Notice of
            Title/subject                   State        final rule                   NFR citation
                                       effective date       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           (4) Lewis and Clark County
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Lead NAAQS--Board Orders,                  06/10/2013       3/28/2018  [insert Federal Register citation].
 Stipulations, Exhibits, and
 Attachments, Exhibit A--American
 Chemet Emissions Limitations and
 Conditions, American Chemet
 Corporation, East Helena, Montana.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-06109 Filed 3-27-18; 8:45 am]
 BILLING CODE 6560-50-P



                                             13196               Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations

                                                       EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued
                                                    Code of
                                                   Maryland                                                    State
                                                 Administrative                                                                                                          Additional explanation/citation at 40
                                                                                Title/subject                 effective                  EPA approval date
                                                  Regulations                                                                                                                       CFR 52.1100
                                                                                                                date
                                                   (COMAR)
                                                    citation

                                             26.11.30.06 .......     Sulfur Compounds ................          7/20/2015     3/28/2018, [insert Federal Register
                                                                                                                                citation].
                                             26.11.30.07 .......     Nitrogen Oxides (NOX) .........            7/20/2015     3/28/2018, [insert Federal Register
                                                                                                                                citation].
                                             26.11.30.08 .......     NOX Continuous Emissions                   7/20/2015     3/28/2018, [insert Federal Register
                                                                      Monitoring Requirements.                                  citation].

                                                         *                        *                       *                      *                       *                      *                   *



                                             *       *       *       *      *                           Protection Agency (EPA), Region 8,                    1995 Board Order in order to address
                                             [FR Doc. 2018–06129 Filed 3–27–18; 8:45 am]                1595 Wynkoop Street, Denver,                          the area’s nonattainment status for the
                                             BILLING CODE 6560–50–P                                     Colorado, 80202–1129. The EPA                         1978 lead National Ambient Air Quality
                                                                                                        requests that you contact the individual              Standard (NAAQS). The principal target
                                                                                                        listed in the FOR FURTHER INFORMATION                 for curtailing lead emissions was the
                                             ENVIRONMENTAL PROTECTION                                   CONTACT section to view the hard copy                 American Smelting and Refining
                                             AGENCY                                                     of the docket. You may view the hard                  Company (ASARCO) facility, which was
                                                                                                        copy of the docket Monday through                     a lead smelter located adjacent to
                                             40 CFR Part 52                                             Friday, 8:00 a.m. to 4:00 p.m., excluding             American Chemet’s East Helena facility.
                                             [EPA–R08–OAR–2017–0634; FRL–9975–                          federal holidays.                                     In addition to shutting down its
                                             63—Region 8]                                               FOR FURTHER INFORMATION CONTACT:                      operations in 2001, ASARCO
                                                                                                        Kevin Leone, Air Program, U.S.                        demolished its stacks in 2009. The EPA
                                             Approval and Promulgation of Air                           Environmental Protection Agency,                      subsequently promulgated a new, more
                                             Quality Implementation Plans; State of                     Region 8, Mailcode 8P–AR, 1595                        stringent, lead NAAQS standard (0.15
                                             Montana; Revisions to East Helena                          Wynkoop, Denver, Colorado 80202–                      ug/m3). The final lead NAAQS
                                             Lead SIP                                                   1129, (303) 312–6227, leone.kevin@                    rulemaking was published on November
                                                                                                        epa.gov.                                              12, 2008 (73 FR 66964) and effective
                                             AGENCY:  Environmental Protection
                                                                                                                                                              December 31, 2011. The entire state of
                                             Agency (EPA).                                              SUPPLEMENTARY INFORMATION:
                                                                                                                                                              Montana, including the East Helena
                                             ACTION: Final rule.                                        I. Background                                         area, was designated as ‘‘Unclassifiable/
                                                                                                                                                              Attainment’’ for the 2008 lead NAAQS.
                                             SUMMARY:    The Environmental Protection                      The EPA is taking final action
                                                                                                                                                                 In response to the DEQ’s request for
                                             Agency (EPA) is taking final action to                     pertaining to SIP revisions that stem
                                                                                                                                                              the EPA’s guidance concerning
                                             approve State Implementation Plan                          from a June 10, 2013, Montana Board of
                                                                                                                                                              modifying the 1995 Board order to
                                             (SIP) revisions submitted by the state of                  Environmental Review Order (Board
                                                                                                                                                              eliminate Exhibit A, Section 3,
                                             Montana on September 11, 2013. The                         Order) which removes a stipulated
                                                                                                                                                              Subsection B, the EPA sent a letter
                                             submittal revises the portions of the                      condition in an August 4, 1995 Board
                                                                                                                                                              dated December 18, 2009 (see docket)
                                             State Implementation Plan (SIP) that                       Order. The condition limited the
                                                                                                                                                              which outlined conditions which the
                                             pertain to the East Helena Lead SIP.                       allowable concentration of lead in raw
                                                                                                                                                              state of Montana must meet in order for
                                             This action is being taken under section                   feed material at the American Chemet
                                                                                                                                                              Exhibit A, Section 3, Subsection B to be
                                             110 of the Clean Air Act (CAA) (Act).                      Corporation’s East Helena facility.
                                                                                                                                                              removed from the East Helena lead SIP
                                             DATES: This final rule is effective on                     Specifically, American Chemet
                                                                                                                                                              and, as outlined in 83 FR 1602, those
                                             April 27, 2018.                                            requested a change to the 1995 Board
                                                                                                                                                              conditions have been met. For details,
                                             ADDRESSES: The EPA has established a
                                                                                                        Order which would eliminate Exhibit A,
                                                                                                                                                              please see the January 12, 2018 notice
                                             docket for this action under Docket                        Section 3, Subsection B. This subsection
                                                                                                                                                              proposing approval of the revision.
                                             Identification Number EPA–R08–OAR–                         reads:
                                             2017–0634. All documents in the docket                       ‘‘Feed Material into the plant shall have a         II. Response to Comments
                                             are listed on the http://                                  quarterly average lead content of less than             The EPA received two public
                                             www.regulations.gov index. Although                        0.15%, and an average annual lead content             comments on our proposed action to
                                             listed in the index, some information                      of less than 0.10%.’’                                 approve Montana’s September 11, 2013
                                             may not be publicly available, e.g.,                         All other East Helena Lead SIP                      SIP submittal. One comment was
                                             Confidential Business Information or                       provisions, including direct numerical                submitted by Neal Blossom, Director of
                                             other information whose disclosure is                      limits on lead emissions from American                Global Environmental and Regulatory
                                             restricted by statute. Certain other                       Chemet Corporation’s East Helena                      Affairs for American Chemet
                                             material, such as copyrighted material,                    facility, would remain unchanged.                     Corporation. The other comment was
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                                             will be publicly available only in hard                      On January 12, 2018, the EPA                        submitted anonymously. Below is a
                                             copy. Publicly available docket                            published a proposed rulemaking for                   summary of the comments and the
                                             materials are available either                             this action (83 FR 1602). The proposed                EPA’s responses.
                                             electronically through http://                             rulemaking discussed the history of the                 Comment: American Chemet
                                             www.regulations.gov or in hard copy at                     East Helena lead SIP, including the lead              Corporation supports the EPA’s
                                             the Air Program, Environmental                             in feed limits that were created in the               approval of the SIP revisions submitted


