Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Rules and Regulations 43655 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: July 23, 2014 

Melody Musgrove, 

Director, Office of Special Education 

Programs. 

[FR Doc. 2014–17707 Filed 7–25–14; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0072; FRL–9913–62– 

OAR] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Section 110(a)(2) 

Infrastructure Requirements for the 

2008 Lead National Ambient Air Quality 

Standards 

Correction 

In rule document 2014–16556, 

appearing on pages 41437–41438, in the 

issue of Wednesday, July 16, 2014, make 

the following correction: 

On page 41437, in the first column, 

the subject heading is corrected to read 

as set forth above. 

[FR Doc. C1–2014–16556 Filed 7–25–14; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2013–0791; FRL–9914–22– 

Region–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Redesignation of the Bellefontaine 

Area To Attainment of the 2008 Lead 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: On October 29, 2013, the 

Ohio Environmental Protection Agency 

(OEPA) submitted a request for the 

Environmental Protection Agency (EPA) 

to redesignate the Bellefontaine 

nonattainment area to attainment for the 

2008 national ambient air quality 

standards (NAAQS or standards) for 

lead. EPA determined that the 

Bellefontaine area meets the 

requirements for redesignation and is 

also approving several additional 

related actions. EPA is approving, as 

revisions to the Ohio state 

implementation plan (SIP), the state’s 

plan for maintaining the 2008 lead 

NAAQS through 2025 for the area. EPA 

is approving the 2010 emissions 

inventory for the Bellefontaine area, 

which meet the comprehensive 

emissions inventory requirement of the 

Act. EPA is approving to take these 

actions in accordance with the Clean 

Air Act (CAA or Act) and EPA’s 

implementation regulations regarding 

the 2008 lead NAAQS. 

DATES: This direct final rule is effective 

September 26, 2014, unless EPA 

receives adverse comments by August 

27, 2014. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2013–0791, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2013– 

0791. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Sarah 

Arra, Environmental Scientist, at (312) 

886–9401 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Arra, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–9401, 

arra.sarah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What actions is EPA taking? 

II. What is the background for these actions? 

III. What are the criteria for redesignation to 

attainment? 

IV. What is EPA’s analysis of the state’s 

request? 

V. What are the effects of EPA’s actions? 

VI. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

EPA is taking several actions related 

to the redesignation of the Bellefontaine 

area to attainment for the 2008 lead 


pmangrum on DSK3VPTVN1PROD with RULES
43656 Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Rules and Regulations 

1EPA completed a second and final round of 

designations for the 2008 lead NAAQS on 

November 22, 2011. See 76 FR 72097. No additional 

areas in Ohio were designated as nonattainment for 

the 2008 lead NAAQS. 

NAAQS. EPA is approving Ohio’s lead 

maintenance plan for the Bellefontaine 

area as a revision to the Ohio SIP. EPA 

is approving the 2010 lead base year 

emission inventory which satisfies the 

requirement in section 172(c)(3) for a 

current, accurate and comprehensive 

emission inventory. 

EPA also finds that Ohio meets the 

requirements for redesignation of the 

Bellefontaine area to attainment of the 

2008 lead NAAQS under section 

107(d)(3)(E) of the CAA. EPA is thus 

granting Ohio’s request to change the 

designation of the Bellefontaine area 

from nonattainment to attainment for 

the 2008 lead NAAQS. EPA’s analysis 

for these actions are discussed in 

Section V. of today’s rulemaking. 

II. What is the background for these 

actions? 

Lead is a metal found naturally in the 

environment as well as in manufactured 

products. The major sources of lead 

emissions have historically been from 

fuels used in on-road motor vehicles 

(such as cars and trucks) and industrial 

sources. As a result of EPA’s regulatory 

efforts to remove lead from on-road 

motor vehicle gasoline, emissions of 

lead from the transportation sector 

dramatically declined by 95 percent 

between 1980 and 1999, and levels of 

lead in the air decreased by 94 percent 

between 1980 and 1999. 

Today, the highest levels of lead in 

the air are usually found near lead 

smelters. The major sources of lead 

emissions to the air today are ore and 

metals processing and piston-engine 

aircraft operating on leaded aviation 

gasoline. 

