Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Rules and Regulations 71033 

emissions from Colorado sources do not 

have such an impact on other states for 

purposes of the 1997 8-hour ozone 

NAAQS. Therefore, the State’s SIP does 

not need to include additional 

substantive controls to reduce emissions 

for purposes of section 110(a)(2)(D)(i)(I) 

for these NAAQS. In a Federal Register 

action of June 3, 2010 EPA approved 

those portions of the Interstate 

Transport SIP submitted by the State of 

Colorado on June 18, 2009 addressing 

the requirement of Section 

110(a)(2)(D)(i)(I) that emissions from 

sources in that State do not 

‘‘significantly contribute’’ to violations 

of the 1997 8-hour ozone NAAQS in any 

other state. 

IV. Statutory and Executive Order 

Review 

Under the Clean Air Act, 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, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

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, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, 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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 21, 2011. 

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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: November 9, 2010. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart G—Colorado 

■ 2. Section 52.352 is revised to read as 

follows: 

§ 52.352 Interstate transport. 

Addition to the Colorado State 

Implementation Plan of the Colorado 

Interstate Transport SIP regarding the 

1997 8-Hour Ozone Standard for the 

‘‘significant contribution’’ and the 

‘‘interfere with maintenance’’ 

requirements, as adopted by the 

Colorado Air Quality Control 

Commission on December 30, 2008, 

State effective January 30, 2009, and 

submitted by the Governor’s designee 

on June 18, 2009. 

[FR Doc. 2010–29245 Filed 11–19–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2009–0443; FRL–9230–4] 

RIN–2060–AP78 

Air Quality Designations for the 2008 

Lead (Pb) National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This rule establishes air 

quality designations for certain areas in 

the United States for the 2008 lead (Pb) 

National Ambient Air Quality Standards 

(NAAQS). Based on air quality 

monitoring data, EPA is issuing this rule 

to identify areas that do not meet the 

2008 Pb NAAQS and areas that 

contribute to Pb air pollution in a 

nearby area that does not meet the Pb 

NAAQS. EPA is deferring designation 

for all other areas of the United States, 

including Indian country, pending 

collection and review of additional data 

from recently deployed Pb monitors. 

The Clean Air Act (CAA) requires areas 

designated nonattainment by this rule to 

undertake certain planning and 

pollution control activities to attain the 

standards as quickly as reasonably 

possible. 


jlentini on DSKJ8SOYB1PROD with RULES
71034 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Rules and Regulations 

DATES: Effective Date: The effective date 

of this rule is December 31, 2010. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2009–0443. All 

documents in the docket are listed in 

the index at http://www.regulations.gov. 

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 electronically in the 

docket or in hard copy at the Docket, 

EPA/DC, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m. Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Office 

of Air and Radiation Docket and 

Information Center is (202) 566–1742. 

In addition, EPA has established a 

Web site for this rulemaking at: 

http://www.epa.gov/leaddesignations/ 

2008standards/index.html. The Web 

site includes EPA’s final state and tribal 

designations, as well as state initial 

recommendation letters, EPA 

modification letters, technical support 

documents, responses to comments and 

other related technical information. 

FOR FURTHER INFORMATION CONTACT: 

Rhonda Wright, Office of Air Quality 

Planning and Standards, U.S. 

Environmental Protection Agency, Mail 

Code C539–04, Research Triangle Park, 

NC 27711, phone number (919) 541– 

1087 or by e-mail at: 

wright.rhonda@epa.gov; or Tom 

Rosendahl, Office of Air Quality 

Planning and Standards, U.S. 

Environmental Protection Agency, Mail 

Code C539–04, Research Triangle Park, 

NC 27711, phone number (919) 541– 

5314 or by e-mail at: 

rosendahl.tom@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Regional Office Contacts 

Region I—Robert McConnell (617) 

918–1046, 

Region II—Mazeeda Khan (212) 637– 

3715, 

Region III—Melissa Linden (215) 814– 

2096, 

Region IV—Lynorae Benjamin (404) 

562–9040, 

Region V—Andy Chang (312) 886– 

0258, 

Region VI—Emad Shahin (214) 665– 

6717, 

Region VII—Stephanie Doolan (913) 

551–7719, 

Region VIII—Kevin Leone (303) 312– 

6227, 

Region IX—Ginger Vagenas (415) 

972–3964, 

Region X—Steve Body (206) 553– 

0782. 

The public may inspect the rule and 

state-specific technical support 

information at the following locations: 

Regional offices States 

Dave Conroy, Chief, Air Programs Branch, EPA New England, 1 Congress Street, Suite 1100, Boston, MA 02114–2023, (617) 918–1661.Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, 

and Vermont. 

Raymond Werner, Chief, Air Programs Branch, EPA Region II, 290 

Broadway, 25th Floor, New York, NY 10007–1866, (212) 637–3706.

New Jersey, New York, Puerto Rico, and Virgin Islands. 

Cristina Fernandez, Branch Chief, Air Quality Planning Branch, EPA 

Region III, 1650 Arch Street, Philadelphia, PA 19103–2187, (215) 

814–2178.

Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and 

West Virginia. 

Richard A. Schutt, Chief, Air Planning Branch, EPA Region IV, Sam 

Nunn Atlanta Federal Center, 61 Forsyth Street, SW., 12th Floor, Atlanta, GA 30303, (404) 562–9033.

Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, 

South Carolina, and Tennessee. 

Jay Bortzer, Chief, Air Programs Branch, EPA Region V, 77 West 

Jackson Street, Chicago, IL 60604, (312) 886–1430.

Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. 

Guy Donaldson, Chief, Air Planning Section, EPA Region VI, 1445 

Ross Avenue, Dallas, TX 75202, (214) 665–7242.

Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. 

Joshua A. Tapp, Chief, Air Programs Branch, EPA Region VII, 901 

North 5th Street, Kansas City, KS 66101–2907, (913) 551–7606.

Iowa, Kansas, Missouri, and Nebraska. 

Monica Morales, Leader, Air Quality Planning Unit, EPA Region VIII, 

U.S. EPA Region VIII, 1595 Wynkoop Street, Denver, CO 80202– 

1129, (303) 312–6936.

Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. 

Lisa Hanf, Air Planning Office, EPA Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105, (415) 972–3854.

American Samoa, Arizona, California, Guam, Hawaii, Nevada, and 

Northern Mariana Islands. 

Mahbubul Islam, Manager, State and Tribal Air Programs, EPA Region 

X, Office of Air, Waste, and Toxics, Mail Code OAQ–107, 1200 Sixth 

Avenue, Seattle, WA 98101, (206) 553–6985.

