Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Rules and Regulations 72097 

From To MEA MAA 

&95.7060 Jet Route J60 is Amended to Read in Part 

Philipsburg, PA VORTAC .............................................................. Sparta, NJ VORTAC ........................................... 18000 45000 

&95.7204 Jet Route J204 is Amended to Read in Part 

Miles City, MT VOR/DME .............................................................. Hilgr, MT FIX ....................................................... 19000 45000 

Hilgr, MT FIX ................................................................................. Great Falls, MT VORTAC ................................... 18000 45000 

Airway Segment Changeover Points 

From To Distance From 

&95.8003 VOR Federal Airway Changeover Points V104 is Amended to Add Changeover Point 

Massena, NY VORTAC ................................................................. Plattsburgh, NY VORTAC ................................... 16 Massena 

V271 is Amended to Add Changeover Point 

Muskegon, MI VORTAC ................................................................ Manistee, MI VOR/DME ...................................... 37 Muskegon 

[FR Doc. 2011–30096 Filed 11–21–11; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2009–0443; FRL–9492–3] 

RIN 2060–AR17 

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 most areas in 

the United States for the 2008 lead (Pb) 

National Ambient Air Quality Standards 

(NAAQS). In a previous action 

established on November 16, 2010, the 

EPA designated as ‘‘nonattainment’’ 16 

areas as violating the 2008 Pb NAAQS 

based on data from the pre-2010 

monitoring network. For all other areas, 

the EPA deferred action so that data 

from newly deployed monitors could be 

considered in making appropriate 

designation decisions. In this action, the 

EPA is designating all remaining areas 

of the United States, including Indian 

country. 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. 

DATES: Effective Date: The effective date 

of this rule is December 31, 2011. 

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, the EPA has established 

a Web site for this rulemaking at: 

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

2008standards/index.html. The Web 

site includes the EPA’s final state and 

tribal designations, as well as state 

initial recommendation letters, the 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, 

N.C. 27711, phone number (919) 541– 

1087 or by email at: 

wright.rhonda@epa.gov. 

Regional Office Contacts 

Region 1—Robert McConnell (617) 918– 

1046, 

Region 2—Mazeeda Khan (212) 637– 

3715, 

Region 3—Melissa Linden (215) 814– 

2096, 

Region 4—Steve Scofield (404) 562– 

9034, 

Region 5—Andy Chang (312) 886–0258, 

Region 6—Terry Johnson (214) 665– 

2154, 

Region 7—Stephanie Doolan (913) 551– 

7719, 

Region 8—Kevin Leone (303) 312–6227, 

Region 9—Ginger Vagenas (415) 972– 

3964, 

Region 10—Steve Body (206) 553–0782. 

SUPPLEMENTARY INFORMATION: The 

public may inspect the rule and statespecific 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 2, 290 

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

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


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72098 Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Rules and Regulations 

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. 

Regional offices States 

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

Region 3, 1650 Arch Street, Philadelphia, PA 19103–2187, (215) 

814–2178.

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

West Virginia. 

Scott R. Davis, Branch Chief, Air Planning Branch, EPA Region 4, Sam 

Nunn Atlanta Federal Center, 61 Forsyth, Street, SW, 12th Floor, Atlanta, GA 30303, (404) 562–9127.

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

South Carolina, and Tennessee. 

John Mooney, Chief, Air Programs Branch, EPA Region 5, 77 West 

Jackson Street, Chicago, IL 60604, (312) 886–6043.

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

Guy Donaldson, Chief, Air Planning Section, EPA Region 6, 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 7, 901 North 

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

Iowa, Kansas, Missouri, and Nebraska. 

Monica Morales, Leader, Air Quality Planning Unit, EPA Region 8, 

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 9, 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 

10, 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 

the EPA taken to meet these 

requirements? 

VI. What guidance did the EPA issue and 

how did the EPA apply the statutory 

requirements and applicable guidance to 

determine area designations and 

boundaries? 

VII. What air quality data has the EPA used? 

VIII. How do designations affect Indian 

country? 

IX. Where can I find information forming the 

basis for this rule and exchanges 

between the EPA, states, and tribes 

related to this rule? 

X. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory 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 

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 

DC District of Columbia 

EO Executive Order 

EPA Environmental Protection Agency 

FR Federal Register 

FEM Federal Equivalent Method 

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 

promulgate and announce designations 

and boundaries for areas of the country 

for the 2008 Pb NAAQS based on 

available information, in accordance 

with the requirements of the CAA. All 

area designations for each state, and the 

boundaries for each area, appear in the 

table at the end of this final rule. The 

EPA has been working closely with the 

states involved in these designations 

and has taken several steps to announce 

that this rule is available. The EPA has 

posted the notice on the EPA’s 

designations Web site and provided a 

copy of the rule to those states with 

nonattainment areas. 

This notice identifies the five areas 

being designated as nonattainment areas 

for the 2008 Pb NAAQS. These five 

areas surround violating monitors in 

Arecibo, Puerto Rico; Chicago, Illinois; 

Belding, Michigan; Saline, Kansas; and 

Pottawattamie, Iowa. The basis for 

designating these areas as 

nonattainment areas is monitored air 

quality data from calendar years 2008– 

2010 indicating violations 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 subpart 5 of Part D 

of the CAA, including providing for 

attainment of the NAAQS as 

expeditiously as practicable, but no later 

than December 31, 2016. These SIPs 

must be submitted to the EPA within 18 

months of the effective date of these 

designations, i.e., by June 30, 2013.1

This notice also identifies the 

expansion of the boundary of one 

nonattainment area—the Lower Beaver 

Valley nonattainment area in 

Pennsylvania—that was designated 

nonattainment on November 16, 2010. 

The expansion incorporates additional 

land area that the EPA has determined 

does not meet the 2008 Pb NAAQS. This 

action does not affect the required 

attainment date or SIP submission 

deadline for this nonattainment area. 

The EPA is designating three areas 

(Knox County, Tennessee; an area 


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Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Rules and Regulations 72099 

2EPA subsequently revised these requirements, 

including by lowering the emission threshold for 

source-oriented monitoring to 0.5 tpy. See 75 FR 

81127 (Dec. 27, 2010). 