On November 12, 2008 (73 FR 66964), 

EPA established the 2008 primary and 

secondary lead NAAQS at 0.15 

micrograms per cubic meter (mg/m3) 

based on a maximum arithmetic 3- 

month mean concentration for a 3-year 

period. See 40 CFR 50.16. 

On November 22, 2010 (75 FR 71033), 

EPA published its initial air quality 

designations and classifications for the 

2008 lead NAAQS based upon air 

quality monitoring data for calendar 

years 2007–2009. These designations 

became effective on December 31, 

2010.1 The Bellefontaine area was 

designated nonattainment for the 2008 

lead NAAQS. See 40 CFR 81.336. OEPA 

submitted their redesignation request on 

October 29, 2013. 

III. What are the criteria for 

redesignation to attainment? 

The CAA sets forth the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) of the CAA allows for 

redesignation provided that: (1) The 

Administrator determines that the area 

has attained the applicable NAAQS 

based on current air quality data; (2) the 

Administrator has fully approved an 

applicable SIP for the area under section 

110(k) of the CAA; (3) the Administrator 

determines that the improvement in air 

quality is due to permanent and 

enforceable emission reductions 

resulting from implementation of the 

applicable SIP, Federal air pollution 

control regulations, or other permanent 

and enforceable emission reductions; (4) 

the Administrator has fully approved a 

maintenance plan for the area meeting 

the requirements of section 175A of the 

CAA; and (5) the state containing the 

area has met all requirements applicable 

to the area for purposes of redesignation 

under section 110 and part D of the 

CAA. 

IV. What is EPA’s analysis of the state’s 

request? 

EPA is approving the redesignation of 

the Bellefontaine area to attainment of 

the 2008 lead NAAQS and is also 

approving Ohio’s maintenance plan and 

emissions inventory for the area. The 

bases for these actions follow. 

A. Attainment Determination and 

Redesignation 

1. The Area Has Attained the 2008 Lead 

NAAQS (Section 107(d)(3)(E)(i)) 

In accordance with section 179(c) of 

the CAA, 42 U.S.C. 7509(c), EPA is 

determining that the Bellefontaine, Ohio 

area has attained the 2008 lead NAAQS. 

This determination is based upon 

complete, quality-assured, and certified 

ambient air monitoring data for the 

2010–2012 monitoring period that show 

this area has monitored attainment of 

the lead NAAQS. 

Under EPA regulations at 40 CFR 

50.16, the 2008 primary and secondary 

lead standards are met when the 

maximum arithmetic 3-month mean 

concentration for a 3-year period, as 

determined in accordance with 40 CFR 

part 50, appendix R, is less than or 

equal to 0.15 mg/m3 at all relevant 

monitoring sites in the subject area. In 

a rulemaking on November 5, 2011, EPA 

determined that the Bellefontaine air 

quality data was attaining the standard 

with a design value of 0.006 mg/m3 for 

the period of 2010–2012, well below the 

standard of 0.15 mg/m3. See 78 FR 

66280. 

Although 2010 to 2012 data are still 

the most recent quality-assured and 

certified data, preliminary 2013 data 

indicate that the area continues to attain 

the standard. The 2013 data, complete, 

but not yet certified, show that the 

maximum value for the entire year was 

0.005 mg/m3. Because 0.005 mg/m3 was 

the highest 3-month rolling average in 

2011 and 2012 (Id.), the design value for 

the 2011 to 2013 time period would not 

exceed 0.005 mg/m3, a concentration 

that is only 3.3% of the 0.15 mg/m3

standard. 

2. The Area Has Met All Applicable 

Requirements Under Section 110 and 

Part D and Has a Fully Approved SIP 

Under Section 110(k) (Section 

107(d)(3)(E)(ii) and (v)) 

We have determined that Ohio has 

met all currently applicable SIP 

requirements for purposes of 

redesignation for the Bellefontaine area 

under section 110 of the CAA (general 

SIP requirements). We also find that the 

Ohio submittal meets all SIP 

requirements currently applicable for 

purposes of redesignation under part D 

of title I of the CAA, in accordance with 

section 107(d)(3)(E)(v). In addition, with 

the exception of the emissions inventory 

under section 172(c)(3), we are 

proposing to find that all applicable 

requirements of the Ohio SIP for 

purposes of redesignation have been 

approved, in accordance with section 

107(d)(3)(E)(ii). As discussed below, in 

this action, EPA is approving Ohio’s 

2010 emissions inventory as meeting the 

section 172(c)(3) comprehensive 

emissions inventory requirement. 