Alaska, Idaho, Oregon, and Washington. 

Table of Contents 

The following is an outline of the 

Preamble. 

I. Preamble Glossary of Terms and Acronyms 

II. What is the purpose of this document? 

III. What is lead? 

IV. What are the health and welfare concerns 

addressed by the Pb standards? 

V. What are the CAA requirements for air 

quality designations and what action has 

EPA taken to meet these requirements? 

VI. What guidance did EPA issue and how 

did EPA apply the statutory 

requirements and applicable guidance to 

determine area designations and 

boundaries? 

VII. What air quality data has EPA used? 

VIII. How do designations affect Indian 

country? 

IX. Where can I find information forming the 

basis for this rule and exchanges 

between EPA, states, and tribes related to 

this rule? 

X. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Rules and Regulations 71035 

1 In addition, as discussed in the proposed and 

final Pb NAAQS rules, all states are required to 

submit SIPs pursuant to section 110(a)(1) 

(‘‘infrastructure SIPs’’) within 3 years of 

promulgation of the new standard. 

L. Judicial Review 

I. Preamble Glossary of Terms and 

Acronyms 

The following are abbreviations of terms 

used in the preamble. 

APA Administrative Procedure Act 

AQS Air Quality System 

CAA Clean Air Act 

CBI Confidential Business Information 

CFR Code of Federal Regulations 

D.C. District of Columbia 

EO Executive Order 

EPA Environmental Protection Agency 

FR Federal Register 

FRM Federal Reference Method 

IQ Intelligence Quotient 

NAAQS National Ambient Air Quality 

Standards 

NTTAA National Technology Transfer and 

Advancement Act 

OMB Office of Management and Budget 

Pb Lead 

PM Particulate Matter 

RFA Regulatory Flexibility Act 

RIA Regulatory Impact Analysis 

SBA Small Business Administration 

SIP State Implementation Plan 

UMRA Unfunded Mandate Reform Act of 

1995 

TAR Tribal Authority Rule 

TSD Technical Support Document 

TSP Total Suspended Particulate 

TPY Tons Per Year 

U.S. United States 

VCS Voluntary Consensus Standards 

II. What is the purpose of this 

document? 

The purpose of this action is to 

announce and promulgate designations 

and boundaries for areas of the country 

not meeting the 2008 Pb NAAQS based 

on available information, in accordance 

with the requirements of the CAA. The 

list of areas being designated 

nonattainment in each state, and the 

boundaries of each area, appear in the 

table at the end of this final rule. EPA 

has been working closely with the states 

involved in these designations and 

several steps have been taken to 

announce that this rule is available. EPA 

has posted the notice on several EPA 

Web sites and provided a copy of the 

rule to those states with nonattainment 

areas. 

This notice identifies the 16 areas 

being designated as nonattainment areas 

for the 2008 Pb NAAQS. The basis for 

designating these areas as 

‘‘nonattainment’’ is monitored air quality 

data from calendar years 2007–2009 

indicating a violation of the NAAQS. 

For these areas being designated 

nonattainment, states must develop a 

State Implementation Plan (SIP) that 

meets the requirements of section 172(c) 

and 191 of the CAA and provides for 

attainment of the NAAQS as 

expeditiously as practicable, but no later 

than December 31, 2015. These SIPs 

must be submitted to EPA within 

eighteen months of the effective date of 

these designations, i.e., by June 30, 

2012.1

III. What is lead? 

Lead (Pb) is a metal found naturally 

in the environment and present in some 

manufactured products. The major 

sources of Pb air emissions were 

historically motor vehicles (such as cars 

and trucks) and industrial sources. 

Motor vehicle emissions of Pb have 

been dramatically reduced with the 

phase-out of leaded gasoline, but Pb is 

still used as an additive in general 

aviation gasoline used in piston-engine 

aircraft and remains a trace contaminant 

in other fuels. Larger industrial sources 

of Pb emissions currently include 

metals processing, particularly primary 

and secondary Pb smelters. Lead is also 

emitted from sources such as: Iron and 

steel foundries; primary and secondary 

copper smelters; industrial, commercial, 

and institutional boilers; waste 

incinerators; glass manufacturing; and 

cement manufacturing. 

IV. What are the health and welfare 

concerns addressed by the Pb 

standards? 

Lead is generally emitted in the form 

of particles, which can end up being 

deposited in water, soil and dust. 

People may be exposed to Pb by 

inhaling it, or by ingesting leadcontaminated food, water, soil, or dust. 

Once in the body, Pb is quickly 

absorbed into the bloodstream and can 

result in a broad range of adverse health 

effects. These include damage to the 

central nervous system, cardiovascular 

function, kidneys, immune system, and 

red blood cells. Children are 

particularly vulnerable to Pb exposure, 

in part because they are more likely to 

ingest Pb and in part because their stilldeveloping bodies are more sensitive to 

the effects of Pb. Urban children are also 

of particular risk if the mother is 

exposed to lead. The harmful effects to 

children’s developing nervous systems 

(including their brains) arising from Pb 

exposure may include IQ loss, poor 

academic achievement, long-term 

learning disabilities, and an increased 

risk of delinquent behavior. 

Lead is persistent in the environment 

and accumulates in soils and sediments 

through deposition from air sources, 

direct discharge of waste streams to 

water bodies, mining, and erosion. 

Ecosystems near some longstanding 

point sources of Pb demonstrate a wide 

range of adverse effects including losses 

in biodiversity, changes in community 

composition, decreased growth and 

reproductive rates in plants and 

animals, and neurological effects in 

vertebrates. 

V. What are the CAA requirements for 

air quality designations and what 

action has EPA taken to meet these 

requirements? 

After the promulgation of a new or 

revised NAAQS, EPA is required to 

designate areas as nonattainment, 

attainment, or unclassifiable, pursuant 

to section 107(d)(1) of the CAA. The 

Administrator signed a final rule 

revising the Pb NAAQS on October 15, 

2008, which was published in the 

Federal Register on November 12, 2008, 

and became effective January 12, 2009. 

Based on the Administrator’s review of 

the scientific evidence, including 

numerous studies published since the 

last review of the Pb NAAQS, and 

taking into consideration the comments 

expressed by the Clean Air Scientific 

Advisory Committee and the public, the 

Administrator revised the standard from 

a level of 1.5 μg/m3 to a level of 0.15 

μg/m3. In addition, the Administrator 

changed the averaging time and form to 

a rolling 3-month average evaluated 

over a 3-year period. The rule also 

established new requirements for Pb 

monitoring networks, including the 

requirement that new Pb monitors be 

located in close proximity to the largest 

Pb emissions sources by January 1, 

2010. 