3No areas were inadvertently identified as 

‘‘nonattainment.’’ 

surrounding Hayden, Arizona; and 

Orange County, New York) as 

unclassifiable on the basis that there are 

available monitoring data from recent 

periods indicating a significant 

likelihood that the areas may be 

violating the 2008 Pb NAAQS, but the 

available information is insufficient at 

this time to make nonattainment 

designations. In the 2008 Pb NAAQS 

rule, the EPA required new monitors to 

be sited near sources emitting more than 

one ton per year or more beginning in 

2010 and in certain non-source oriented 

locations by December 27, 2011.2 Due to 

the timing of monitor siting, monitoring 

data are available for the first several 

months of 2011 for some sites with no 

2008–2010 data, two of which have data 

in AQS that exceed the standard (Knox 

County, Tennessee and Hayden, 

Arizona). A previously established 

monitor in the Orange County, New 

York, area also has data in AQS from 

early 2011 that exceed the standard. 

Because of the form of the 2008 Pb 

NAAQS, one 3-month average ambient 

air concentration over 0.15 micorgrams 

per cubic meter (mg/m3) is enough to 

cause a violation of the Pb NAAQS. 

However, before the EPA can finalize 

nonattainment designation for these 

areas, the data that were reported to 

AQS must be quality assured and 

certified and appropriate nonattainment 

area boundaries must be defined for the 

areas. Therefore, the EPA is designating 

these three areas as unclassifiable until 

this process can be completed. 

The EPA received a recommendation 

on behalf of the Governor of Arizona 

with recommended boundaries for an 

area surrounding Hayden, Arizona, and 

the EPA is designating that area as 

unclassifiable consistent with that 

recommendation. Consistent with the 

EPA’s view that the perimeter of a 

county containing a violating monitor is 

the initial presumptive boundary for 

nonattainment areas, the EPA is 

designating the entirety of Orange 

County, New York, and Knox County, 

Tennessee, as unclassifiable. However, 

the EPA recognizes that experience with 

other initial designations for the Pb 

NAAQS has indicated that where a 

NAAQS violation is attributable to a 

single source, area-specific analyses 

have served as a basis for designating a 

nonattainment area that is smaller than 

the county. Accordingly, before 

redesignating these two areas as 

nonattainment and consistent with the 

CAA, the EPA intends to work with the 

states to identify specific boundaries 

that appropriately encompass violating 

areas and any areas contributing to 

violations in these counties. The 

boundaries of any nonattainment area 

may well be smaller than the county 

boundaries, and in such case the EPA 

anticipates that the remainder of these 

two counties would be redesignated 

unclassifiable/attainment. The EPA 

notes that, although it is designating 

these three areas as ‘‘unclassifiable’’ to 

reflect the recent monitoring data, there 

are no additional planning or control 

requirements that apply as a result of an 

unclassifiable designation, as compared 

to a designation of ‘‘unclassifiable/ 

attainment.’’ 

All other areas of the country are 

being designated as unclassifiable/ 

attainment, meaning the available 

information does not indicate that the 

air quality in these areas exceeds the 

2008 Pb NAAQS. 

When the EPA issued the 2008 Pb 

NAAQS, we provided that the 1978 Pb 

NAAQS would be revoked 1 year after 

the effective date of designations for the 

2008 NAAQS, except in areas 

designated nonattainment for the 1978 

NAAQS where the standard will remain 

in effect until a SIP is approved for the 

new standard. There are two areas 

designated nonattainment for the 1978 

NAAQS: Herculaneum, Missouri, and 

East Helena, Montana. Herculaneum 

was designated nonattainment for the 

2008 standard in 2010, and thus the 

1978 standard will remain in effect until 

an attainment SIP for the 2008 NAAQS 

is approved by the EPA. East Helena is 

being designated unclassifiable/ 

attainment for the 2008 standard in this 

action, and the 1978 standard will 

remain in effect until a maintenance SIP 

for the 2008 NAAQS is approved by the 

EPA. For all other areas designated in 

this action, the 1978 standard is revoked 

as of December 31, 2012. 

In addition to making designations for 

the 2008 Pb NAAQS, the EPA is also 

revising 40 CFR part 81 to clarify the 

presentation of designations for the 

1978 standard and the 2008 standard 

and to correct certain inadvertent errors 

concerning the 1978 standard. In 

making designations for the 2008 

standard last year, the EPA 

inadvertently changed certain 

information in part 81 for the 1978 

standard, such as identifying areas that 

had been designated ‘‘unclassifiable’’ as 

‘‘attainment,’’ identifying areas that 

were not designated at all as 

‘‘unclassifiable,’’ or including the wrong 

effective date for a designation.3

Although these errors have no practical 

effect, and the 1978 standard will be 

revoked for all but two areas by 

December 31, 2012, the EPA did not 

intend to alter any designations for the 

1978 standard in making designations 

for the 2008 standard and is thus 

correcting the errors to ensure that part 

81 reflects the proper designations for 

the 1978 standard. 

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 vehicles 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. Large 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 may 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 still-developing bodies are 

more sensitive to the effects of Pb. The 

harmful effects to children’s developing 

nervous systems (including their brains) 

arising from Pb exposure may include 

intelligence quotient (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 


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72100 Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Rules and Regulations 

4This view was confirmed in Catawba County v. 

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

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 the EPA taken to meet these 

requirements? 

After the promulgation of a new or 

revised NAAQS, the 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 mg/m3 to a level of 0.15 mg/ 

m3. In addition, the Administrator 

changed the averaging time and form to 

a maximum 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 

the 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, the 

EPA has the authority to extend the 

designation process by up to 1 

additional year. 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 the EPA. Tribes 

are not required to submit 

recommendations, but the EPA 

encourages their participation in the 

designations process. The 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 the 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 the 

EPA. If the EPA is considering 

modifications to a state’s initial 

recommendation, the EPA is required to 

notify the state of any such intended 

modifications to its recommendation 

not less than 120 days prior to the EPA’s 

promulgation of the final designation. If 

the state does not agree with the EPA’s 

modification, it then has an opportunity 

to respond to the EPA and to 

demonstrate why it believes the 

modification proposed by the 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, the 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 the EPA is obligated to 

designate the area as ‘‘nonattainment.’’ 

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

any area that the EPA cannot designate 

on the basis of available information as 

meeting or not meeting the standards 

should be designated as 

‘‘unclassifiable.’’ 

The 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, the 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.4

Similarly, the EPA believes that the 

statute permits the EPA to evaluate the 

appropriate application of the term 

‘‘area’’ to include geographic areas 

based upon full or partial county 

boundaries, and contiguous or noncontiguous areas, as may be appropriate 

for a particular NAAQS. For example, 

section 107(d)(1)(B)(ii) explicitly 

provides that the 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 the 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 

the 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 

part 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 the 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 the 

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 

the EPA. In addition, CAA section 

301(d)(4) gives the 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, the EPA invited all tribes 

to submit recommendations concerning 

designations for the 2008 Pb NAAQS. 