In making these determinations, we 

have ascertained which SIP 

requirements are applicable for 

purposes of redesignation, and 

concluded that the Ohio SIP includes 

measures meeting those requirements 

and that they are fully approved under 

section 110(k) of the CAA. 

a. Ohio Has Met All Applicable 

Requirements for Purposes of 

Redesignation of the Bellefontaine Area 

Under Section 110 and Part D of the 

CAA 

i. Section 110 General SIP 

Requirements 

Section 110(a) of title I of the CAA 

contains the general requirements for a 

SIP. Section 110(a)(2) provides that the 

implementation plan submitted by a 

state must have been adopted by the 

state after reasonable public notice and 

hearing, and, among other things, must: 

include enforceable emission 

limitations and other control measures, 

means or techniques necessary to meet 

the requirements of the CAA; provide 

for establishment and operation of 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Rules and Regulations 43657 

appropriate devices, methods, systems, 

and procedures necessary to monitor 

ambient air quality; provide for 

implementation of a source permit 

program to regulate the modification 

and construction of any stationary 

source within the areas covered by the 

plan; include provisions for the 

implementation of part C, Prevention of 

Significant Deterioration (PSD) and part 

D, New Source Review (NSR) permit 

programs; include criteria for stationary 

source emission control measures, 

monitoring, and reporting; include 

provisions for air quality modeling; and 

provide for public and local agency 

participation in planning and emission 

control rule development. 

Section 110(a)(2)(D) of the CAA 

requires that SIPs contain measures to 

prevent sources in a state from 

significantly contributing to air quality 

problems in another state. EPA believes 

that the requirements linked with a 

particular nonattainment area’s 

designation are the relevant measures to 

evaluate in reviewing a redesignation 

request. The transport SIP submittal 

requirements, where applicable, 

continue to apply to a state regardless of 

the designation of any one particular 

area in the state. Thus, we believe that 

these requirements should not be 

construed to be applicable requirements 

for purposes of redesignation. 

Further, we believe that the other 

section 110 elements described above 

that are not connected with 

nonattainment plan submissions and 

not linked with an area’s attainment 

status are also not applicable 

requirements for purposes of 

redesignation. A state remains subject to 

these requirements after an area is 

redesignated to attainment. We 

conclude that only the section 110 and 

part D requirements that are linked with 

a particular area’s designation are the 

relevant measures which we may 

consider in evaluating a redesignation 

request. See 61 FR 53174–53176 

(October 10, 1996) and 62 FR 24826 

(May 7, 1997) (proposed and final 

redesignation for Reading, Pennsylvania 

ozone nonattainment area); 61 FR 20458 

(May 7, 1996) (final redesignation for 

Cleveland-Akron-Lorain, Ohio ozone 

nonattainment area); and 60 FR 62748 

(December 7, 1995) (final redesignation 

of Tampa, Florida ozone nonattainment 

area). See also 65 FR 37879, 37890 (June 

19, 2000) (discussing this issue in final 

redesignation of Cincinnati, Ohio 1-hour 

ozone nonattainment area); 66 FR 50399 

(October 19, 2001) (final redesignation 

of Pittsburgh, Pennsylvania 1-hour 

ozone nonattainment area). 

We have reviewed the Ohio SIP and 

determined that it meets the general SIP 

requirements under section 110 of the 

CAA to the extent they are applicable 

for purposes of redesignation. EPA has 

previously approved provisions of 

Ohio’s SIP addressing section 110 

requirements (including provisions 

addressing lead), at 40 CFR 52.1870. 

On October 12, 2011, and 

supplemented on June 7, 2013, Ohio 

made submittals addressing 

‘‘infrastructure SIP’’ elements for the 

lead NAAQS required under CAA 

section 110(a)(2). EPA has not yet acted 

on this submittal, however, the 

requirements of section 110(a)(2) are 

statewide requirements that are not 

linked to the lead nonattainment status 

of the Bellefontaine area. Therefore, 

EPA believes that these SIP elements are 

not applicable requirements for 

purposes of review of the state’s lead 

redesignation request. 

ii. Part D Requirements 

EPA has determined that upon 

approval of the base year emissions 

inventories discussed in section V.B. of 

this rulemaking, the Ohio SIP will meet 

the applicable SIP requirements for the 

Bellefontaine area applicable for 

purposes of redesignation under part D 

of the CAA. Subpart 1 of part D, found 

in sections 172–176 of the CAA, sets 

forth the basic nonattainment 

requirements applicable to all 

nonattainment areas. 