The process for designating areas 

following promulgation of a new or 

revised NAAQS is contained in section 

107(d) of the CAA. The CAA requires 

EPA to complete the initial area 

designation process within 2 years of 

promulgating a new or revised NAAQS. 

However, if the Administrator has 

insufficient information to make these 

designations within that time frame, 

EPA has the authority to extend the 

designation process by up to one 

additional year. In light of the new 

monitoring network which is generating 

additional information that could be 

used to support additional designations 

in the upcoming year, EPA intends to 

complete the initial area designations 

for Pb in two rounds. In this rule, EPA 

is completing the first round by 

designating as ‘‘nonattainment’’ any area 

that is violating the 2008 Pb NAAQS 

based on 2007–2009 air quality data 

from the pre-2010 monitoring network. 

For all other areas, EPA is extending the 

deadline for designations by up to 1 

year so that data from the newly 

deployed monitors can be considered in 


jlentini on DSKJ8SOYB1PROD with RULES
71036 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Rules and Regulations 

2This view was confirmed in Catawba County v. 

EPA, 571 F.3d 20 (D.C. Cir. 2009). 

making appropriate designation 

decisions. EPA intends to complete the 

second round of area designations for 

the Pb NAAQS no later than October 15, 

2011. 

By not later than 1 year after the 

promulgation of a new or revised 

NAAQS, each state Governor is required 

to recommend air quality designations, 

including the appropriate boundaries 

for areas, to EPA. EPA reviews those 

state recommendations and is 

authorized to make any modifications 

the Administrator deems necessary. The 

statute does not define the term 

‘‘necessary,’’ but EPA interprets this to 

authorize the Administrator to modify 

designations that did not meet the 

statutory requirements or were 

otherwise inconsistent with the facts or 

analysis deemed appropriate by EPA. If 

EPA is considering modifications to a 

state’s initial recommendation, EPA is 

required to notify the state of any such 

intended modifications to its 

recommendation not less than 120 days 

prior to EPA’s promulgation of the final 

designation. If the state does not agree 

with EPA’s modification, it then has an 

opportunity to respond to EPA and to 

demonstrate why it believes the 

modification proposed by EPA is 

inappropriate, as contemplated by 

section 107(d)(1)(B)(ii). Even if a state 

fails to provide any recommendation for 

an area, in whole or in part, EPA still 

must promulgate a designation that the 

Administrator deems appropriate, 

pursuant to section 107(d)(1)(B)(ii). 

Section 107(d)(1)(A)(i) of the CAA 

defines a nonattainment area as any area 

that does not meet an ambient air 

quality standard or that is contributing 

to ambient air quality in a nearby area 

that does not meet the standard. If an 

area meets either prong of this 

definition, then EPA is obligated to 

designate the area as ‘‘nonattainment.’’ 

Section 107(d)(1)(A)(iii) provides that 

any area that EPA cannot designate on 

the basis of available information as 

meeting or not meeting the standards 

should be designated as ‘‘unclassifiable.’’ 

EPA believes that section 107(d) 

provides the Agency with discretion to 

determine how best to interpret the 

terms in the definition of a 

nonattainment area (e.g., ‘‘contributes 

to’’ and ‘‘nearby’’) for a new or revised 

NAAQS, given considerations such as 

the nature of a specific pollutant, the 

types of sources that may contribute to 

violations, the form of the standards for 

the pollutant, and other relevant 

information. In particular, EPA believes 

that the statute does not require the 

Agency to establish bright line tests or 

thresholds for what constitutes 

contribution or nearby for purposes of 

designations.2

Similarly, EPA believes that the 

statute permits EPA to evaluate the 

appropriate application of the term 

‘‘area’’ to include geographic areas based 

upon full or partial county boundaries, 

and contiguous or non-contiguous areas, 

as may be appropriate for a particular 

NAAQS. For example, section 

107(d)(1)(B)(ii) explicitly provides that 

EPA can make modifications to 

designation recommendations for an 

area ‘‘or portions thereof,’’ and under 

section 107(d)(1)(B)(iv), a designation 

remains in effect for an area ‘‘or portion 

thereof’’ until EPA redesignates it. 

Designation activities for federallyrecognized tribes are covered under the 

authority of section 301(d) of the CAA. 

This provision of the CAA authorizes 

EPA to treat eligible tribes in a similar 

manner as states. Pursuant to section 

301(d)(2), we promulgated regulations, 

known as the Tribal Authority Rule 

(TAR), on February 12, 1999. 63 FR 

7254, codified at 40 CFR 49 (1999). That 

rule specifies those provisions of the 

CAA for which it is appropriate to treat 

tribes in a similar manner as states. 

Under the TAR, tribes may choose to 

develop and implement their own CAA 

programs, but are not required to do so. 

The TAR also establishes procedures 

and criteria by which tribes may request 

from EPA a determination of eligibility 

for such treatment. The designations 

process contained in section 107(d) of 

the CAA is included among those 

provisions determined to be appropriate 

by EPA for treatment of tribes in the 

same manner as states. Under the TAR, 

tribes generally are not subject to the 

same submission schedules imposed by 

the CAA on states. As authorized by the 

TAR, tribes may seek eligibility to 

submit designation recommendations to 

EPA. In addition, CAA section 301(d)(4) 

gives EPA discretionary authority, in 

cases where it determines that treatment 

of tribes as identical to states is 

‘‘inappropriate or administratively 

infeasible,’’ to provide for direct 

administration by regulation to achieve 

the appropriate purpose. 

To date, one tribe has applied under 

the TAR for eligibility to submit its own 

recommendations under section 107(d). 

Nonetheless, EPA invited all tribes to 

submit recommendations concerning 

designations for the 2008 Pb NAAQS. 

EPA worked with the tribes that 

requested an opportunity to submit 

designation recommendations. Tribes 

were provided an opportunity to submit 

their own recommendations and 

supporting documentation and could 

also comment on state 

recommendations and EPA 

modifications. 