The 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 the EPA 

modifications. 

In light of the new Pb monitoring 

network, the EPA planned to complete 

the initial area designations for Pb in 

two rounds. Designation 

recommendations and supporting 

documentation were previously 

submitted by most states and a few 

tribes to the EPA by October 15, 2009. 

In the first round, established on 

November 16, 2010, the EPA designated 


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Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Rules and Regulations 72101 

5See 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. 

6For 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 2008–2010’’ includes data from 

November 2007 through December 2010. 

7As noted above, the three unclassifiable 

designations are based on uncertified 2011 

monitoring data, but there are no planning or 

control requirements that apply as a result of an 

unclassifiable designation. 

8A design value is the air quality value that is 

compared to the NAAQS to determine compliance. 

Continued 

as ‘‘nonattainment’’ 16 areas as violating 

the 2008 Pb NAAQS based on 2007– 

2009 air quality data from the pre-2010 

monitoring network. For all other areas, 

the EPA extended the deadline for 

designations by up to 1 year so that data 

from the newly deployed monitors can 

be considered in making appropriate 

designation decisions. 

For the second round of designations, 

states and tribes were given an 

opportunity to update their 

recommendation letters, for these 

remaining areas, by December 15, 2010. 

After receiving recommendations from 

states and tribes, and after reviewing 

and evaluating each recommendation, 

the EPA provided a response to the 

states and tribes on June 15, 2011. In 

these letter responses, we indicated 

whether the EPA intended to make 

modifications to the initial state or tribal 

recommendations and explained the 

EPA’s reasons for making any such 

modifications. The EPA requested that 

states and tribes respond to any 

proposed modifications, made by the 

EPA, by August 15, 2011. The state and 

tribal letters, including the initial 

recommendations, and the EPA’s June 

2011 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, the EPA also 

provided an opportunity for members of 

the public to comment on the EPA’s 

June 2011 response letters. In order to 

gather additional information for the 

EPA to consider before making final 

designations, the EPA published a 

notice on June 21, 2011, (76 FR 36042) 

which invited the public to comment on 

the response letters the EPA sent to 

states in June 2011. In that notice, the 

EPA provided the opportunity to all 

interested parties other than states and 

tribes to submit comments by July 21, 

2011. The state and tribal initial 

recommendations and the EPA’s 

responses, including modifications, 

were posted on a publicly accessible 

Web site (http://www.epa.gov/ 

leaddesignations/2008standards/ 

index.html). We did not receive any 

comments questioning our general 

approach to these designations. 

Comments from the public and the 

EPA’s responses to state-specific 

comments are in the docket for this 

action. 

In this rule, the EPA is designating as 

‘‘nonattainment’’ five areas violating the 

2008 Pb NAAQS based on 2008–2010 

air quality data from the newly 

deployed monitoring network, 

extending a previously designated 

nonattainment area to encompass a 

violating monitor sited under the newly 

deployed monitoring network, and 

designating three areas as unclassifiable 

based on data reported to AQS in early 

2011 that exceed the 2008 Pb NAAQS 

but have not been quality assured and 

certified. All other areas are designated 

as unclassifiable/attainment. The EPA 

uses this designation in practice for 

initial designations to mean that 

available information does not indicate 

that the air quality in these areas 

exceeds the 2008 Pb NAAQS. 

VI. What guidance did the EPA issue 

and how did the 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), the EPA issued proposed 

guidance on its approach to 

implementing the standard, including 

its approach to initial area designations. 

The 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.5 In that guidance, 

the EPA indicated that it would use 

monitoring data from the 3 most recent 

calendar years 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).6 The EPA is generally basing 

these final designations on monitored 

Pb concentrations from Federal 

Reference Method (FRM) and Federal 

Equivalent Method (FEM) monitors 

from calendar years 2008–2010, which 

were the most recent quality assured 

and certified data available upon which 

to base designations decisions.7

In the guidance, the 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 the EPA could 

conduct additional area-specific 

analyses that could justify establishing 

either a larger or smaller area. The 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. The 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. 

The 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, the 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, the 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. 

The EPA found that states did use the 

factors and the variety of techniques 

identified by the EPA in making 

recommendations for nonattainment 

areas smaller than the county. In 

recommending boundaries, the 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 

FEM monitor submitted to the EPA’s Air 

Quality System (AQS), or otherwise 

available to the EPA, and meeting the 

requirements of 40 CFR part 58, 

including Appendices A, C, and E, are 

used in design value calculations.8


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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. 

9For additional details on how to determine 

when the 2008 Pb NAAQS have been met, see 40 

CFR part 50, Appendix R. 

10The monitors that have shown apparent 

violations are the following: AQS ID 04–007–1002 

in Hayden, AZ; AQS ID 47–093–0023 in Knox Co., 

TN; and AQS ID 36–071–3002 in Orange Co., NY. 

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 the 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, the 

EPA reviewed the state 

recommendations and, for the most part, 

the EPA has accepted the state’s 

recommendations; however, where the 

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 the EPA 

used? 

The final Pb designations contained 

in this action are generally based upon 

air quality monitoring data from 

calendar years 2008–2010. As discussed 

previously, the form of the standard 

requires comparison of monitoring 

values from up to 36 3-month rolling 

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

months). A violation will have occurred 

if any of the 36 3-month average 

concentrations of either Pb-TSP or PbPM10 exceeds the level of the NAAQS, 

and a finding of compliance will require 

that all 36 3-month averages of Pb-TSP 

be at or below the level of the NAAQS.9

Moreover, pursuant to the CAA, the 

EPA is making designations as 

expeditiously as practicable. Section 

107(d) requires the EPA to designate 

areas as nonattainment if sufficient data 

exist to support such a designation. 

Due to the timing of the siting of 

monitors under the monitoring plan 

established in the 2008 Pb NAAQS rule, 

data are available for several sites for 

early 2011 that did not have data 

available for 2008–2010. Two such 

monitors, one in Hayden, Arizona and 

one in Knox County, Tennessee, have 

data in AQS that exceed the standard for 

at least one 3-month period in 2011. 