(1) Section 172 Requirements 

For purposes of evaluating this 

redesignation request, the applicable 

section 172 SIP requirements for the 

Bellefontaine area are contained in 

sections 172(c)(1)–(9). A thorough 

discussion of the requirements 

contained in section 172 can be found 

in the General Preamble for 

Implementation of Title I (57 FR 13498, 

April 16, 1992). 

Section 172(c)(1) requires the plans 

for all nonattainment areas to provide 

for the implementation of all reasonably 

available control measure (RACM) as 

expeditiously as practicable and to 

provide for attainment of the primary 

NAAQS. EPA interprets this 

requirement to impose a duty on all 

states to consider all available control 

measures for all nonattainment areas 

and to adopt and implement such 

measures as are reasonably available for 

implementation in each area as 

components of the area’s attainment 

demonstration. Because the 

Bellefontaine area has reached 

attainment, Ohio does not need to 

address additional measures to provide 

for attainment, and section 172(c)(1) 

requirements are no longer considered 

to be applicable as long as the area 

continues to attain the standard until 

redesignation. (40 CFR 51.918). 

The reasonable further progress (RFP) 

requirement under section 172(c)(2) is 

defined as progress that must be made 

toward attainment. This requirement is 

not relevant for purposes of the 

Bellefontaine redesignation because the 

area has monitored attainment of the 

2008 lead NAAQS. (General Preamble, 

57 FR 13564). See also 40 CFR 51.918. 

The requirement to submit the section 

172(c)(9) contingency measures is 

similarly not applicable for purposes of 

redesignation. Id. 

Section 172(c)(3) requires submission 

and approval of a comprehensive, 

accurate and current inventory of actual 

emissions. Ohio submitted a 2005 and 

2010 base year emissions inventory 

along with their redesignation request 

and via email on February 6, 2014, 

requested that the 2010 inventory be 

used as the most accurate and current 

inventory. As discussed below in 

section V.B., EPA is approving the 2010 

base year inventory as meeting the 

section 172(c)(3) emissions inventory 

requirement for the Bellefontaine area. 

Section 172(c)(4) requires the 

identification and quantification of 

allowable emissions for major new and 

modified stationary sources in an area, 

and section 172(c)(5) requires source 

permits for the construction and 

operation of new and modified major 

stationary sources anywhere in the 

nonattainment area. EPA approved 

Ohio’s current NSR program on January 

10, 2003 (68 FR 1366). 

Section 172(c)(6) requires the SIP to 

contain control measures necessary to 

provide for attainment of the standard. 

Because attainment has been reached, 

no additional measures are needed to 

provide for attainment. 

Section 172(c)(7) requires the SIP to 

meet the applicable provisions of 

section 110(a)(2). As noted above, we 

find that the Ohio SIP meets the section 

110(a)(2) applicable requirements for 

purposes of redesignation. 

(2) Section 176 Conformity 

Requirements 

Section 176(c) of the CAA requires 

states to establish criteria and 

procedures to ensure that Federallysupported or funded activities, 

including highway and transit projects, 

conform to the air quality planning 

goals in the applicable SIPs. The 

requirement to determine conformity 

applies to transportation plans, 

programs and projects developed, 

funded or approved under title 23 of the 

U.S. Code and the Federal Transit Act 

(transportation conformity) as well as to 

all other Federally-supported or funded 


pmangrum on DSK3VPTVN1PROD with RULES
43658 Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Rules and Regulations 

projects (general conformity). In light of 

the elimination of lead additives in 

gasoline, transportation conformity does 

not apply to the lead NAAQS. See 73 FR 

66964, 67043 n.120. EPA approved 

Ohio’s general conformity SIPs on 

March 11, 1996 (61 FR 9646). 

b. Ohio Has a Fully Approved 

Applicable SIP Under Section 110(k) of 

the CAA 

Upon final approval of Ohio’s 

comprehensive 2010 emissions 

inventories, EPA will have fully 

approved the Ohio SIP for the 

Bellefontaine area under section 110(k) 

of the CAA for all requirements 

applicable for purposes of 

redesignation. EPA may rely on prior 

SIP approvals in approving a 

redesignation request (See page 3 of the 

September 4, 1992, Processing Requests 

to Redesignate Areas to Attainment: 

Policy Memorandum (Calcagni 

memorandum)); Southwestern 

Pennsylvania Growth Alliance v. 