Designation recommendations and 

supporting documentation were 

submitted by most states and a few 

tribes to EPA by October 15, 2009. After 

receiving recommendations from states 

and tribes, and after reviewing and 

evaluating each recommendation, EPA 

provided a response to the states and 

tribes on June 15, 2010. In these letter 

responses, we indicated whether EPA 

intended to make modifications to the 

initial state or tribal recommendations 

and explained EPA’s reasons for making 

any such modifications. EPA requested 

that states and tribes respond to any 

proposed EPA modifications by August 

16, 2010. We received comments from 

some states suggesting changes to EPA’s 

proposed modifications and providing 

additional information. EPA evaluated 

these comments, and all of the timely 

supporting technical information 

provided. As a result, some of the final 

designations reflect further 

modifications to the initial state and 

tribal recommendations. The state and 

tribal letters, including the initial 

recommendations, and EPA’s June 2010 

responses to those letters, including any 

modifications, and the subsequent state 

and tribal comment letters are in the 

docket for this action. 

Although not required by section 

107(d) of the CAA, EPA also provided 

an opportunity for members of the 

public to comment on EPA’s June 2010 

response letters. In order to gather 

additional information for EPA to 

consider before making final 

designations, EPA published a notice on 

July 8, 2010 (75 FR 39254) which 

invited the public to comment on EPA’s 

intended designations. In that notice, 

EPA provided the opportunity to all 

interested parties other than states and 

tribes to submit comments by August 

16, 2010. State and tribal initial 

recommendations and EPA’s responses, 

including modifications, were posted on 

a publically accessible Web Site 

(http://www.epa.gov/leaddesignations/

2008standards/index.html). Timely 

comments from the public and EPA’s 

responses to significant comments are in 

the docket for this action. 

VI. What guidance did EPA issue and 

how did EPA apply the statutory 

requirements and applicable guidance 

to determine area designations and 

boundaries? 

In the notice of proposed rulemaking 

for the revised Pb NAAQS (73 FR 

29184), EPA issued proposed guidance 

on its approach to implementing the 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Rules and Regulations 71037 

3See also, ‘‘Area Designations for the Revised 

Lead National Ambient Air Quality Standards,’’ 

memorandum to Regional Administrators, Regions 

I–X, from William Harnett, dated August 21, 2009. 

4For convenience, this notice refers to the period 

of 3 calendar years and the 2 previous months 

simply as 3 calendar years. Thus, monitoring for 

‘‘calendar years 2007–2009’’ includes data from 

November 2006 through December 2009. 

5A design value is the air quality value that is 

compared to the NAAQS to determine compliance. 

For the Pb NAAQS, the design value is the highest 

3-month site mean of daily Pb concentrations over 

36 consecutive 3-month means for 3 calendar years. 

6For additional details on how to determine 

when the 2008 Pb NAAQS have been met, see 40 

CFR part 50, Appendix R. 

standard, including its approach to 

initial area designations. EPA solicited 

comment on that guidance and, in the 

notice of final rulemaking (73 FR 

66964), adopted guidance concerning 

how to determine the boundaries for 

nonattainment areas for the Pb 

NAAQS.3 In that guidance EPA 

recommended that monitoring data from 

the three most recent calendar years be 

used to identify a violation of the Pb 

NAAQS. This is appropriate because the 

form of the Pb NAAQS is calculated 

over 36 consecutive valid 3-month site 

means (specifically for a 3 calendar year 

period and the 2 previous months).4

EPA is basing these final designations 

on monitored Pb concentrations from 

Federal Reference Method (FRM) 

monitors from calendar years 2007– 

2009. EPA notes that data from 2006– 

2008 were the most recent data available 

to states when states made their 

recommendations to EPA. Accordingly, 

although the determination of whether 

an area violates the standard was based 

on 2007–2009 data, EPA considered 

state recommendations and data from 

2006–2008 as appropriate in 

determining boundaries for 

nonattainment areas. 

In the guidance, EPA stated that the 

perimeter of a county containing a 

violating monitor would be the initial 

presumptive boundary for 

nonattainment areas, but also stated that 

the state, tribe and/or EPA could 

conduct additional area specific 

analyses that could justify establishing 

either a larger or smaller area. EPA 

indicated that the following factors 

should be considered in an analysis of 

whether to exclude portions of a county 

and whether to include additional 

nearby areas outside the county as part 

of the designated nonattainment area: 

(1) Emissions in areas potentially 

included versus excluded from the 

nonattainment area; (2) Air quality in 

potentially included versus excluded 

areas; (3) Population density and degree 

of urbanization including commercial 

development in included versus 

excluded areas; (4) Expected growth 

(including extent, pattern and rate of 

growth); (5) Meteorology (weather/ 

transport patterns); (6) Geography/ 

topography (mountain ranges or other 

air basin boundaries); (7) Jurisdictional 

boundaries (e.g., counties, air districts, 

reservations, etc.); and (8) Level of 

control of emission sources. EPA further 

indicated that we would consider 

information provided by the state 

resulting from one or more of the 

following techniques: (1) Qualitative 

analysis; (2) spatial interpolation of air 

quality monitoring data; or (3) air 

quality simulation by dispersion 

modeling. 

EPA received comments on the 

proposed guidance suggesting that 

violations of the Pb NAAQS were likely 

to occur in close proximity to stationary 

sources of Pb. In response, EPA 

indicated that it agreed that Pb 

emissions do not generally transport 

over long distances (e.g., as compared to 

fine particulate matter), and that in 

situations where a single source, rather 

than multiple sources, is causing a 

NAAQS violation, EPA believes that a 

state may well be able to use areaspecific analyses to determine whether 

a nonattainment area that is smaller 

than the county boundary is 

appropriate. 

EPA found that states did use the 

factors and the variety of techniques 

identified by EPA in making 

recommendations for nonattainment 

areas smaller than the county. In 

recommending boundaries, EPA and 

states began with monitors that recorded 

a violation of the 2008 Pb NAAQS. As 

provided in Appendix R to 40 CFR part 

50, all valid Pb-TSP data and all valid 

Pb-PM10 data measured by a FRM or 

equivalent method submitted to EPA’s 

Air Quality System (AQS), or otherwise 

available to EPA, and meeting the 

requirements of 40 CFR part 58, 

including Appendices A, C, and E are 

used in design value calculations.5 In 

some cases, states requested 

unclassifiable designations for areas 

around monitors with a design value 

exceeding the standard. EPA does not 

believe such a designation would be 

consistent with the requirements of the 

CAA when we have valid data 

supporting a designation of 

nonattainment. 

