[Federal Register Volume 62, Number 214 (Wednesday, November 5, 1997)]
[Proposed Rules]
[Pages 59840-59842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29293]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 58

[AD-FRL-5903-6]
RIN 2060-AF71


Ambient Air Quality Surveillance for Lead

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Lead air pollution levels measured near the Nation's roadways 
have decreased 97 percent between 1976 and 1995 with the elimination of 
lead in gasoline used by on-road mobile sources. Because of this 
historic decrease, EPA is shifting its ambient air monitoring focus 
from measuring lead air pollutant concentrations emanating from mobile 
source emissions toward a focus on stationary point sources of lead air 
pollution. Today's action proposes to revise the part 58 lead air 
monitoring regulations to allow many lead monitoring stations to be 
discontinued while maintaining a core lead monitoring network in urban 
areas to track continued compliance with the lead National Ambient Air 
Quality Standards (NAAQS). This action also requires lead ambient air 
monitoring around lead stationary sources. This action is being taken 
at the direct request of numerous State and local agencies whose on-
road mobile source-oriented lead monitors have been reporting peak lead 
air pollution values that are many times less than the quarterly lead 
NAAQS of 1.5<greek-m>g/m\3\ for many years. Approximately 70 of the 
National Air Monitoring Stations (NAMS) and a number of the State and 
Local Air Monitoring Stations (SLAMS) could be discontinued with this 
action, thus making more resources available to those State and local 
agencies to deploy lead air quality monitors around heretofore 
unmonitored lead stationary sources.

DATES: Comments must be submitted on or before December 5, 1997.

ADDRESSES: Comments should be submitted (in duplicate, if possible) to: 
Air Docket (LE-131), US Environmental Protection Agency, Attn. Docket 
No. A-91-22, 401 M Street, SW, Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Brenda Millar, Emissions, Monitoring, 
and Analysis Division (MD-14), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711, Telephone: (919) 541-4036, e-
mail:<a href="/cdn-cgi/l/email-protection#167b7f7a7a77643874647378727756737b777f7a3873667738717960"><span class="__cf_email__" data-cfemail="d7babebbbbb6a5f9b5a5b2b9b3b697b2bab6bebbf9b2a7b6f9b0b8a1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Authority

    Sections 110, 301(a), and 319 of the Clean Air Act as amended 42 
U.S.C. 7410, 7601(a), 7619.

II. Background

    The current ambient air monitoring regulations that pertain to lead 
air sampling were written in the 1970's when lead emissions from on-
road mobile sources (e.g., automobiles, trucks) were the predominant 
lead air emission source affecting our communities. As such, the 
current lead monitoring requirements focus primarily upon the idea of 
determining the air quality impacts from major roadways and urban 
traffic arterial highways. Since the 1970's, lead has been removed from 
gasoline sources for on-road vehicles (on-oad vehicles now account for 
less than 1 percent of total lead emissions), and a 97 percent decrease 
in lead air pollution levels measured in our neighborhoods and near 
roadways has occurred nationwide. Because of this historic decrease, 
EPA is reducing its requirements for measuring lead air pollutant 
concentrations near major highways, and is focusing on stationary point 
sources and their impacts on neighboring populations.
    The current lead air monitoring regulations require that each 
urbanized area with a population of 500,000 or more operate at least 
two lead NAMS, one of which must be a roadway-oriented site and the 
second must be a neighborhood site with nearby traffic arteries or 
other major roadways. There are approximately 85 NAMS in operation and 
reporting data for 1996. This action would reduce this NAMS requirement 
to include one NAMS site in one of the two largest Metropolitan 
Statistical Areas (MSA/CMSA) within each of the ten EPA Regions, and 
one NAMS population-oriented site in each populated area (either a MSA/
CMSA, town, or county) where lead violations have been measured over 
the most recent 8 calendar quarters. This latter requirement is 
designed to provide information to citizens living in areas that have 
one or more lead stationary sources that are causing recent air quality 
violations. At present, the MSA/CMSAs, cities, or counties that have 
one or more quarterly Pb NAAQS violations that would be subject to this 
requirement include:

 Table 1.--CMSA/MSA's or Counties With One or More Lead NAAQS Violations
                              in 1995-1996                              
------------------------------------------------------------------------
           CMSA/MSA or county              Contributing lead source(s)  
------------------------------------------------------------------------
Philadelphia-Wilmington-Atlantic City    Franklin Smelter in            
 CMSA.                                    Philadelphia County, PA.      
Tampa-St. Petersburg-Clearwater MSA....  Gulf Coast Lead in Hillsborough
                                          County, FL.                   
Memphis MSA............................  Refined Metals in Shelby       
                                          County, TN.                   
Nashville MSA..........................  General Smelting in Williamson 
                                          County, TN.                   
St. Louis MSA..........................  Chemetco in Madison County, IL,
                                          and Doe Run in Jefferson      
                                          County, MO.                   
Cleveland-Akron CMSA...................  Master Metals in Cuyahoga      
                                          County, OH.                   
Iron County, MO........................  ASARCO in/near Hogan, MO.      