Browner, 144 F.3d 984, 989–990 (6th 

Cir. 1998); Wall v. EPA, 265 F.3d 426 

(6th Cir. 2001) plus any additional 

measures it may approve in conjunction 

with a redesignation action. See 68 FR 

25413, 25426 (May 12, 2003). Since the 

passage of the CAA of 1970, Ohio has 

adopted and submitted, and EPA has 

fully approved, provisions addressing 

various required SIP elements under 

lead standards. 

Under section 172, states with 

nonattainment areas must submit plans 

providing for timely attainment and 

meeting a variety of other requirements. 

On April 19, 2013, the Ohio EPA, 

submitted a request to EPA to make a 

determination under the CAA that the 

Bellefontaine nonattainment area has 

attained the 2008 lead NAAQS. EPA 

made a final determination of 

attainment for the area (also known as 

a clean data determination) on 

November 5, 2013. See 78 FR 66280. 

Pursuant to 40 CFR 51.1004(c), EPA’s 

determination that the area has attained 

the 2008 lead standards suspended the 

requirement to submit certain planning 

SIPs related to attainment, including 

attainment demonstration requirements, 

the Reasonably Available Control 

Technology (RACT)-RACM requirement 

of section 172(c)(1) of the CAA, the RFP 

and attainment demonstration 

requirements of sections 172(c)(2) and 

(6) and 182(b)(1) of the CAA, and the 

requirement for contingency measures 

of section 172(c)(9) of the CAA. As 

noted above, the area has continued to 

attain the standard, and preliminary 

data indicate the area will remain in 

attainment, since EPA made the final 

determination of attainment in 2013. 

As a result, the only remaining 

requirement under section 172 to be 

considered is the emissions inventory 

required under section 172(c)(3). In this 

action, EPA is approving Ohio’s 2010 

emissions inventories for the 

Bellefontaine area as meeting the 

requirement of section 172(c)(3) of the 

CAA. No Bellefontaine area SIP 

provisions are currently disapproved, 

conditionally approved, or partially 

approved. 

3. The Improvement in Air Quality Is 

Due to Permanent and Enforceable 

Reductions in Emissions Resulting From 

Implementation of the SIPs and 

Applicable Federal Air Pollution 

Control Regulations and Other 

Permanent and Enforceable Reductions 

(Section 107(d)(3)(E)(iii)) 

EPA believes that Ohio has 

demonstrated that the observed air 

quality improvement in the 

Bellefontaine area is due to permanent 

and enforceable reductions in 

emissions. The only stationary source of 

lead in the Bellefontaine area was the 

Daido facility. This source was 

permanently shutdown in June of 2009. 

4. Ohio Has a Fully Approved 

Maintenance Plan Pursuant to Section 

175A of the CAA (Section 

107(d)(3)(E)(iv)) 

In conjunction with Ohio’s request to 

redesignate the Bellefontaine 

nonattainment area to attainment status, 

Ohio has submitted a SIP revision to 

provide for maintenance of the 2008 

lead NAAQS in the area through 2025. 

a. What is required in a maintenance 

plan? 

Section 175A of the CAA sets forth 

the required elements of a maintenance 

plan for areas seeking redesignation 

from nonattainment to attainment. 

Under section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least ten 

years after EPA approves a 

redesignation to attainment. Eight years 

after redesignation, the state must 

submit a revised maintenance plan 

which demonstrates that attainment will 

continue to be maintained for ten years 

following the initial ten year 

maintenance period. To address the 

possibility of future NAAQS violations, 

the maintenance plan must contain 

contingency measures with a schedule 

for implementation as EPA deems 

necessary to assure prompt correction of 

any future lead violations. 