For areas with a violating monitor, the 

designated nonattainment area must 

encompass the entire area that does not 

meet, and any nearby area that 

contributes to ambient air quality in the 

area that does not meet, the 2008 Pb 

NAAQS. Given the sources and 

characteristics of Pb emissions, states 

and EPA generally found factors such as 

emissions, air quality and meteorology 

to be particularly relevant in 

determining appropriate boundaries, 

while factors such as population density 

and expected growth were not as 

relevant for the 2008 Pb NAAQS, and 

thus did not play a significant role in 

determining boundaries. In some cases, 

states made a judgment that it was 

important to follow jurisdictional 

boundaries, particularly where 

jurisdictional boundaries smaller than a 

county exist. In other cases, states chose 

to rely primarily on air dispersion 

modeling to determine the 

recommended boundaries for 

nonattainment areas. In each case, EPA 

reviewed the state recommendations 

and, for the most part, EPA has accepted 

the state’s recommendations; however, 

where EPA felt that changes were 

necessary to a state’s initial 

recommendation, we conveyed those 

issues to the state and have worked with 

the state to revise the boundaries. 

VII. What air quality data has EPA 

used? 

The final Pb designations contained 

in this action are based upon air quality 

monitoring data from calendar years 

2007–2009. Some stakeholders have 

requested that EPA delay designations, 

or designate areas unclassifiable, by not 

considering all relevant data (e.g., 

excluding 2007 or 2008 data) in making 

designation decisions. As discussed 

previously, the form of the standard 

requires comparison of monitoring 

values from 36 three-month rolling 

averages (i.e., 3 years, plus 2 preceding 

months). Thus, a violation will have 

generally occurred if any of the 36 threemonth average concentrations of either 

Pb-TSP or Pb-PM10 exceeds the level of 

the NAAQS, and a finding of 

compliance will require that all 36 

three-month averages of Pb-TSP be at or 

below the level of the NAAQS.6

Moreover, pursuant to the CAA, EPA is 

making designations as expeditiously as 

practicable. Accordingly, where 

sufficient data from 2007–2009 are 

available to support a nonattainment 

designation, EPA does not have 

discretion to postpone designations or 

to exclude certain years from 

consideration in considering whether 

monitored data results in a violation of 

the Pb NAAQS pursuant to 40 CFR 

50.16. Section 107(d) requires EPA to 

designate areas as nonattainment if 

sufficient data exist to support such a 

designation. EPA can only delay 

designations for up to one extra year if 

we do not have sufficient data to make 


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a designation within the prescribed 2- 

year period. 

VIII. How do designations affect Indian 

country? 

All counties, partial counties or Air 

Quality Control Regions listed in the 

table at the end of this document are 

designated as indicated. For the first 

round of Pb designations, EPA is only 

designating nonattainment areas. There 

are no areas in Indian country being 

designated nonattainment at this time. 

IX. Where can I find information 

forming the basis for this rule and 

exchanges between EPA, states, and 

tribes related to this rule? 

Information providing the basis for 

this action and related decisions are 

provided in the technical support 

documents (TSDs), response to 

comments document, and other 

information in the docket. The TSDs, 

applicable EPA guidance memoranda, 

copies of correspondence regarding this 

process between EPA and the states, 

tribes, and other parties, and EPA’s 

responses to comments, are available for 

review at the EPA Docket Center listed 

above in the addresses section of this 

document and on our designation Web 

site at http://www.epa.gov/

leaddesignations/2008standards/

index.html. State specific information is 

available from the EPA Regional Offices. 

X. Statutory and Executive Order 

Reviews 

Upon promulgation of a new or 

revised NAAQS, the CAA requires EPA 

to designate areas as attaining or not 

attaining the NAAQS. The CAA then 

specifies requirements for areas based 

on whether such areas are attaining or 

not attaining the NAAQS. In this final 

rule, EPA assigns designations to areas 

as required. 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under the EO. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). This rule 

responds to the requirement to 

promulgate air quality designations after 

promulgation of a NAAQS. This 

requirement is prescribed in the CAA 

section 107 of title 1. The present final 

rule does not establish any new 

information collection. 

C. Regulatory Flexibility Act 

This final rule is not subject to the 

Regulatory Flexibility Act (RFA), which 

generally requires an agency to prepare 

a regulatory flexibility analysis for any 

rule that will have a significant 

economic impact on a substantial 

number of small entities. The RFA 

applies only to rules subject to noticeand-comment rulemaking requirements 

under the Administrative Procedure Act 

(APA) or any other statute. This rule is 

not subject to notice-and-comment 

requirements under the APA or any 

other statute because the rule is not 

subject to the APA and is subject to 

CAA section 107(d)(2)(B), which does 

not require that the Agency issue a 

notice of proposed rulemaking before 

issuing this rule. 

D. Unfunded Mandates Reform Act 

This action contains no federal 

mandate under the provisions of Title II 

of the Unfunded Mandates Reform Act 

of 1995 (UMRA), 2 U.S.C. 1531–1538 for 

state, local, or tribal governments or the 

private sector. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

Therefore, this action is not subject to 

the requirements of sections 202 and 

205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. It 

does not create any additional 

requirements beyond those of the CAA 

and Pb NAAQS (40 CFR 50.16); 

therefore, no UMRA analysis is needed. 

This rule establishes nonattainment 

designations for certain areas of the 

country for the Pb NAAQS. The CAA 

requires states to develop plans, 

including control measures, based on 

the designations for areas within the 

state. 

One mandate that may apply as a 

consequence of this action to all 

designated nonattainment areas is the 

requirement under CAA section 176(c) 

and associated regulations to 

demonstrate general conformity of 

federal actions to SIPs. These rules 

apply to federal agencies making 

conformity determinations. The EPA 

concludes that such conformity 

determinations will not cost $100 

million or more in the aggregate. 

The EPA believes that any new 

controls imposed as a result of this 

action will not cost in the aggregate 

$100 million or more annually. Thus, 

this federal action will not impose 

mandates that will require expenditures 

of $100 million or more in the aggregate 

in any one year. 

Nonetheless, EPA carried out 

consultation with government entities 

affected by this rule, including states, 

tribal governments, and local air 

pollution control agencies. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

meaningful and timely input by state 

and local officials in the development of 

regulatory policies that have federalism 

implications. ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the states, or the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ 

This final rule does not have 

federalism implications. It will not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The CAA 

establishes the process whereby states 

take primary responsibility in 

developing plans to meet the Pb 

NAAQS. This rule will not modify the 

relationship of the states and EPA for 

purposes of developing programs to 

implement the Pb NAAQS. Thus, 

Executive Order 13132 does not apply 

to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 2, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have Tribal 

implications.’’ This action does not have 

tribal implications, as specified in 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). This rule concerns 

the designation of areas as attainment 

and nonattainment for the Pb NAAQS. 