Additionally, a site in Orange County, 

New York also has monitoring data in 

AQS for early 2011 that exceed the 

standard. The EPA anticipates that these 

data will be sufficient to support 

nonattainment designations or other 

appropriate action once quality assured 

and certified. However, the EPA cannot 

finalize nonattainment designations for 

these areas at this time because the data 

that were reported to AQS have not yet 

been quality assured and certified and 

appropriate nonattainment area 

boundaries have not been defined for 

two of the areas. Therefore, the EPA is 

designating these three areas as 

unclassifiable until this process can be 

completed.10 As noted above, there are 

no additional planning or control 

requirements that apply as a result of an 

unclassifiable designation, as compared 

to a designation of ‘‘unclassifiable/ 

attainment.’’ 

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, the EPA only 

designated nonattainment areas and 

deferred all remaining areas to this 

second round of Pb designations. All 

areas in Indian country are being 

designated unclassifiable/attainment. 

IX. Where can I find information 

forming the basis for this rule and 

exchanges between the EPA, states, and 

tribes related to this rule? 

Information providing the basis for 

this action and related decisions is 

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 the EPA and the states, 

tribes, and other parties, and the 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 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action will establish 

nonattainment designations for certain 

areas of the country for the Pb NAAQS. 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011) and is therefore not 

subject to review under those orders. 

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 

will respond 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. 

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 


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Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Rules and Regulations 72103 

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 1 year. 

Nonetheless, the EPA communicated 

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 the 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 the 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 

This action is not designating any 

tribal areas as nonattainment. Executive 

Order 13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

2, 2000), requires the 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 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 programs to attain and 

maintain the Pb NAAQS, but it leaves 

to the discretion of the tribe the decision 

of whether to develop and implement 

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 50.16). 

This rule establishes the designation for 

most areas of the country for the Pb 

NAAQS but no areas in Indian country 

are being designated as nonattainment 

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, the EPA 

communicated with tribal leaders and 

environmental staff regarding the 

designations process. The 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 the EPA. The EPA 

provided further information to tribes 

through presentations at the National 

Tribal Forum and through participation 

in National Tribal Air Association 

conference calls. The EPA also sent 

individualized letters to all federally 

recognized tribes that submitted 

recommendations to the EPA about the 

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 the EPA 

about the general designations process 

for the Pb NAAQS, as well as concerns 

specific to a tribe, and informed the 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. See 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 the 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 


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bodies. The NTTAA directs the 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, the 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, 2011. 

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 the 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 the 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 

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 D.C. 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 8, 2011. 

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—[Amended] 

■ 2. Section 81.301 is amended as 

follows: 

■ a. By removing the table entitled 

‘‘Alabama—Lead.’’ 

■ b. By adding two tables entitled 

‘‘Alabama—1978 Lead NAAQS’’ and 

‘‘Alabama—2008 Lead NAAQS’’ to the 

end of the section. 

§ 81.301 Alabama. 

* * * * * 

ALABAMA—1978 LEAD NAAQS 

Designated area 

Designation Classification 

Date Type Date Type 

Statewide ..................................................................... 3/7/95 Attainment.

ALABAMA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 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.

12/31/10 Nonattainment. 


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ALABAMA—2008 LEAD NAAQS—Continued 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Rest of State ................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 3. Section 81.302 is amended by 

adding a table entitled ‘‘Alaska—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.302 Alaska. 

* * * * * 

ALASKA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State .................................................................................................................. ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 4. Section 81.303 is amended by 

adding a table entitled ‘‘Arizona—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.303 Arizona. 

* * * * * 

ARIZONA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Hayden, AZ: 

Gila County (part) ........................................................................................................................

The portions of Gila County that are bounded by: T4S,R15E; T4S,R16E (except those portions in the San Carlos Indian Reservation); T5S,R15E; T5S,R16E (except those portions 

in the San Carlos Indian Reservation).

........................ Unclassifiable. 

Pinal County (part) ......................................................................................................................

The portions of Pinal County that are bounded by: T4S,R14E; T4S, R15E; T4S,R16E (except 

those portions in the San Carlos Indian Reservation); T5S,R14E; T5S,R15E; T5S,R16E 

(except those portions in the San Carlos Indian Reservation); T6S,R14E; T6S,R15E; 

T6S,R16E (except those portions in the San Carlos Indian Reservation).

........................ Unclassifiable. 

Rest of State ....................................................................................................................................... ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 5. Section 81.304 is amended by 

adding a table entitled ‘‘Arkansas—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.304 Arkansas. 

* * * * * 

ARKANSAS—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 6. Section 81.305 is amended as 

follows: 

■ a. By removing the table entitled 

‘‘California—Lead.’’ 

■ b. By adding a table entitled 

‘‘California—2008 Lead NAAQS’’ to the 

end of the section to read as follows: 

§ 81.305 California. 

* * * * * 


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CALIFORNIA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Los Angeles County—South Coast Air Basin, CA: 

Los Angeles County (part) .......................................................................................................... 12/31/10 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; 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. 

Rest of State ....................................................................................................................................... ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 7. Section 81.306 is amended by 

adding a table entitled ‘‘Colorado—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.306 Colorado. 

* * * * * 

COLORADO—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 8. Section 81.307 is amended by 

adding a table entitled ‘‘Connecticut— 

2008 Lead NAAQS’’ to the end of the 

section to read as follows: 

§ 81.307 Connecticut. 

* * * * * 

CONNECTICUT—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 9. Section 81.308 is amended by 

adding a table entitled ‘‘Delaware—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.308 Delaware. 

* * * * * 


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DELAWARE—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 10. Section 81.309 is amended by 

adding a table entitled ‘‘District of 

Columbia—2008 Lead NAAQS’’ to the 

end of the section to read as follows: 

§ 81.309 District of Columbia. 

* * * * * 

DISTRICT OF COLUMBIA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 11. Section 81.310 is amended as 

follows: 

■ a. By removing the table entitled 

‘‘Florida—Lead.’’ 

■ b. By adding two tables entitled 

‘‘Florida—1978 Lead NAAQS’’ and 

‘‘Florida—2008 Lead NAAQS’’ to the 

end of the section. 

§ 81.310 Florida. 

* * * * * 

FLORIDA—1978 LEAD NAAQS 

Designated area 

Designation Classification 

Date Type Date Type 

Hillsborough County (part) 1/6/92 Unclassifiable.

The area encompassed within a radius of (5) kilometers centered at UTM coordinates: 364.0 

East, 3093.5 North, zone 17 (in city of 

Tampa). 

Rest of State Not Designated. 

FLORIDA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Tampa, FL: 

Hillsborough County (part) .......................................................................................................... 12/31/10 Nonattainment. 