The September 4, 1992, Calcagni 

memorandum provides additional 

guidance on the content of a 

maintenance plan. The memorandum 

states that a maintenance plan should 

address the following items: the 

attainment emissions inventory, a 

maintenance demonstration showing 

maintenance for the ten years of the 

maintenance period, a commitment to 

maintain the existing monitoring 

network, factors and procedures to be 

used for verification of continued 

attainment of the NAAQS, and a 

contingency plan to prevent or correct 

future violations of the NAAQS. 

Section 175A requires a state seeking 

redesignation to attainment to submit a 

SIP revision to provide for the 

maintenance of the NAAQS in the area 

‘‘for at least 10 years after the 

redesignation.’’ EPA has interpreted this 

as a showing of maintenance ‘‘for a 

period of ten years following 

redesignation.’’ Calcagni memorandum 

at 9. Where the emissions inventory 

method of showing maintenance is 

used, its purpose is to show that 

emissions during the maintenance 

period will not increase over the 

attainment year inventory. Calcagni 

memorandum at 9–10. 

As discussed in detail in the section 

below, the state’s maintenance plan 

submission expressly documents that 

the area’s emissions inventories will 

remain below the attainment year 

inventories through 2025, more than ten 

years after redesignation. 

b. Attainment Inventory 

Ohio developed an emissions 

inventory for lead for 2010, one of the 

years in the period during which the 

Bellefontaine area monitored attainment 

of the 2008 lead standard. The 

attainment level of emissions is 

summarized in Table 1 below along 

with future maintenance projections. 

c. Demonstration of Maintenance 

Along with the redesignation request, 

Ohio submitted a revision to its lead SIP 

to include a maintenance plan for the 

Bellefontaine area, as required by 

section 175A of the CAA. Ohio’s plan 

demonstrates maintenance of the 2008 

lead standard through 2025 by showing 

that current and future emissions of lead 

in the area remain at or below 

attainment year emission levels. Section 

175A requires a state seeking 

redesignation to attainment to submit a 

SIP revision to provide for the 

maintenance of the NAAQS in the area 

‘‘for at least 10 years after the 

redesignation.’’ EPA has interpreted this 

as a showing of maintenance ‘‘for a 

period of ten years following 

redesignation.’’ Calcagni memorandum 

at 9. Where the emissions inventory 

method of showing maintenance is 

used, its purpose is to show that 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Rules and Regulations 43659 

emissions during the maintenance 

period will not increase over the 

attainment year inventory. Calcagni 

memorandum at 9–10. 

As discussed in the section below, the 

state’s maintenance plan submission 

expressly documents that the area’s 

emissions inventories will remain below 

the attainment year inventories through 

2025. 

Ohio’s plan demonstrates 

maintenance of the 2008 lead NAAQS 

through 2025 by showing that current 

and future emissions of lead for the area 

remain at attainment year emission 

levels. When the Daido facility was 

operating, as shown in Table 1 as the 

2005 baseline, the emissions were 

0.0035 tons per year (tpy). Now that the 

facility is shut down, and given that the 

mobile source emissions of lead are 

approximately zero, the emissions level 

for the area is approximately zero tpy. 

No new sources of lead are projected for 

the area, so the remainder of the 

maintenance period is projected as zero 

tpy as well. Since the shut down of the 

Daido facility in 2009, the Bellefontaine 

area has shown monitored design value 

concentrations well below the NAAQS 

and, with no other significant sources of 

lead, is predicted to easily stay below 

the standard. 

TABLE 1—COMPARISON OF 2005, 2010, 2015, AND 2025 LEAD TOTALS (TPY) FOR THE BELLEFONTAINE AREA

2005 

(Baseline) 

2010 

(Attainment) 

2015 

(Interim) 

2025 

(Maintenance) 

0.0035 0 0 0 

d. Monitoring Network 

Ohio’s maintenance plan includes 

additional elements. Ohio’s plan 

includes a commitment to continue to 

operate its EPA-approved monitoring 

network, as necessary to demonstrate 

ongoing compliance with the NAAQS. 