The CAA provides for states and eligible 

tribes to develop plans to regulate 

emissions of air pollutants within their 

areas based on their designations. The 

TAR provides tribes the opportunity to 

apply for eligibility to develop and 

implement CAA programs such as 


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programs to attain and maintain the Pb 

NAAQS, but it leaves to the discretion 

of the tribe the decision of whether to 

apply to develop these programs and 

which programs, or appropriate 

elements of a program, the tribe will 

seek to adopt. This rule does not have 

a substantial direct effect on one or 

more Indian tribes. It does not create 

any additional requirements beyond 

those of the Pb NAAQS (40 CFR section 

50.16). This rule establishes the 

designation for certain areas of the 

country for the Pb NAAQS but no areas 

in Indian country are being designated 

under this rule. Additionally, no tribe 

has implemented a CAA program to 

attain the Pb NAAQS at this time. 

Furthermore, this rule does not affect 

the relationship or distribution of power 

and responsibilities between the federal 

government and Indian tribes. The CAA 

and the TAR establish the relationship 

of the federal government and tribes in 

developing plans to attain the NAAQS, 

and this rule does nothing to modify 

that relationship. Because this rule does 

not have tribal implications, Executive 

Order 13175 does not apply. 

Although Executive Order 13175 does 

not apply to this rule, EPA 

communicated with tribal leaders and 

environmental staff regarding the 

designations process. EPA also sent 

individualized letters to all federally 

recognized tribes to explain the 

designation process for the 2008 Pb 

NAAQS, to provide the EPA 

designations guidance, and to offer 

consultation with EPA. EPA provided 

further information to tribes through 

presentations at the National Tribal 

Forum and through participation in 

National Tribal Air Association 

conference calls. EPA also sent 

individualized letters to all federally 

recognized tribes that submitted 

recommendations to EPA about EPA’s 

intended designations for the Pb 

standards and offered tribal leaders the 

opportunity for consultation. These 

communications provided opportunities 

for tribes to voice concerns to EPA about 

the general designations process for the 

Pb NAAQS, as well as concerns specific 

to a tribe, and informed EPA about key 

tribal concerns regarding designations 

as the rule was under development. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997) because it is not economically 

significant as defined in Executive 

Order 12866. However, the protection 

offered by the Pb NAAQS may be 

especially important for children 

because neurological effects in children 

are among if not the most sensitive 

health endpoints for Pb exposure. 

Because children are considered a 

sensitive population, in setting the Pb 

NAAQS we carefully evaluated the 

environmental health effects of 

exposure to Pb pollution among 

children. These effects and the size of 

the population affected are summarized 

in the EPA’s 2006 Air Quality Criteria 

Document for Pb and in the proposed 

and final Pb NAAQS rules. (http:// 

www.epa.gov/airquality/lead/fr/ 

20081112.pdf) 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA of 1995, 

Public Law 104–113, section 12(d) (15 

U.S.C. 272 note) directs EPA to use 

voluntary consensus standards (VCS) in 

its regulatory activities unless to do so 

would be inconsistent with applicable 

law or otherwise impracticable. 

Voluntary consensus standards are 

technical standards (e.g., materials 

specifications, test methods, sampling 

procedures, and business practices) that 

are developed or adopted by VCS 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable VCS. 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations. 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the U.S. 

The EPA has determined that this 

final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on any population, including minority 

or low-income populations. 

K. Congressional Review Act 

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 U.S. The EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the U.S. 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). This rule will be effective 

December 31, 2010. 

L. Judicial Review 

Section 307(b)(1) of the CAA indicates 

which Federal Courts of Appeal have 

venue for petitions of review of final 

actions by EPA. This section provides, 

in part, that petitions for review must be 

filed in the Court of Appeals for the 

District of Columbia Circuit: (i) When 

the agency action consists of ‘‘nationally 

applicable regulations promulgated, or 

final actions taken, by the 

Administrator,’’ or (ii) when such action 

is locally or regionally applicable, if 

‘‘such action is based on a determination 

of nationwide scope or effect and if in 

taking such action the Administrator 

finds and publishes that such action is 

based on such a determination.’’ 

This rule designating areas for the 

2008 Pb NAAQS is ‘‘nationally 

applicable’’ within the meaning of 

section 307(b)(1). This rule establishes 

designations for areas across the U.S. for 

the 2008 Pb NAAQS. At the core of this 

rulemaking is EPA’s interpretation of 

the definition of nonattainment under 

section 107(d)(1) of the CAA, and its 

application of that interpretation to 

areas across the country. 

For the same reasons, the 

Administrator also is determining that 

the final designations are of nationwide 

scope and effect for the purposes of 

section 307(b)(1). This is particularly 

appropriate because, in the report on the 

1977 Amendments that revised section 

307(b)(1) of the CAA, Congress noted 

that the Administrator’s determination 

that an action is of ‘‘nationwide scope or 

effect’’ would be appropriate for any 

action that has a scope or effect beyond 

a single judicial circuit. H.R. Rep. No. 

95–294 at 323, 324, reprinted in 1977 


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U.S.C.C.A.N. 1402–03. Here, the scope 

and effect of this rulemaking extends to 

numerous judicial circuits since the 

designations apply to areas across the 

country. In these circumstances, section 

307(b)(1) and its legislative history calls 

for the Administrator to find the rule to 

be of ‘‘nationwide scope or effect’’ and 

for venue to be in the DC Circuit. 

Thus, any petitions for review of final 

designations must be filed in the Court 

of Appeals for the District of Columbia 

Circuit within 60 days from the date 

final action is published in the Federal 

Register. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: November 16, 2010. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons set forth in the 

preamble, 40 CFR Part 81, is amended 

as follows: 

PART 81—DESIGNATIONS OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

Subpart C—Section 107 Attainment 

Status Designations 

■ 2. Section 81.301 is amended by 

revising the table for ‘‘Alabama—Lead’’ 

to read as follows: 

§ 81.301 Alabama. 

* * * * * 

ALABAMA—LEAD

Designated area 

Designation for the 1978 NAAQSa Designation for the 2008 NAAQS 

Date 1 Type Date 2 Type 

Troy, AL: 

Pike County (part) ...............................................

Area is bounded by a 0.8 mile radius from a 

center point at latitude 31.78627106 North 

and longitude 85.97862228 West, which fully 

includes the Sanders Lead Facility.

........................ Attainment ........................ ........................ Nonattainment. 

a Includes Indian country located in each county or area, except as otherwise specified. 

1This date is 90 days after March 7, 1995, unless otherwise noted. 