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                                                              Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations                                           13197

                                             by the state of Montana on September                    INFORMATION CONTACT    section of this                     • Is not subject to requirements of
                                             11, 2013, because the air quality in the                preamble for more information).                         section 12(d) of the National
                                             area will remain in compliance with the                 Therefore, these materials have been                    Technology Transfer and Advancement
                                             NAAQS standard, as demonstrated by                      approved by the EPA for inclusion in                    Act of 1995 (15 U.S.C. 272 note) because
                                             the modeling analysis submitted.                        the state implementation plan, have                     application of those requirements would
                                               Response: The EPA agrees that final                   been incorporated by reference by the                   be inconsistent with the Clean Air Act;
                                             approval of the revisions submitted by                  EPA into that plan, are fully federally                 and
                                             the state of Montana on September 11,                   enforceable under sections 110 and 113                     • Does not provide the EPA with the
                                             2013, will maintain compliance with                     of the CAA as of the effective date of the              discretionary authority to address, as
                                             the lead NAAQS standard, as                             final rulemaking of the EPA’s approval,                 appropriate, disproportionate human
                                             demonstrated by the modeling analysis                   and will be incorporated by reference by                health or environmental effects, using
                                             submitted.                                              the Director of the Federal Register in                 practicable and legally permissible
                                               Comment: The anonymous                                the next update to the SIP compilation.1                methods, under Executive Order 12898
                                             commenter made various statements                                                                               (59 FR 7629, February 16, 1994).
                                             about the Endangered Species Act, the                   V. Statutory and Executive Order                           • In addition, the SIP does not apply
                                             National Environmental Policy Act, and                  Reviews                                                 on any Indian reservation land or in any
                                             cost-benefit analysis in general. The                      Under the CAA, the Administrator is                  other area where the EPA or an Indian
                                             commenter also alleged unspecified                      required to approve a SIP submission                    tribe has demonstrated that a tribe has
                                             impacts of unspecified regulations.                     that complies with the provisions of the                jurisdiction. In those areas of Indian
                                               Response: After reviewing the                         Act and applicable federal regulations.                 country, the rule does not have tribal
                                             comments, the EPA has determined that                   42 U.S.C. 7410(k); 40 CFR 52.02(a).                     implications and will not impose
                                             the comments are outside the scope of                   Thus, in reviewing SIP submissions, the                 substantial direct costs on tribal
                                             our proposed action or fail to identify                 EPA’s role is to approve state actions,                 governments or preempt tribal law as
                                             any material issue necessitating a                      provided that they meet the criteria of                 specified by Executive Order 13175 (65
                                             response.                                               the CAA. Accordingly, this action                       FR 67249, November 9, 2000).
                                                                                                     merely approves some state law                             The Congressional Review Act, 5
                                             III. Final Action                                                                                               U.S.C. 801 et seq., as added by the Small
                                                                                                     provisions as meeting federal
                                                The EPA is taking final action to                    requirements; this action does not                      Business Regulatory Enforcement
                                             approve the revisions to Montana’s 1995                 impose additional requirements beyond                   Fairness Act of 1996, generally provides
                                             Board Order to remove Exhibit A,                        those imposed by state law. For that                    that before a rule may take effect, the
                                             Section 3, Subsection B.                                reason, this action:                                    agency promulgating the rule must
                                                Section 110(l) of the CAA prohibits                                                                          submit a rule report, which includes a
                                                                                                        • Is not a significant regulatory action
                                             the EPA from approving any SIP                                                                                  copy of the rule, to each House of the
                                                                                                     subject to review by the Office of
                                             revision that would interfere with any                                                                          Congress and to the Comptroller General
                                                                                                     Management and Budget under
                                             applicable requirement concerning                                                                               of the United States. The EPA will
                                                                                                     Executive Orders 12866 (58 FR 51735,
                                             attainment and reasonable further                                                                               submit a report containing this action