Ohio currently operates one lead 

monitor in the Bellefontaine, Ohio area. 

e. Verification of Continued Attainment 

Ohio remains obligated to continue to 

quality-assure monitoring data and enter 

all data into the Air Quality System 

(AQS) in accordance with Federal 

guidelines. Ohio will use these data, 

supplemented with additional 

information as necessary, to assure that 

the area continues to attain the 

standard. Ohio will also continue to 

develop and submit periodic emission 

inventories as required by the Federal 

Consolidated Emissions Reporting Rule 

(67 FR 39602, June 10, 2002) to track 

future levels of emissions. Both of these 

actions will help to verify continued 

attainment in accordance with 40 CFR 

part 58. 

f. Contingency Plan 

The contingency plan provisions are 

designed to promptly correct or prevent 

a violation of the NAAQS that might 

occur after redesignation of an area to 

attainment. Section 175A of the CAA 

requires that a maintenance plan 

include such contingency measures as 

EPA deems necessary to assure that the 

state will promptly correct a violation of 

the NAAQS that occurs after 

redesignation. The maintenance plan 

should identify the contingency 

measures to be adopted, a schedule and 

procedure for adoption and 

implementation of the contingency 

measures, and a time limit for action by 

the state. The state should also identify 

specific indicators to be used to 

determine when the contingency 

measures need to be adopted and 

implemented. The maintenance plan 

must include a requirement that the 

state will implement all pollution 

control measures that were contained in 

the SIP before redesignation of the area 

to attainment. See section 175A(d) of 

the CAA. 

Ohio’s contingency plan defines a 

warning level and action level response. 

The warning level response will trigger 

when a lead monitor 3-month rolling 

average exceeds 0.135 mg/m3 in the 

maintenance area. If a warning level 

response is triggered, Ohio will conduct 

a study to determine whether the lead 

values indicate a trend toward 

exceeding the standard and what 

control measure would be necessary to 

reverse the trend within 12 months of 

the conclusion of the calendar year. The 

action level response will be prompted 

by the determination of the warning 

level study that a reverse of the trend is 

needed, or by the 3-month rolling 

average exceeding 0.143 mg/m3. The 

action level response will require Ohio 

to work with the culpable entity to 

evaluate and implement the needed 

control measures to bring the area into 

attainment within 18 months of the 

conclusion of the calendar year that 

triggered the response. 

Currently, no new sources of lead are 

projected for the Bellefontaine area, so 

all control measures would be 

determined after an analysis of the 

situation but could include control 

devices, secondary controls, or 

improves housekeeping and 

maintenance. Ohio commits to continue 

implementing SIP requirements upon 

and after redesignation. 

EPA believes that Ohio’s contingency 

measures, as well as the commitment to 

continue implementing any SIP 

requirements, satisfy the pertinent 

requirements of section 175A(d). 

As required by section 175A(b) of the 

CAA, Ohio commits to submit to the 

EPA an updated lead maintenance plan 

eight years after redesignation of the 

Bellefontaine area to cover an additional 

ten year period beyond the initial ten 

year maintenance period. 

For all of the reasons set forth above, 

EPA is approving Ohio’s 2008 lead 

maintenance plan for the Bellefontaine 

area as meeting the requirements of 

CAA section 175A. 

B. Comprehensive Emissions Inventory 

As discussed above, section 172(c)(3) 

of the CAA requires areas to submit a 

comprehensive emissions inventory 

including all lead sources in the 

nonattainment area. In an email dated 

February 6, 2014, Ohio clarified their 

request that their 2005 emissions 

inventory submitted on October 5, 2009, 

as part of their designation request 

documents be updated with their 2010 

emissions inventory submitted to EPA 

as part of their redesignation request to 

more accurately represent the current 

emissions status of the area. By 2010, 

the only source of lead is shutdown so 

the emissions level for the entire 

Bellefontaine area is estimated to be 

zero tpy. EPA is approving the Ohio 

2010 emissions inventory to fulfill this 

requirement. EPA believes that the 2010 

emissions inventory is complete and 

accurate, and meets the requirement of 

CAA section 172(c)(3). 

V. What are the effects of EPA’s 

actions? 

