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[Federal Register Volume 79, Number 18 (Tuesday, January 28, 2014)]
[Rules and Regulations]
[Pages 4407-4409]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01500]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0173; FRL-9904-91-Region 4]

Air Quality Implementation Plan; Alabama; Attainment Plan for the 
Troy Area 2008 Lead Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a state implementation plan (SIP) revision, submitted 
by the State of Alabama through the Alabama Department of Environmental 
Management (ADEM), to EPA on November 9, 2012, for the purpose of 
providing for attainment of the 2008 Lead (Pb) National Ambient Air 
Quality Standards (NAAQS) in the Troy 2008 Lead nonattainment area 
(hereafter referred to as the ``Troy Area'' or ``Area''). The Troy Area 
is comprised of a portion of Pike County in Alabama surrounding the 
Sanders Lead Company (hereafter referred to as ``Sanders Lead''). EPA 
is taking final action to approve Alabama's November 9, 2012 SIP 
submittal regarding the attainment plan based on Alabama's attainment 
demonstration for the Troy Area. The attainment plan includes the base 
year emissions inventory requirements, an analysis of the reasonably 
available control technology (RACT) and reasonably available control 
measures (RACM) requirements, reasonable further progress (RFP) plan, 
modeling demonstration of lead attainment and contingency measures for 
the Troy Area. This action is being taken in accordance with Clean Air 
Act (CAA or Act).

DATES: This rule is effective February 27, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2013-0173. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information 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 electronically through www.regulations.gov or in hard 
copy at the Regulatory Development Section, Air Planning Branch, Air, 
Pesticides and

[[Page 4408]]

Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA 
requests that if at all possible, you contact the person listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960. Zuri Farngalo may be reached 
by phone at (404) 562-9152 or via electronic mail at 
farngalo.zuri@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is the background for this action?
II. What is the action EPA is taking?
III. Why is EPA taking this action?
IV. What are EPA's responses to comments to Alabama's November 9, 
2012 SIP submission?
V. Final action
VI. Statutory and executive order reviews

I. What is the background for this action?

    On November 12, 2008 (73 FR 66964), EPA revised the Lead NAAQS, 
lowering the level from 1.5 micrograms per cubic meter ([micro]g/m\3\) 
to 0.15 [micro]g/m\3\ calculated over a 3-month rolling average. EPA 
established the NAAQS based on significant evidence and numerous health 
studies demonstrating that serious health effects are associated with 
exposures to lead emissions.
    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the United States as attaining 
or not attaining the NAAQS; this designation process is described in 
section 107(d)(1) of the CAA. On November 22, 2010 (75 FR 71033), EPA 
promulgated initial air quality designations for the 2008 Lead NAAQS, 
which became effective on December 31, 2010, based on air quality 
monitoring data for calendar years 2007-2009, where there was 
sufficient data to support a nonattainment designation. Designations 
for all remaining areas were completed on November 22, 2011 (76 FR 
72097), which became effective on December 31, 2011, based on air 
quality monitoring data for calendar years 2008-2010. Effective 
December 31, 2010, the Troy Area was designated as nonattainment for 
the 2008 Lead NAAQS. This designation triggered a requirement for 
Alabama to submit a SIP revision with a plan for how the Area would 
attain the 2008 Lead NAAQS, as expeditiously as practicable but no 
later than December 31, 2015.
    EPA provided some guidance on attainment planning requirements for 
the Lead NAAQS in the November 2008 final rule promulgating the 
NAAQS.\1\ In addition, in July 2011, EPA provided additional guidance 
and clarification in the form of a memorandum with questions and 
answers on Lead NAAQS implementation.\2\ In April 2012, EPA also 
released the ``SIP Toolkit--Attainment Demonstrations and Air Quality 
Modeling'' (located at http://www.epa.gov/air/lead/kitmodel.html) \3\ 
with further guidance on air quality modeling for attainment 
demonstrations.
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    \1\ See 73 FR 66964. http://www.epa.gov/air/lead/kitrules.html
    \2\ Memorandum titled ``2008 Lead (Pb) National Ambient Air 
Quality Standards (NAAQS) Implementation Questions and Answers'' 
dated July 8, 2011, from Scott L. Mathias, Interim Director, Air 
Quality Policy Division.
    \3\ http://www.epa.gov/air/lead/kitrules.html.
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    ADEM submitted its 2008 Lead NAAQS attainment SIP for the Troy Area 
on November 9, 2012, which included the base year emissions inventory 
and the attainment demonstration. EPA proposed to approve the Troy Area 
attainment SIP for the 2008 Lead NAAQS on September 6, 2013. EPA's 
analysis of the submitted attainment demonstration included a review of 
the pollutant addressed, emissions inventory requirements, modeling, 
RACT and RACM requirements, RFP plan, and contingency measures for the 
Troy Area. Refer to EPA's September 6, 2013, proposed rulemaking for 
detailed rationale on EPA's analysis of the Troy area attainment 
demonstration.