Area is located within a 1.5 km radius centered at UTM coordinates 364104 meters E, 

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

Rest of State ....................................................................................................................................... ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 12. Section 81.311 is amended as 

follows: 

■ a. By removing the table heading 

‘‘Georgia—Lead’’ and adding in its place 

the table heading ‘‘Georgia—1978 Lead 

NAAQS.’’ 

■ b. By adding a table entitled 

‘‘Georgia—2008 Lead NAAQS’’ to the 

end of the section. 

§ 81.311 Georgia. 

* * * * * 

GEORGIA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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


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1 December 31, 2011 unless otherwise noted. 

■ 13. Section 81.312 is amended by 

adding a table entitled ‘‘Hawaii—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.312 Hawaii. 

* * * * * 

HAWAII—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 14. Section 81.313 is amended by 

adding a table entitled ‘‘Idaho—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.314 Idaho. 

* * * * * 

IDAHO—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 15. Section 81.314 is amended as 

follows: 

■ a. By removing the table entitled 

‘‘Illinois—Lead.’’ 

■ b. By adding a table entitled 

‘‘Illinois—2008 Lead NAAQS’’ to the 

end of the section to read as follows: 

§ 81.314 Illinois. 

* * * * * 

ILLINOIS—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Chicago, IL: 

Cook County (part) ...................................................................................................................... ........................ Nonattainment. 

Area bounded by Damen Ave. on the west, Roosevelt Rd. on the north, the Dan Ryan 

Expressway on the east, and the Stevenson Expressway on the south.

Granite City, IL: 

Madison County (part) ................................................................................................................. 12/31/10 Nonattainment. 

Area is bounded by Granite City Township and Venice Township.

Rest of State ....................................................................................................................................... ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 16. Section 81.315 is amended as 

follows: 

■ a. By removing the table entitled 

‘‘Indiana—Lead.’’ 

■ b. By adding two tables entitled 

‘‘Indiana—1978 Lead NAAQS’’ and 

‘‘Indiana—2008 Lead NAAQS’’ to the 

end of the section. 

§ 81.315 Indiana. 

* * * * * 

INDIANA—1978 LEAD NAAQS 

Designated area 

Designation Classification 

Date Type Date Type 

Marion County (Part)— 7/10/00 Attainment.

Part of Franklin Township: Thompson Road on 

the south; Emerson Avenue on the west; Five 

Points Road on the east; and Troy Avenue on 

the north. 

Marion County (Part)— 7/10/00 Attainment.


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INDIANA—1978 LEAD NAAQS—Continued 

Designated area 

Designation Classification 

Date Type Date Type 

Part of Wayne Township: Rockville Road on the 

north; Girls School Road on the east; Washington Street on the south; and Bridgeport 

Road on the west. 

Rest of State Not Designated. 

INDIANA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Muncie, IN: 

Delaware County (part) ............................................................................................................... 12/31/10 Nonattainment. 

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 the 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. 

Rest of State ....................................................................................................................................... ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 17. Section 81.316 is amended by 

adding a table entitled ‘‘Iowa—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.316 Iowa. 

* * * * * 

IOWA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Pottawattamie, IA: 

Pottawattamie County (part) ........................................................................................................ ........................ Nonattainment. 

Area bounded by Avenue G on the north, N 16th/S 16th street on the east, 23rd Avenue 

on the south, and N 35th/S 35th street on the west. 

Rest of State ....................................................................................................................................... ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 18. Section 81.317 is amended by 

adding a table entitled ‘‘Kansas—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.317 Kansas. 

* * * * * 

KANSAS—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Saline County, KS: 

Saline County (part) .................................................................................................................... ........................ Nonattainment. 

Area bounded by Schilling Rd. on the north, 1⁄4 mile west of S. Ohio St. on the east, 

Water Well Rd. on the south, and 9th Street on the west. 

Rest of State ....................................................................................................................................... ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 19. Section 81.318 is amended by 

adding a table entitled ‘‘Kentucky— 

2008 Lead NAAQS’’ to the end of the 

section to read as follows: 

§ 81.318 Kentucky. 

* * * * * 


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KENTUCKY—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 20. Section 81.319 is amended as 

follows: 

■ a. By removing the table heading 

‘‘Louisiana—Lead’’ and adding in its 

place table heading ‘‘Louisiana—1978 

Lead NAAQS.’’ 

■ b. By adding a table to the end of the 

section entitled ‘‘Louisiana—2008 Lead 

NAAQS.’’ 

§ 81.319 Louisiana. 

* * * * * 

LOUISIANA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 21. Section 81.320 is amended by 

adding a table entitled ‘‘Maine—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.320 Maine. 

* * * * * 

MAINE—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 22. Section 81.321 is amended by 

adding a table entitled ‘‘Maryland— 

2008 Lead NAAQS’’ to the end of the 

section to read as follows: 

§ 81.321 Maryland. 

* * * * * 

MARYLAND—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 23. Section 81.322 is amended by 

adding a table entitled 

‘‘Massachusetts—2008 Lead NAAQS’’ to 

the end of the section to read as follows: 

§ 81.322 Massachusetts. 

* * * * * 

MASSACHUSETTS—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 24. Section 81.323 is amended by 

adding a table entitled ‘‘Michigan—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.323 Michigan. 

* * * * * 


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MICHIGAN—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Belding, MI: 

Ionia County (part) ....................................................................................................................... ........................ Nonattainment. 

The area bounded by the following coordinates: Southeast corner by latitude 

43.0956705 N and longitude 85.2130771 W; southwest corner (intersection of S. 

Broas St. and W. Washington St.) by latitude 43.0960358 N and longitude 85.2324027 

W; northeast corner by latitude 43.1074942 N and longitude 85.2132313 W; western 

boundary 1 (intersection of W. Ellis St. and the vertical extension of S. Broas St.) by 

latitude 43.1033277 N and longitude 85.2322553 W; western boundary 2 (intersection 

of W. Ellis St. and N. Bridge St.) by latitude 43.1033911 N and longitude 85.2278464 

W; western boundary 3 (intersection of N. Bridge St. and Earle St.) by latitude 

43.1074479 N and longitude 85.2279722 W. 

Rest of State ....................................................................................................................................... ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 25. Section 81.324 is amended as 

follows: 

■ a. By removing the table entitled 

‘‘Minnesota—Lead.’’ 

■ b. By adding two tables entitled 

‘‘Minnesota—1978 Lead NAAQS’’ and 

‘‘Minnesota—2008 Lead NAAQS’’ to the 

end of the section. 

§ 81.324 Minnesota. 

