[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Rules and Regulations]
[Pages 28543-28545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13147]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2018-0077; FRL-9979-61-Region 4]


Air Plan Approval and Air Quality Designation; AL; Redesignation 
of the Pike County Lead Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On January 3, 2018, the State of Alabama, through the Alabama 
Department of Environmental Management (ADEM), submitted a request for 
the Environmental Protection Agency (EPA) to redesignate the Troy 2008 
lead Nonattainment Area (``Troy Area'' or ``Area'') to attainment for 
the 2008 lead (Pb) National Ambient Air Quality Standards (NAAQS or 
standard) and to approve an associated State Implementation Plan (SIP) 
revision containing a maintenance plan. The Troy Area is comprised of a 
portion of Pike County in Alabama surrounding the Sanders Lead Company 
facility (Sanders Lead Facility or Facility). EPA is taking the 
following final actions related to the January 3, 2018, redesignation 
request and SIP revision: determining that the Troy Area is attaining 
the 2008 lead NAAQS; approving the SIP revision containing the State's 
maintenance plan for maintaining attainment of the 2008 lead standard; 
and redesignating the Troy Area to attainment for the 2008 lead NAAQS.

DATES: This rule is effective July 20, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2018-0077. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ashten Bailey of the Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. Ms. Bailey may be reached by phone at (404) 562-9164 or via 
electronic mail at <a href="/cdn-cgi/l/email-protection#8fedeee6e3eaf6a1eefce7fbeae1cfeaffeea1e8e0f9"><span class="__cf_email__" data-cfemail="c2a0a3abaea7bbeca3b1aab6a7ac82a7b2a3eca5adb4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 12, 2008 (73 FR 66964), EPA promulgated a revised 
primary and secondary lead NAAQS of 0.15 micrograms per cubic meter 
([micro]g/m\3\). Under EPA's regulations at 40 CFR part 50, the 2008 
lead NAAQS are met when the maximum arithmetic 3-month mean 
concentration for a 3-year period, as determined in accordance with 
appendix R of 40 CFR part 50, is less than or equal to 0.15 [micro]g/
m\3\. See 40 CFR 50.16. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement.
    EPA designated the Troy Area as a nonattainment area for the 2008 
lead NAAQS on November 22, 2010 (75 FR 71033), effective December 31, 
2010,

[[Page 28544]]

using 2007-2009 ambient air quality data. The Troy Area is comprised of 
the portion of Pike County, Alabama, 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, the only point 
source of lead emissions in the Area. EPA's designation established an 
attainment date five years after the December 31, 2010, effective date 
for the 2008 lead nonattainment designations pursuant to CAA section 
172(a)(2)(A). Therefore, the Troy Area's attainment date was December 
31, 2015.
    On January 3, 2018, Alabama requested that EPA redesignate the Troy 
Area to attainment for the 2008 lead NAAQS and submitted an associated 
SIP revision containing a maintenance plan for the Area. In a notice of 
proposed rulemaking (NPRM) published on April 13, 2018 (83 FR 16021), 
EPA proposed to take three separate but related actions: (1) To 
determine that the Troy Area is attaining the 2008 lead NAAQS based on 
complete, quality-assured, and certified ambient monitoring data for 
the 2014-2016 time period; (2) to approve Alabama's maintenance plan 
for maintaining the 2008 lead NAAQS in the Area through the year 2028 
and incorporate the plan into the SIP; and (3) to redesignate the Area 
to attainment.\1\ No relevant comments were received on the April 13, 
2018, proposed rulemaking. The details of Alabama's submittal and the 
rationale for EPA's actions are further explained in the NPRM. See 83 
FR 16021 (April 13, 2016).
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    \1\ In the NPRM, EPA noted that 2014-2016 data was the most 
recent quality-assured and certified data and that preliminary 2017 
data indicated that the Area continued to attain the standard. Since 
publication of that document, ADEM certified complete, quality-
assured data for 2017. The 2015-2017 design value for the Area is 
0.09 [micro]g/m\3\.
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II. What are the effects of these actions?

    Approval of Alabama's redesignation request changes the legal 
designation of the portion of Pike County, Alabama, that is designated 
as nonattainment as the Troy Area, found at 40 CFR 81.301, from 
nonattainment to attainment for the 2008 lead NAAQS. Approval of 
Alabama's associated SIP revision also incorporates a plan into the SIP 
for maintaining the 2008 lead NAAQS in Pike County (the Troy Area), 
Alabama, through 2028.

III. Final Action

    EPA is taking a number of final actions regarding Alabama's January 
3, 2018, request to redesignate the Troy Area to attainment and 
associated SIP revision. First, EPA is determining that the Area is 
attaining the 2008 lead NAAQS based on 2014-2016 data. Second, EPA is 
approving the maintenance plan for the Area and incorporating it into 
the SIP. Third, EPA is approving Alabama's request for redesignation of 
the Area from nonattainment to attainment for the 2008 lead NAAQS. As 
mentioned above, approval of the redesignation request changes the 
official designation of the Troy Area from nonattainment to attainment 
for the 2008 lead NAAQS.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, these actions merely approve state law as meeting Federal 
requirements and do not impose additional requirements beyond those 
imposed by state law. For this reason, these actions:
    <bullet> Are not significant regulatory actions subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
    <bullet> are not Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions because SIP approvals and redesignations are 
exempted under Executive Order 12866;
    <bullet> do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
    <bullet> do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
    <bullet> will not have disproportionate human health or 
environmental effects under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. These actions are not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 20, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to

[[Page 28545]]

enforce its requirements. See section 307(b)(2).

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: June 8, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart B--Alabama

0
2. Section 52.50(e), is amended by adding an entry for ``2008 Lead 
Maintenance Plan for the Troy Area'' at the end of the table to read as 
follows:


Sec.  52.50   Identification of plan.

* * * * *
    (e) * * *

                                 EPA Approved Alabama Non-Regulatory Provisions
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                                     Applicable
 Name of  nonregulatory  SIP       geographic or         State submittal     EPA approval  date     Explanation
          provision              nonattainment area   date/effective  date
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                                                  * * * * * * *
2008 Lead Maintenance Plan     Troy Area............  1/3/2018............  6/20/2018,..........  ..............
 for the Troy Area.                                                         [Insert Federal
                                                                             Register citation].
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. In Sec.  81.301, the table entitled ``Alabama--2008 Lead NAAQS'' is 
amended under ``Troy, AL:'' by revising the entry for ``Pike County 
(part)'' to read as follows:


Sec.  81.301   Alabama.

* * * * *

                        Alabama--2008 Lead NAAQS
------------------------------------------------------------------------
                                     Designation for the 2008 NAAQS \a\
          Designated area          -------------------------------------
                                       Date \1\             Type
------------------------------------------------------------------------
Troy, AL:
    Pike County (part) Area is           6/20/2018  Attainment.
     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.
 
                              * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ December 31, 2011 unless otherwise noted.

[FR Doc. 2018-13147 Filed 6-19-18; 8:45 am]
 BILLING CODE 6560-50-P


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