2This date is December 31, 2010, unless otherwise noted. 

* * * * * 

■ 3. Section 81.305 is amended by 

adding the table for ‘‘California—Lead’’ 

at the end of the section to read as 

follows: 

§ 81.305 California. 

* * * * * 

CALIFORNIA—LEAD

Designation area 

Designation for the 1978 NAAQSa Designation for the 2008 NAAQS 

Date 1 Type Date 2 Type 

Los Angeles County—South Coast Air Basin, CA: 

Los Angeles County (part) .................................. ........................ Unclassifiable/Attainment ........................ Nonattainment. 

That portion of Los Angeles County which 

lies south and west of line described as 

follows: 

Beginning at the Los Angeles-San 

Bernardino County boundary and running 

west along the Township line common to 

Township 3 North and Township 2 North, 

San Bernardino Base and Meridian; 

then North along the range line common to 

Range 8 West and Range 9 West; 

then west along the Township line common 

to Township 4 North and Township 3 

North;.

then north along the range line common to 

Range 12 West and Range 13 West to 

the southeast corner of Section 12, 

Township 5 North and Range 13 West; 

then west along the south boundaries of 

Sections 12, 11, 10, 9, 8, and 7, Township 5 North and Range 13 West to the 

boundary of the Angeles National Forest 

which is collinear with the range line 

common to Range 13 West and Range 

14 West; 


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CALIFORNIA—LEAD—Continued 

Designation area 

Designation for the 1978 NAAQSa Designation for the 2008 NAAQS 

Date 1 Type Date 2 Type 

then north and west along the Angeles National Forest boundary to the point of 

intersection with the Township line common to Township 7 North and Township 

6 North (point is at the northwest corner 

of Section 4 in Township 6 North and 

Range 14 West); 

then west along the Township line common 

to Township 7 North and Township 6 

North; 

then north along the range line common to 

Range 15 West and Range 16 West to 

the southeast corner of Section 13, 

Township 7 North and Range 16 West; 

then along the south boundaries of Sections 13, 14, 15, 16, 17 and 18, Township 7 North and Range 16 West; 

then north along the range line common to 

Range 16 West and Range 17 West to 

the north boundary of the Angeles National Forest (collinear with the Township 

line common to Township 8 North and 

Township 7 North); 

then west and north along the Angeles National Forest boundary to the point of 

intersection with the south boundary of 

the Rancho La Liebre Land Grant; 

then west and north along this land grant 

boundary to the Los Angeles-Kern County boundary. 

a Includes Indian country located in each county or area, except as otherwise specified. 

1This date is 90 days after November 6, 1991, unless otherwise noted. 

2This date is December 31, 2010, unless otherwise noted. 

■ 4. Section 81.310 is amended by 

revising the table for ‘‘Florida—Lead’’ to 

read as follows: 

§ 81.310 Florida. 

* * * * * 

FLORIDA—LEAD

Designated area 

Designation for the 1978 NAAQSa Designation for the 2008 NAAQS 

Date 1 Type Date 2 Type 

Tampa, FL: 

Hillsborough County (part) .................................. ........................ Unclassifiable/Not Designated......................... Nonattainment. 

Area is bounded by a 1.5 km radius centered at UTM coordinates 364104 meters, 

3093830 meters N, Zone 17, which surrounds the EnviroFocus Technologies 

Facility.

a Includes Indian country located in each county or area, except as otherwise specified. 

1This date is 90 days after November 6, 1991, unless otherwise noted. 

2This date is December 31, 2010, unless otherwise noted. 

* * * * * ■ 5. Section 81.314 is amended by 

adding the table for ‘‘Illinois—Lead’’ to 

the end of the section to read as follows: 

§ 81.314 Illinois. 

* * * * * 


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ILLINOIS—LEAD

Designated area 

Designation for the 1978 NAAQSa Designation for the 2008 NAAQS 

Date 1 Type Date 2 Type 

Granite City, IL: 

Madison County (part) ......................................... ........................ Unclassifiable/Attainment ........................ Nonattainment. 

Area is bounded by Granite City Township 

and Venice Township.

a Includes Indian country located in each county or area, except as otherwise specified. 

1This date is 90 days after November 6, 1991, unless otherwise noted. 

2This date is December 31, 2010, unless otherwise noted. 

■ 6. Section 81.315 is amended by 

revising the table for ‘‘Indiana—Lead’’ to 

read as follows: 

§ 81.315 Indiana. 

* * * * * 

INDIANA—LEAD

Designated area 

Designation for the 1978 NAAQSa Designation for the 2008 NAAQS 

Date 1 Type Date 2 Type 

Muncie, IN: 

Delaware County (part).

A portion of the City of Muncie, Indiana 

bounded to the North by West 26th 

Street/Hines Road, to the east by Cowan 

Road, to the south by West Fuson Road, 

and to West by a line running south from 

the eastern edge of Victory Temple’s 

driveway to South Hoyt Avenue and then 

along South Hoyt Avenue.

........................ Not Designated ................ ........................ Nonattainment. 

a Includes Indian country located in each county or area, except as otherwise specified. 

1This date is 90 days after November 6, 1991, unless otherwise noted. 

2This date is December 31, 2010, unless otherwise noted. 

* * * * * ■ 7. Section 81.324 is amended by 

revising the table for ‘‘Minnesota—Lead’’ 

to read as follows: 

§ 81.324 Minnesota. 

* * * * * 

MINNESOTA—LEAD

Designation area 

Designation for the 1978 NAAQSa Designation for the 2008 NAAQS 

Date 1 Type Date 2 Type 

Eagan, MN: 

Dakota County (part) ........................................... ........................ Attainment ........................ ........................ Nonattainment. 

Portions of Dakotacounty that are bounded by: Lone 

Oak Rd. (County Rd. 26) to the north, County Rd. 

63 to the east, Wescott Rd. to the south, and Lexington Ave. (County Rd. 43) to the west 

a Includes Indian country located in each county or area, except as otherwise specified. 

1This date is 90 days after December 19, 1994, unless otherwise noted. 

2This date is December 31, 2010, unless otherwise noted. 

* * * * * ■ 8. Section 81.326 is amended by 

revising the table for ‘‘Missouri—Lead’’ 

to read as follows: 

§ 81.326 Missouri. 

* * * * * 

MISSOURI—LEAD

Designation area 

Designation for the 1978 NAAQSa Designation for the 2008 NAAQS 

Date 1 Type Date 2 Type 

Iron, MO: 

Dent County (part) ............................................... ........................ Unclassifiable/Attainment ........................ Nonattainment. 