* * * * * 

MINNESOTA—1978 LEAD NAAQS 

Designated area 

Designation Classification 

Date Type Date Type 

Dakota County ............................................................. 12/19/94 Attainment.

Rest of State not designated. 

MINNESOTA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Eagan, MN: 

Dakota County (part) ................................................................................................................... 12/31/10 Nonattainment. 

Portions of Dakota County 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. 

Rest of State ....................................................................................................................................... ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 26. Section 81.325 is amended by 

adding a table entitled ‘‘Mississippi— 

2008 Lead NAAQS’’ to the end of the 

section to read as follows: 

§ 81.325 Mississippi. 

* * * * * 

MISSISSIPPI—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 27. Section 81.326 is amended as 

follows: 

■ a. By removing the table entitled 

‘‘Missouri—Lead.’’ 

■ b. By adding two tables entitled 

‘‘Missouri—1978 Lead NAAQS’’ and 

‘‘Missouri—2008 Lead NAAQS’’ to the 

end of the section. 

§ 81.326 Missouri. 

* * * * * 


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MISSOURI—1978 LEAD NAAQS 

Designated area 

Designation Classification 

Date Type Date Type 

Iron County (part) 

Within boundaries of Dent Township ................... 10/18/00 Attainment.

Iron County (part) 

Within boundaries of Liberty and Arcadia Townships.10/29/04 Attainment.

Jefferson County (part) 

Within city limits of Herculaneum ......................... 1/6/92 Nonattainment.

Dent County ................................................................ 1/6/92 Unclassifiable.

Holt County .................................................................. 1/6/92 Unclassifiable.

Rest of State Not Designated. 

MISSOURI—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Iron, Dent, and Reynolds Counties, MO: 

Dent County (part) ....................................................................................................................... 2/31/10 Nonattainment. 

Sections 4, 9, 16, 21, 28, 33 of T34N, R2W.

Iron County (part) ........................................................................................................................ 12/31/10 Nonattainment. 

Sections 6–7, 18–19, 30–32 of T34N, R1W and Sections 1–3, 10–15, 22–27, 34–36 of 

T34N, R2W. 

Reynolds County (part) ............................................................................................................... 12/31/10 Nonattainment. 

Sections 5–7 of T33N, R1W and Sections 1–3, 10–12 of T33N, R2W. 

Jefferson County, MO: 

Jefferson County (part) ................................................................................................................ 12/31/10 Nonattainment. 

Within city limits of Herculaneum. 

Rest of State ....................................................................................................................................... ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 28. Section 81.327 is amended as 

follows: 

■ a. By removing the table heading 

‘‘Montana—Lead’’ and adding in its 

place table heading ‘‘Montana—1978 

Lead NAAQS.’’ 

■ b. By adding a table to the end of the 

section entitled ‘‘Montana—2008 Lead 

NAAQS.’’ 

§ 81.327 Montana. 

* * * * * 

MONTANA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 29. Section 81.328 is amended as 

follows: 

■ a. By removing the table heading 

‘‘Nebraska—Lead’’ and adding in its 

place table heading ‘‘Nebraska—1978 

Lead NAAQS.’’ 

■ b. By adding a table to the end of the 

section entitled ‘‘Nebraska—2008 Lead 

NAAQS.’’ 

§ 81.328 Nebraska. 

* * * * * 

NEBRASKA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 


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■ 30. Section 81.329 is amended by 

adding a table entitled ‘‘Nevada—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.329 Nevada. 

* * * * * 

NEVADA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 31. Section 81.330 is amended by 

adding a table entitled ‘‘New 

Hampshire—2008 Lead NAAQS’’ to the 

end of the section to read as follows: 

§ 81.330 New Hampshire. 

* * * * * 

NEW HAMPSHIRE—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 32. Section 81.331 is amended by 

adding a table entitled ‘‘New Jersey— 

2008 Lead NAAQS’’ to the end of the 

section to read as follows: 

§ 81.331 New Jersey. 

* * * * * 

NEW JERSEY—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 33. Section 81.332 is amended by 

adding a table entitled ‘‘New Mexico— 

2008 Lead NAAQS’’ to the end of the 

section to read as follows: 

§ 81.332 New Mexico. 

* * * * * 

NEW MEXICO—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 34. Section 81.333 is amended as 

follows: 

■ a. By removing the table heading 

‘‘New York—Lead’’ and adding in its 

place table heading ‘‘New York—1978 

Lead NAAQS.’’ 

■ b. By adding a table entitled ‘‘New 

York—2008 Lead NAAQS’’ to the end of 

the section. 

§ 81.333 New York. 

* * * * * 

NEW YORK—2008 LEAD NAAQS 

Designation area 

Designation for the 2008 NAAQSa

Date 1 Type 

Orange County, NY: 

Orange County ............................................................................................................................ ........................ Unclassifiable. 

Rest of State ....................................................................................................................................... ........................ Unclassifiable/Attainment. 

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


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1 December 31, 2011 unless otherwise noted. 

■ 35. Section 81.334 is amended by 

adding a table entitled ‘‘North 

Carolina—2008 Lead NAAQS’’ to the 

end of the section to read as follows: 

§ 81.334 North Carolina. 

* * * * * 

NORTH CAROLINA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 36. Section 81.335 is amended by 

adding a table entitled ‘‘North Dakota— 

2008 Lead NAAQS’’ to the end of the 

section to read as follows: 

§ 81.335 North Dakota. 

* * * * * 

NORTH DAKOTA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 37. Section 81.336 is amended as 

follows: 

■ a. By removing the table entitled 

‘‘Ohio—Lead.’’ 

■ b. By adding two tables entitled 

‘‘Ohio—1978 Lead NAAQS’’ and 

‘‘Ohio—2008 Lead NAAQS’’ to the end 

of the section to read as follows: 

§ 81.336 Ohio. 

* * * * * 

OHIO—1978 LEAD NAAQS 

Designated area 

Designation Classification 

Date Type Date Type 

Cuyahoga County (part) 

Subcounty area in the vicinity of Master Metals .. 1/6/92 Unclassifiable.

On the west by Interstate 71, on the north 

by the Conrail tracks, on the east by 

Interstate 77, and on the south by a line 

running from the intersection of Interstate 

71 and Clark Avenue to the intersection 

of Interstate 77 and Pershing Avenue.

Rest of State Not Designated.

OHIO—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Bellefontaine, OH: 

Logan County (part) .................................................................................................................... 12/31/10 Nonattainment. 

The portions of Logan County that are bounded by: sections 27, 28, 33, and 34 of Lake 

Township. 