[[Page 59841]]

                                                                        
Omaha MSA..............................  ASARCO in Douglas County, NE.  
Lewis and Clark County, MT.............  ASARCO in/near East Helena, MT.
------------------------------------------------------------------------

    Data from these NAMS will be used to assess national trends in lead 
ambient air pollution. Figure 1 demonstrates the effect that these 
monitoring reductions will have on our national lead air pollutant 
trends.
    For other monitoring within the SLAMS network, EPA is proposing to 
require, State and local agencies to focus their efforts toward 
establishing air monitoring networks around lead stationary sources 
which are causing or have a potential to cause exceedances of the 
quarterly lead NAAQS. Many of these sources have been identified 
through EPA's ongoing Lead NAAQS Attainment Strategy, and monitoring 
has already been established. In general, stationary sources emitting 
five or more tons per year are considered to be candidates for 
additional lead monitoring, although smaller stationary sources may 
also be problematic depending upon the facility's size and proximity to 
neighborhoods. EPA recommends a minimum of two sites per source, one 
located for stack emission impacts and the other for fugitive emission 
impacts. Variations of this two-site network are expected as source 
type, topography, locations of neighboring populations, and other 
factors play a role in how to most appropriately design such a network. 
EPA guidance for lead monitoring around point sources has been 
developed and is available through a variety of sources including the 
National Technical Information Service (703-487-4650), and electronic 
forms accessible through EPA's Office of Air Quality Planning & 
Standards Technology Transfer Network, Ambient Monitoring Technology 
Information Center (AMTIC) bulletin board system at <a href="http://
ttnwww.rtpnc.epa.gov">http://
ttnwww.rtpnc.epa.gov</a>.
    In addition to the changes to the lead monitoring requirements, EPA 
proposes several minor changes to update and correct regulatory 
provisions to current practices. Specifically this affects 40 CFR part 
58 sections 58.31, 58.34, 58.41, Appendix B, Appendix D sections 3.2 
and 3.3, and Appendix G sections 1 and 2b.

III. Administrative Requirements Section

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to Office of Management and Budget (OMB) review and 
to the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations or recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of the Executive Order 12866 and is 
therefore not subject to formal OMB review.

B. Paperwork Reduction Act

    Today's action does not impose any new information collection 
burden. This action proposes to revise the part 58 air monitoring 
regulations for lead to allow many monitoring sites to be discontinued. 
The Office of Management and Budget (OMB) has previously approved the 
information collection requirements in the part 58 regulation under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 2060-0084 (EPA ICR No. 0940.13 and 
revised by 0940.14).

C. Impact on Small Entities

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entitites. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions whose jurisdictions are less than 50,000 people. This 
proposal will not have a significant impact on a substantial number of 
small entities because it does not impact small entities whose 
jurisdictions cover less than 50,000 people. Pursuant to the provision 
of 5 USC 605(b), I certify that this action will not have a significant 
economic impact on a substantial number of small entities.
    Since this modification is classified as minor, no additional 
reviews are required.

D. Unfunded Mandates Reform Act of 1995

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final standards that include a Federal mandate that may result in 
estimated costs to State, local, or tribal governments, or to the 
private sector, of, in the aggregate, $100 million or more. Under 
section 205, EPA must select the most cost-effective and least 
burdensome alternative that achieves the objectives of the standard and 
is consistent with statutory requirements. Section 203 requires EPA to 
establish a plan for informing and advising any small governments that 
may be significantly or uniquely impacted by the standards. The EPA has 
determined that this action does not include a Federal mandate that may 
result in estimated costs of $100 million or more to either State, 
local, or tribal governments. Therefore, the requirements of the 
Unfunded Mandates Act of 1995 do not apply to this action.

List of Subjects in 40 CFR Part 58

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements, Quality assurance 
requirements.

[[Page 59842]]

Carol W. Browner,
Administrator.
[FR Doc. 97-29293 Filed 11-4-97; 8:45 am]
BILLING CODE 6560-50-P


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