                                                                                                     October 4, 1993) and 13563 (76 FR 3821,
                                             progress (RFP) or any other applicable                                                                          and other required information to the
                                                                                                     January 21, 2011);
                                             requirement of the CAA. For the reasons                                                                         U.S. Senate, the U.S. House of
                                                                                                        • Is not expected to be an Executive
                                             explained in our January 12, 2018                                                                               Representatives, and the Comptroller
                                                                                                     Order 13771 regulatory action because
                                             proposed rulemaking notice, the                                                                                 General of the United States prior to
                                                                                                     this action is not significant under
                                             removal of Exhibit A, Section 3,                                                                                publication of the rule in the Federal
                                                                                                     Executive Order 12866;
                                             Subsection B satisfies the conditions set                                                                       Register. A major rule cannot take effect
                                                                                                        • Does not impose an information
                                             forth in section 110(l).                                                                                        until 60 days after it is published in the
                                                Section 193 of the CAA, which only                   collection burden under the provisions
                                                                                                                                                             Federal Register. This action is not a
                                             applies to nonattainment areas,                         of the Paperwork Reduction Act (44
                                                                                                                                                             ‘‘major rule’’ as defined by 5 U.S.C.
                                             prohibits the modification of a SIP-                    U.S.C. 3501 et seq.);
                                                                                                                                                             804(2).
                                             approved control requirement in effect                     • Is certified as not having a                          Under section 307(b)(1) of the CAA,
                                             before November 15, 1990, unless the                    significant economic impact on a                        petitions for judicial review of this
                                             modification insures equivalent or                      substantial number of small entities                    action must be filed in the United States
                                             greater emissions reductions of such air                under the Regulatory Flexibility Act (5                 Court of Appeals for the appropriate
                                             pollutant. CAA section 193 does not                     U.S.C. 601 et seq.);                                    circuit by May 29, 2018. Filing a
                                             apply to this revision because the                         • Does not contain any unfunded                      petition for reconsideration by the
                                             American Chemet limits were approved                    mandate or significantly or uniquely                    Administrator of this final rule does not
                                             into the SIP after November 15, 1990.                   affect small governments, as described                  affect the finality of this action for the
                                                                                                     in the Unfunded Mandates Reform Act                     purposes of judicial review nor does it
                                             IV. Incorporation by Reference                          of 1995 (Pub. L. 104–4);                                extend the time within which a petition
                                               In this rule, the EPA is finalizing                      • Does not have federalism                           for judicial review may be filed, and
                                             regulatory text that includes                           implications as specified in Executive                  shall not postpone the effectiveness of
                                             incorporation by reference. In                          Order 13132 (64 FR 43255, August 10,                    such rule or action. This action may not
                                             accordance with requirements of 1 CFR                   1999);                                                  be challenged later in proceedings to
                                             51.5, the EPA is finalizing the                            • Is not an economically significant                 enforce its requirements. (See CAA
                                             incorporation by reference of a revised                 regulatory action based on health or                    section 307(b)(2).)
                                             State of Montana Board Order as                         safety risks subject to Executive Order
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                                             described in section III of this preamble.              13045 (62 FR 19885, April 23, 1997);                    List of Subjects in 40 CFR Part 52
                                             The EPA has made, and will continue                        • Is not a significant regulatory action               Environmental protection, Air
                                             to make, these materials generally                      subject to Executive Order 13211 (66 FR                 pollution control, Carbon monoxide,
                                             available through and at the EPA Region                 28355, May 22, 2001);                                   Intergovernmental relations,
                                             8 Office (please contact the person                                                                             Incorporation by reference, Lead,
                                             identified in the FOR FURTHER                             1 62   Fed. Reg. 27968 (May 22, 1997).                Nitrogen dioxide, Ozone, Particulate