Cleveland, OH: 

Cuyahoga County (part) .............................................................................................................. 12/31/10 Nonattainment. 

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. 

Delta, OH: 

Fulton County (part) .................................................................................................................... 12/31/10 Nonattainment. 

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. 

Rest of State ....................................................................................................................................... ........................ Unclassifiable/Attainment. 

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


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1 December 31, 2011 unless otherwise noted. 

■ 38. Section 81.337 is amended by 

adding a table entitled ‘‘Oklahoma— 

2008 Lead NAAQS’’ to the end of the 

section to read as follows: 

§ 81.337 Oklahoma. 

* * * * * 

OKLAHOMA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQS 

Date1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 39. Section 81.338 is amended by 

adding a table entitled ‘‘Oregon—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.338 Oregon. 

* * * * * 

OREGON—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQS 

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 40. Section 81.339 is amended as 

follows: 

■ a. By removing the table entitled 

‘‘Pennsylvania—Lead.’’ 

■ b. By adding a table entitled 

‘‘Pennsylvania—2008 Lead NAAQS’’ to 

the end of the section to read as follows: 

§ 81.339 Pennsylvania. 

* * * * * 

PENNSYLVANIA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQS 

Date 1 Type 

Lower Beaver Valley, PA: 

Beaver County (part) ................................................................................................................... 2 12/31/10 Nonattainment. 

Area is bounded by Potter Township, Vanport Township, and Center Township. 

Lyons, PA: 

Berks County (part) ..................................................................................................................... 12/31/10 Nonattainment. 

Area is bounded by Kutztown Borough, Lyons Borough, Maxatawny Township and Richmond Township. 

North Reading, PA: 

Berks County (part) ..................................................................................................................... 12/31/10 Nonattainment. 

Area is bounded by Alsace Township, Laureldale Borough, and Muhlenberg Township. 

Rest of State ....................................................................................................................................... ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

2 Center Township was included in the nonattainment area as of 12/31/11. 

■ 41. Section 81.340 is amended by 

adding a table entitled ‘‘Rhode Island— 

2008 Lead NAAQS’’ to the end of the 

section to read as follows: 

§ 81.340 Rhode Island. 

* * * * * 

RHODE ISLAND—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQS 

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 


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■ 42. Section 81.341 is amended by 

adding a table entitled ‘‘South 

Carolina—2008 Lead NAAQS’’ to the 

end of the section to read as follows: 

§ 81.341 South Carolina. 

* * * * * 

SOUTH CAROLINA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQS 

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 43. Section 81.342 is amended by 

adding a table entitled ‘‘South Dakota— 

2008 Lead NAAQS’’ to the end of the 

section to read as follows: 

§ 81.342 South Dakota. 

* * * * * 

SOUTH DAKOTA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQS 

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 44. Section 81.343 is amended as 

follows: 

■ a. By removing the table entitled 

‘‘Tennessee—Lead.’’ 

■ b. By adding two tables entitled 

‘‘Tennessee—1978 Lead NAAQS’’ and 

‘‘Tennessee—2008 Lead NAAQS’’ to the 

end of the section. 

§ 81.343 Tennessee. 

* * * * * 

TENNESSEE—1978 LEAD NAAQS 

Designated area 

Designation Classification 

Date Type Date Type 

Shelby County (part) ................................................... 7/2/01 Attainment.

Area encompassed by a circle with a 3⁄4 mile radius with center being the intersection of 

Castex and Mallory Avenue, Memphis, TN. 

Williamson County (part) ............................................. 9/10/99 Attainment.

Area encompassed by a circle centered on Universal Transverse Mercator coordinate 530.38 

E, 3961.60 N (Zone 16) with a radius of 1.5 

kilometers. 

Fayette County (part) .................................................. 10/17/95 Attainment.

Area encompassed by a circle centered on Universal Transverse Mercator coordinate 267.59 

E, 3881.30 N (Zone 16) with a radius of 1.0 

kilometers. 

Rest of State Not Designated.

TENNESSEE—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Bristol, TN: 

Sullivan County (part) .................................................................................................................. 12/31/10 Nonattainment. 

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. 

Knox County, TN: 

Knox County ................................................................................................................................ ........................ Unclassifiable. 

Rest of State ....................................................................................................................................... ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 


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Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Rules and Regulations 72117 

■ 45. Section 81.344 is amended as 

follows: 

■ a. By removing the table entitled 

‘‘Texas—Lead.’’ 

■ b. By adding two tables entitled 

‘‘Texas—1978 Lead NAAQS’’ and 

‘‘Texas—2008 Lead NAAQS’’ to the end 

of the section. 

§ 81.344 Texas. 

TEXAS–1978 LEAD NAAQS 

Designated area 

Designation Classification 

Date Type Date Type 

Collin County (all) ........................................................ 12/13/99 Attainment.

Eastside: 

Starting at the intersection of south Fifth St. 

and the fence line approximately 1000′ 

south of the GNB property line going 

north to the intersection of south Fifth St. 

and Eubanks St.; 

Northside: 

Proceeding west on Eubanks to the Burlington Railroad tracks; 

Westside: 

Along Burlington Railroad tracks to the 

fence line approximately 1000′ south of 

the GNB property line; 

Southside: 

Fence line approximately 1000′ south of the 

GNB property line. 

Bexar County (part) 

Northside: 

Starting at intersection of Loop 1604 and 

Nelson Gardens Road and along the Nelson Gardens Road to Covel Road; 

Eastside: 

Along Covel Road to Pearsall Road and 

along Pearsall Road to Nelson Road; 

Southside: 

Along Nelson Road to where it intersects 

with Loop 1604; 

Westside: 

Along Loop 1604 where it intersects with 

Nelson Gardens Road. 

Rest of State Not Designated.

1This date is November 15, 1990, unless otherwise noted. 

TEXAS—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Frisco, TX: 

Collin County (part) 12/31/10 Nonattainment. 

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. 

Rest of State ....................................................................................................................................... ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 46. Section 81.345 is amended by 

adding a table entitled ‘‘Utah—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.345 Utah. 

* * * * * 

UTAH—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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


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72118 Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Rules and Regulations 

1 December 31, 2011 unless otherwise noted. 

■ 47. Section 81.346 is amended by 

adding a table entitled ‘‘Vermont—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.346 Vermont. 

* * * * * 

VERMONT—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 48. Section 81.347 is amended by 

adding a table entitled ‘‘Virginia—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.347 Virginia. 