Approval of this redesignation request 

changes the official designation of the 

Bellefontaine, Ohio area for the 2008 

lead NAAQS, found at 40 CFR part 81, 

from nonattainment to attainment. This 

action also approves as a revision to the 


pmangrum on DSK3VPTVN1PROD with RULES
43660 Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Rules and Regulations 

Ohio SIP for the Bellefontaine area, the 

maintenance plan for the 2008 lead 

standard and finds that Ohio’s 2010 

emissions inventory for the 

Bellefontaine area satisfies the 

requirement of section 172(c)(3). 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective September 26, 2014 without 

further notice unless we receive relevant 

adverse written comments by August 

27, 2014. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

September 26, 2014. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 26, 2014. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Reporting and recordkeeping 

requirements. 

Dated: July 11, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR parts 52 and 81 are amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Subpart KK is amended by adding 

§ 52.1893 to read as follows: 

§ 52.1893 Control strategy: Lead (Pb). 

(a) Ohio’s 2008 lead emissions 

inventory for the Bellefontaine area as, 

as submitted on October 29, 2013, 

satisfying the emission inventory 

requirements of section 172(c)(3) of the 

Clean Air Act for the Bellefontaine area. 

(b) Approval—the 2008 lead 

maintenance plan for the Bellefontaine, 

Ohio nonattainment area has been 

approved as submitted on October 29, 

2013. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. Section 81.336 is amended by 

revising the entry for Bellefontaine, OH, 

in the table entitled ‘‘Ohio—2008 Lead 

NAAQS’’ to read as follows: 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Rules and Regulations 43661 

§ 81.336 Ohio. 

* * * * * 

OHIO—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 

NAAQSa

Date 1 Type 

*******

Bellefontaine, OH: 

Logan County (part) ............................................................................................................................................ 7/28/2014 Attainment. 

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

* * * * * * * 

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

1 December 31, 2011, unless otherwise noted. 

* * * * * 

[FR Doc. 2014–17612 Filed 7–25–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 70 and 71 

[EPA–HQ–OAR–2013–0162; FRL–9913–88– 

OAR] 

RIN 2060–AQ71 

Amendments to Compliance 

Certification Content Requirements for 

State and Federal Operating Permits 

Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is amending the 

compliance certification requirements 

for state and federal operating permits 

programs that were published in the 

Federal Register on June 27, 2003. In 

that action, one sentence was removed 

from the rules inadvertently. This action 

restores the sentence to its original 

location in the rules. 

DATES: This final rule is effective on 

August 27, 2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2013–0162. 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, 

i.e., confidential business information or 

other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at 

the Docket ID No. EPA–HQ–OAR–2013– 

0162. EPA/DC, William Jefferson 

Clinton West Building, Room 3334, 

1301 Constitution Avenue, Northwest, 

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 Air and Radiation Docket 

Information Center is (202) 566–1742. 

For additional information about the 

EPA’s public docket, visit the EPA 

Docket Center homepage at: http://

www.epa.gov/epahome/dockets.htm. 

FOR FURTHER INFORMATION CONTACT: For 

further general information on this 

rulemaking, contact Ms. Joanna 

Swanson, Air Quality Policy Division, 

Office of Air Quality Planning and 

Standards (C504–05), Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711; telephone 

number (919) 541–5282; fax number 

(919) 541–5509; email address: 

swanson.joanna@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information in the Supplementary 

Information section of this preamble is 

organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. Where can I get a copy of this document 

and other related information? 

II. Background for the Final Rulemaking 

III. Amendments to Compliance Certification 

Content Requirements for State and 

Federal Operating Permits Programs 

A. Rationale for the Final Action 

B. Scope of Rulemaking 

C. Comments and Responses 

1. The Necessity of the Amended Language 

2. The Use of Material Information 

3. Scope of Compliance Certifications 

4. Rule Language Clarification Requested 

D. Final Action 

IV. 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 

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. General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

final rulemaking include owners and 

operators of emission sources in all 

industry groups who hold or apply for 

a title V operating permit. Other entities 

potentially affected by this final 

rulemaking include federal, state, local 

and tribal air pollution control agencies 

who administer title V permit programs. 

B. Where can I get a copy of this 

document and other related 

information? 

In addition to being available in the 

docket found on http://

www.regulations.gov, an electronic copy 

of this document will also be available 

on the World Wide Web. Following 

signature by the EPA Administrator, a 

copy of this final rule will be posted on 

the EPA’s title V Web page at http://

www.epa.gov/nsr. 


pmangrum on DSK3VPTVN1PROD with RULES