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MISSOURI—LEAD—Continued 

Designation area 

Designation for the 1978 NAAQSa Designation for the 2008 NAAQS 

Date 1 Type Date 2 Type 

Sections 4, 9, 16, 21, 28, 33 of T34N, 

R2W..

........................ .......................................... ........................

Iron County (part) ................................................ ........................ Unclassifiable/Attainment ........................ Nonattainment. 

Sections 6–7, 18–19, 30–32 of T34N, R1W 

and Sections 1–3, 10–15, 22–27, 34–36 

of T34N, R2W.

........................ .......................................... ........................ Nonattainment. 

Reynolds County (part) ....................................... ........................ Unclassifiable/Attainment ........................ Nonattainment. 

Sections 5–7 of T33N, R1W and Sections 

1–3, 10–12 of T33N, R2W.

........................ .......................................... ........................

Jefferson County, MO: 

Jefferson County (part) Within city limits of 

Herculaneum.

1/6/92 Nonattainment .................. ........................ Nonattainment. 

a Includes Indian country located in each county or area, except as otherwise specified. 

1This date is 90 days after November 6, 1991, unless otherwise noted. 

2This date is December 31, 2010, unless otherwise noted. 

* * * * * ■ 9. Section 81.336 is amended by 

revising the table for ‘‘Ohio—Lead’’ to 

read as follows: 

§ 81.336 Ohio. 

* * * * * 

OHIO—LEAD

Designation area 

Designation for the 1978 NAAQSa Designation for the 2008 NAAQS 

Date 1 Type Date 2 Type 

Bellefontaine, OH: 

Logan County (part) The portions of Logan 

County that are bounded by: sections 27, 28, 

33, and 34 of Lake Township.

........................ Not Designated ................ ........................ Nonattainment. 

Cleveland, OH: 

Cuyahoga County (part) The portions of Cuyahoga County that are bounded on the west by 

Washington Park Blvd./Crete Ave./East 49th 

St., on the east by East 71st St., on the north 

by Fleet Ave., and on the south by Grant Ave.

........................ Not Designated ................ ........................ Nonattainment. 

Delta, OH: 

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.

........................ Not Designated ................ ........................ Nonattainment. 

a Includes Indian country located in each county or area, except as otherwise specified. 

1This date is 90 days after November 6, 1991, unless otherwise noted. 

2This date is December 31, 2010, unless otherwise noted. 

* * * * * 

■ 10. Section 81.339 is amended by 

adding the table for ‘‘Pennsylvania— 

Lead’’ to the end of the section to read 

as follows: 

§ 81.339 Pennsylvania. 

* * * * * 

PENNSYLVANIA—LEAD

Designated area 

Designation for the 1978 NAAQSa Designation for the 2008 NAAQS 

Date 1 Type Date 2 Type 

Lower Beaver Valley, PA: 

Beaver County (part) ........................................... ........................ Unclassifiable/Attainment ........................ Nonattainment 

Area is bounded by Potter Township and 

Vanport Township.

........................ .......................................... ........................

Lyons, PA: 

Berks County (part) ............................................. ........................ Unclassifiable/Attainment ........................ Nonattainment. 

Area is bounded by Kutztown Borough, 

Lyons Borough, Maxatawny Township 

and Richmond Township.

........................ .......................................... ........................

North Reading, PA: 

Berks County (part) ............................................. ........................ Unclassifiable/Attainment ........................ Nonattainment. 


jlentini on DSKJ8SOYB1PROD with RULES
71044 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Rules and Regulations 

PENNSYLVANIA—LEAD—Continued 

Designated area 

Designation for the 1978 NAAQSa Designation for the 2008 NAAQS 

Date 1 Type Date 2 Type 

Area is bounded by Alsace Township, 

Laureldale Borough, and Muhlenberg 

Township.

........................ .......................................... ........................

a Includes Indian country located in each county or area, except as otherwise specified. 

1This date is 90 days after November 6, 1991, unless otherwise noted. 

2This date is December 31, 2010, unless otherwise noted. 

■ 11. Section 81.343 is amended by 

revising the table for ‘‘Tennessee—Lead’’ 

to read as follows: 

§ 81.343 Tennessee. 

* * * * * 

TENNESSEE—LEAD

Designated area 

Designation for the 1978 NAAQSa Designation for the 2008 NAAQS 

Date 1 Type Date 2 Type 

Bristol, TN: 

Sullivan County (part) Area is bounded by a 

1.25 km radius surrounding the UTM coordinates 4042923 meters E, 386267 meters N, 

Zone 17, which surrounds the Exide Technologies Facility.

........................ Not Designated ................ ........................ Nonattainment. 

a Includes Indian country located in each county or area, except as otherwise specified. 

1This date is 90 days after November 6, 1991, unless otherwise noted. 

2This date is December 31, 2010, unless otherwise noted. 

* * * * * ■ 12. Section 81.344 is amended by 

revising the table for ‘‘Texas—Lead’’ to 

read as follows: 

§ 81.344 Texas. 

* * * * * 

TEXAS—LEAD

Designated area 

Designation for the 1978 NAAQSa Designation for the 2008 NAAQS 

Date 1 Type Date 2 Type 

Frisco, TX: 

Collin County (part) The area immediately surrounding the Exide Technologies battery recycling plant in Frisco, bounded to the north by 

latitude 33.153 North, to the east by longitude 

96.822 West, to the south by latitude 33.131 

North, and to the west by longitude 96.837 

West.

12/13/99 Attainment ........................ ........................ Nonattainment. 

a Includes Indian country located in each county or area, except as otherwise specified. 

1This date is 90 days after November 6, 1991, unless otherwise noted. 

2This date is December 31, 2010, unless otherwise noted. 

[FR Doc. 2010–29405 Filed 11–19–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 10–2118; MB Docket No. 08–86; 

RM–11432; RM–11607] 

Radio Broadcasting Services; 

Onekama, MI 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division, at the 

request of Northern Radio of Michigan, 

Inc., in its counterproposal, allots FM 

Channel 227A at Onekama, Michigan, as 

a first local aural service. Channel 227A 

can be allotted at Onekama, consistent 

with the minimum distance separation 

requirements of the Commission’s rules, 

at coordinates 44–21–48 NL and 86–12– 

18 WL, without site restriction. The 

Government of Canada has concurred in 

the allotment, which is required because 

the proposed allotment is located within 

320 kilometers (199 miles) of the U.S.- 


jlentini on DSKJ8SOYB1PROD with RULES