* * * * * 

VIRGINIA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 49. Section 81.348 is amended by 

adding a table entitled ‘‘Washington— 

2008 Lead NAAQS’’ to the end of the 

section to read as follows: 

§ 81.348 Washington. 

* * * * * 

WASHINGTON—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 50. Section 81.349 is amended by 

adding a table entitled ‘‘West Virginia— 

2008 Lead NAAQS’’ to the end of the 

section to read as follows: 

§ 81.349 West Virginia. 

* * * * * 

WEST VIRGINIA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 51. Section 81.350 is amended by 

adding a table entitled ‘‘Wisconsin— 

2008 Lead NAAQS’’ to the end of the 

section to read as follows: 

§ 81.350 Wisconsin. 

* * * * * 

WISCONSIN—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 


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■ 52. Section 81.351 is amended by 

adding a table entitled ‘‘Wyoming— 

2008 Lead NAAQS’’ to to the end of the 

section read as follows: 

§ 81.351 Wyoming. 

* * * * * 

WYOMING—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 53. Section 81.352 is amended by 

adding a table entitled ‘‘American 

Samoa—2008 Lead NAAQS’’ to the end 

of the section to read as follows: 

§ 81.352 American Samoa. 

* * * * * 

AMERICAN SAMOA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 54. Section 81.353 is amended by 

adding a table entitled ‘‘Guam—2008 

Lead NAAQS’’ to the end of the section 

to read as follows: 

§ 81.353 Guam. 

* * * * * 

GUAM—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 55. Section 81.354 is amended by 

adding a table entitled ‘‘Northern 

Mariana Islands—2008 Lead NAAQS’’ 

to the end of the section to read as 

follows: 

§ 81.354 Northern Mariana Islands. 

* * * * * 

NORTHERN MARIANA ISLANDS—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

■ 56. Section 81.355 is amended by 

adding a table entitled ‘‘Puerto Rico— 

2008 Lead NAAQS’’ to the end of the 

section to read as follows: 

§ 81.355 Puerto Rico. 

* * * * * 

PUERTO RICO—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Arecibo, PR: 

Arecibo Municipio (part) ........................ Nonattainment. 

Area bounded by 4 km from the boundaries of the Battery Recycling Company facility. 

Rest of State ....................................................................................................................................... ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 


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72120 Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Rules and Regulations 

■ 57. Section 81.356 is amended by 

adding a table entitled ‘‘Virgin Islands— 

2008 Lead NAAQS’’ to the end of the 

section to read as follows: 

§ 81.356 Virgin Islands. 

* * * * * 

VIRGIN ISLANDS—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Whole State ........................................................................................................................................ ........................ Unclassifiable/Attainment. 

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

1 December 31, 2011 unless otherwise noted. 

[FR Doc. 2011–29460 Filed 11–21–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 112 

[EPA–HQ–OPA–2011–0838; FRL–9494–8] 

RIN 2050–AG69 

Oil Pollution Prevention; Spill 

Prevention, Control, and 

Countermeasure (SPCC) Rule— 

Compliance Date Amendment for 

Farms 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA (or the Agency) is taking 

final action to amend the date by which 

farms must prepare or amend, and 

implement their Spill Prevention, 

Control, and Countermeasure Plans to 

May 10, 2013. The date is being 

amended because a large segment of the 

continental U.S. was affected by 

flooding during the spring and summer 

of 2011, and other areas were impacted 

by devastating fires and drought 

conditions. In addition, despite the 

targeted farm outreach efforts by EPA 

over the past ten months, the sheer 

number of farms throughout the U.S. 

makes it a challenge to reach those 

owners and operators of farms that may 

be subject to the SPCC Plan regulations. 

As a result, the Agency believes that 

farms need additional time to come into 

compliance with the requirements to 

prepare or amend and implement a 

SPCC Plan. 

DATES: This rule is effective on 

November 22, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OPA–2011–0838. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 through 

http://www.regulations.gov or in hard 

copy at the RCRA 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 RCRA Docket is (202) 

566–1744. 

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the 

Superfund, TRI, EPCRA, RMP and Oil 

Information Center at (800) 424–9346 or 

TDD (800) 553–7672 (hearing impaired). 

In the Washington, DC metropolitan 

area, call (703) 412–9810 or TDD (703) 

412–3323. For more detailed 

information on specific aspects of this 

final rule, contact either Lynn Beasley at 

(202) 564–1965 (beasley.lynn@epa.gov) 

or Mark W. Howard at (202) 564–1964 

(howard.markw@epa.gov), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460–0002, Mail Code 5104A. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

Industry sector NAICS code 

Farms .................................... 111, 112 

Government .......................... 92 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be regulated by 

this action. Other types of entities not 

listed in the table could also be 

regulated. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

II. What does this amendment do? 

This action amends the date by which 

farms as defined in section 112.2 must 

prepare or amend, and implement their 

SPCC Plan to May 10, 2013. A farm is 

defined in this section as a facility on 

a tract of land devoted to the production 

of crops or raising of animals, including 

fish, which produced and sold, or 

normally would have produced and 

sold, $1,000 or more of agricultural 

products during a year. 

On June 19, 2009 (74 FR 29136), EPA 

issued a final rule in the Federal 

Register that amended the dates by 

which facilities must prepare or amend 

their SPCC Plans, and implement those 

Plans to November 10, 2010. On October 

14, 2010 (75 FR 63093), EPA issued a 

final rule in the Federal Register with 

a new compliance date of November 10, 

2011, by which certain facilities must 

prepare or amend, and implement their 

SPCC Plans, providing an additional 

year for the remaining facilities. On 

October 18, 2011, EPA issued a direct 

final rule (76 FR 64245) and a 

concurrent proposed rule (76 FR 64296), 

in the Federal Register that amended 

the dates by which farms must prepare 

or amend their SPCC Plans, and 

implement those Plans to May 10, 2013. 

Prior to the close of the public 

comment period for the concurrent 

proposed rule, the Agency received 

written adverse comments concerning 

the amended compliance dates. This 

final rule supersedes any and all prior 

published rules, including the direct 

final rule, in extending the compliance 

date to May 10, 2013 for the owners or 

operators of farms as defined in 40 CFR 

112.2. We have addressed the public 

comments in the Response to Comment 

section of this preamble. This action 

further extends the compliance date to 

May 10, 2013 for the owners or 

operators of farms as defined in 40 CFR 

112.2. The Agency recognizes that the 

owners or operators of some facilities 

excluded from the extension of the 

compliance date may still require 

additional time to amend or prepare 

their SPCC Plans as a result of either 

non-availability of qualified personnel, 


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