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                                             13198            Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations

                                             matter, Reporting and recordkeeping                     PART 52—APPROVAL AND                                         centered heading ‘‘(4) Lewis and Clark
                                             requirements, Sulfur oxides, Volatile                   PROMULGATION OF                                              County’’ by revising the entry for ‘‘Lead
                                             organic compounds.                                      IMPLEMENTATION PLANS                                         NAAQS—Board Orders, Stipulations,
                                                                                                                                                                  Exhibits, and Attachments, Exhibit A—
                                                Authority: 42 U.S.C. 7401 et seq.
                                                                                                     ■ 1. The authority citation for part 52                      American Chemet Emissions
                                               Dated: March 22, 2018.                                continues to read as follows:                                Limitations and Conditions, American
                                             Douglas H. Benevento,                                       Authority: 42 U.S.C. 7401 et seq.                        Chemet Corporation, East Helena,
                                             Regional Administrator, Region 8.                                                                                    Montana’’ to read as follows:
                                                                                                     Subpart BB—Montana
                                               40 CFR part 52 is amended to read as                                                                               § 52.1370     Identification of plan.
                                             follows:                                                ■ 2. Section 52.1370 is amended in the                       *       *    *         *     *
                                                                                                     table in paragraph (d) under the                                 (d) * * *

                                                                                                                                                State effective       Notice of final
                                                                                    Title/subject                                                                                               NFR citation
                                                                                                                                                     date               rule date


                                                       *                       *                         *                      *                         *                          *                    *

                                                                                                                 (4) Lewis and Clark County


                                                    *                    *                *                  *                                           *                        *                       *
                                             Lead NAAQS—Board Orders, Stipulations, Exhibits, and Attachments, Exhibit                             06/10/2013             3/28/2018      [insert Federal Register ci-
                                               A—American Chemet Emissions Limitations and Conditions, American                                                                             tation].
                                               Chemet Corporation, East Helena, Montana.

                                                       *                       *                         *                      *                         *                          *                    *