II. What is the action EPA is taking?

    EPA is taking final action to approve Alabama's SIP submittal for 
the Troy Area, as submitted through ADEM to EPA on November 9, 2012, 
for the purpose of demonstrating attainment of the 2008 Lead NAAQS. 
Alabama's lead attainment plan for the Troy Area includes a base year 
emissions inventory, a modeling demonstration of lead attainment, an 
analysis of RACM/RACT, a RFP plan, and contingency measures.
    EPA has determined that Alabama's attainment plan for the 2008 Lead 
NAAQS for the Troy Area meets the applicable requirements of the CAA. 
Thus, EPA is taking final action to approve Alabama's attainment plan 
for the Troy Area. EPA's analysis for this final action is discussed in 
Section IV of EPA's September 6, 2013, proposed rulemaking.

III. Why is EPA taking this action?

    EPA has determined that all the criteria for Alabama's lead 
attainment plan for the Troy Area have been met. EPA has determined 
that Alabama's November 9, 2012 SIP submission meets the applicable 
requirements of the CAA. Specifically, EPA is taking final action to 
approve Alabama's November 9, 2012 SIP submission, which includes the 
attainment demonstration, base year emissions inventory, RACM/RACT 
analysis, contingency measures and RFP plan.

IV. What are EPA's responses to comments for Alabama's November 9, 2012 
SIP submission?

    As mentioned above, the proposed rule to approve the attainment 
demonstration for the Troy Area was published on September 6, 2013. See 
78 FR 58435. EPA received one comment in response to the proposed 
approval of Alabama's attainment demonstration. The Commenter, Sanders 
Lead, generally supported EPA's action but also requested that EPA 
provide a clarification regarding contingency measures.
    Comment: The Commenter requests that EPA clarify that ``attainment 
of the Pb NAAQS is not required until December 31, 2015, and the plan's 
requirement that Sanders employ certain contingency measures if any Pb 
NAAQS exceedance occurs after 2013, is not mandated by the Act.'' The 
Commenter further states that ``while Sanders acknowledges the 
regulatory preference to adopt contingency measures in the event of an 
exceedance, employment of contingency measures may not be legally 
required by the Clean Air Act until December 31, 2015.''
    Response: The Commenter is pointing to a provision of the SIP 
submitted by Alabama that requires Sanders Lead to undertake certain 
measures in the event that an exceedance of the 2008 Pb NAAQS occurs 
after July 2013. In the Commenter's view, since the proposed (and 
final) rule establish that the attainment date for the Area is December 
31, 2015, the SIP cannot require Sanders Lead to undertake such 
contingency measures before that date. It is true that CAA section 
172(c)(9) provides that an attainment plan shall include contingency 
measures if the area fails to attain the NAAQS by the applicable 
attainment date. However, section 172(c)(9) also provides that an 
attainment plan shall include contingency measures if an area fails to

[[Page 4409]]

make reasonable further progress towards attainment by the attainment 
date. Moreover, CAA section 116 provides that nothing in the Act 
precludes the right of a State to adopt or enforce any requirement 
respecting the control or abatement of air pollution from stationary 
sources, provided that the requirement is no less stringent than 
required by the Act. Likewise, section 110(k)(3) provides that EPA 
shall approve a submittal if it meets all of the applicable 
requirements of the Act. Finally, CAA section 192(a) of the Act 
provides that the primary Pb NAAQS shall be attained as expeditiously 
as practicable.
    The aforementioned multiple CAA statutory provisions evidence 
Congressional intent to achieve the health benefits of NAAQS attainment 
as expeditiously as practicable, and to approve and enforce State 
strategies that will achieve that goal. Therefore, EPA believes it is 
entirely appropriate and consistent with the Act to approve the portion 
of Alabama's SIP submittal which requires certain measures to be 
undertaken by Sanders Lead in the event an exceedance of the Lead NAAQS 
occurs after July 2013. Even assuming it is true that Alabama was not 
required to submit this provision as part of its attainment SIP, 
Alabama certainly was authorized to elect to submit the requirement, 
and EPA has no basis under the CAA to disapprove it.

V. Final Action

    EPA is taking final action to approve Alabama's lead attainment 
plan for the Troy Area. EPA has determined that the SIP meets the 
applicable requirements of the CAA. Specifically, EPA is taking final 
action to approve Alabama's November 9, 2012, SIP submission, which 
includes the attainment demonstration, base year emissions inventory, 
RACM/RACT analysis, contingency measures and RFP plan.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submittal 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, 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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, October 7, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: December 18, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
    40 CFR Part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart B--Alabama

0
2. Section 52.50(e) is amended by adding a new entry for ``2008 Lead 
Attainment Demonstration for Troy Area'' at the end of the table to 
read as follows:

Sec.  52.50  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Alabama Non-Regulatory Provisions
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                                                            State
                                        Applicable        submittal
    Name of nonregulatory SIP          geographic or        date/       EPA approval date        Explanation
            provision               nonattainment area    effective
                                                             date
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                                                  * * * * * * *
2008 Lead Attainment               Troy Area...........      11/9/12  1/28/14 [Insert       ....................
 Demonstration for Troy Area.                                          citation of
                                                                       publication].
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[FR Doc. 2014-01500 Filed 1-27-14; 8:45 am]
BILLING CODE 6560-50-P
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