                                             [FR Doc. 2018–06109 Filed 3–27–18; 8:45 am]             implementation of the 2008 lead                              Chicago, Illinois 60604, (312) 353–4489,
                                             BILLING CODE 6560–50–P                                  NAAQS. EPA proposed this action on                           svingen.eric@epa.gov.
                                                                                                     October 18, 2017, and received two                           SUPPLEMENTARY INFORMATION:
                                                                                                     public comments in response.                                 Throughout this document whenever
                                             ENVIRONMENTAL PROTECTION                                DATES: This final rule is effective on                       ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                             AGENCY                                                  March 28, 2018.                                              EPA. This supplementary information
                                                                                                     ADDRESSES: EPA has established a
                                                                                                                                                                  section is arranged as follows: Is used,
                                             40 CFR Parts 52 and 81
                                                                                                     docket for this action under Docket ID                       we mean EPA. This supplementary
                                             [EPA–R05–OAR–2016–0593; FRL–9975–
                                                                                                     No. EPA–R05–OAR–2016–0593. All                               information section is arranged as
                                             93—Region 5]                                                                                                         follows:
                                                                                                     documents in the docket are listed on
                                             Air Plan Approval; Illinois;                            the www.regulations.gov website.                             I. What is the background for this final rule?
                                             Redesignation of the Chicago and                        Although listed in the index, some                           II. What are EPA’s responses to comments?
                                                                                                     information is not publicly available,                       III. What actions is EPA taking?
                                             Granite City Areas to Attainment of the                                                                              IV. Incorporation by Reference
                                             2008 Lead Standard                                      i.e., Confidential Business Information
                                                                                                                                                                  V. Statutory and Executive Order Reviews
                                                                                                     (CBI) or other information whose
                                             AGENCY:  Environmental Protection                       disclosure is restricted by statute.                         I. What is the background for this final
                                             Agency (EPA).                                           Certain other material, such as                              rule?
                                             ACTION: Final rule.                                     copyrighted material, is not placed on                         On November 12, 2008 (73 FR 66964),
                                             SUMMARY:   The Environmental Protection                 the internet and will be publicly                            EPA established the 2008 primary and
                                             Agency (EPA) is approving the Illinois                  available only in hard copy form.                            secondary lead NAAQS at 0.15
                                             Environmental Protection Agency’s                       Publicly available docket materials are                      micrograms per cubic meter (mg/m3)
                                             (Illinois EPA’s) request to redesignate                 available either through                                     based on a maximum arithmetic 3-
                                             the Chicago and Granite City                            www.regulations.gov or at the                                month mean concentration for a 3-year
                                             nonattainment areas (hereafter also                     Environmental Protection Agency,                             period. See 40 CFR 50.16.
                                             referred to as the ‘‘areas’’) to attainment             Region 5, Air and Radiation Division, 77                       On November 22, 2010 (75 FR 71033),
                                             for the 2008 national ambient air quality               West Jackson Boulevard, Chicago,                             and November 22, 2011 (76 FR 72097),
                                             standards (NAAQS or standards) for                      Illinois 60604. This facility is open from                   EPA designated the Granite City and
                                             lead, also identified as Pb. EPA is also                8:30 a.m. to 4:30 p.m., Monday through                       Chicago areas, respectively, as
                                             approving, as revisions to the Illinois                 Friday, excluding Federal holidays. We                       nonattainment for the 2008 lead
                                             state implementation plan (SIP): The                    recommend that you telephone Eric                            NAAQS. See 40 CFR 81.314.
                                             state’s plan for maintaining the 2008                   Svingen, Environmental Engineer, at                            On January 9, 2014, Illinois EPA
                                             lead NAAQS in the areas for a period of                 (312) 353–4489 before visiting the                           submitted to EPA attainment plans for
                                             ten years following these redesignations;               Region 5 office.                                             the 2008 lead NAAQS. This submission
daltland on DSKBBV9HB2PROD with RULES




                                             the emissions inventories for the areas;                FOR FURTHER INFORMATION CONTACT: Eric                        included a request to incorporate into
                                             and rules applying emission limits and                  Svingen, Environmental Engineer,                             the Illinois SIP new rules for lead
                                             other control requirements to lead                      Attainment Planning and Maintenance                          emission sources at Title 35 Illinois
                                             sources in the areas. EPA is taking these               Section, Air Programs Branch (AR–18J),                       Administrative Code (Ill. Adm. Code)
                                             actions in accordance with applicable                   Environmental Protection Agency,                             Part 226. On June 17, 2014, Illinois EPA
                                             regulations and guidance that address                   Region 5, 77 West Jackson Boulevard,                         supplemented this submission with


                                        VerDate Sep<11>2014   16:22 Mar 27, 2018   Jkt 244001   PO 00000     Frm 00016   Fmt 4700   Sfmt 4700    E:\FR\FM\28MRR1.SGM        28MRR1



Document Created: 2018-11-01 08:56:21
Document Modified: 2018-11-01 08:56:21
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
ActionFinal rule.
DatesThis final rule is effective on April 27, 2018.
ContactKevin Leone, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-6227, [email protected]
FR Citation83 FR 13196 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Intergovernmental Relations; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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