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[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Rules and Regulations]
[Pages 71033-71044]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29405]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2009-0443; FRL-9230-4]
RIN-2060-AP78

Air Quality Designations for the 2008 Lead (Pb) National Ambient 
Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule establishes air quality designations for certain 
areas in the United States for the 2008 lead (Pb) National Ambient Air 
Quality Standards (NAAQS). Based on air quality monitoring data, EPA is 
issuing this rule to identify areas that do not meet the 2008 Pb NAAQS 
and areas that contribute to Pb air pollution in a nearby area that 
does not meet the Pb NAAQS. EPA is deferring designation for all other 
areas of the United States, including Indian country, pending 
collection and review of additional data from recently deployed Pb 
monitors. The Clean Air Act (CAA) requires areas designated 
nonattainment by this rule to undertake certain planning and pollution 
control activities to attain the standards as quickly as reasonably 
possible.

[[Page 71034]]

DATES: Effective Date: The effective date of this rule is December 31, 
2010.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2009-0443. All documents in the docket are 
listed in the index at http://www.regulations.gov. Although listed in 
the index, some information is not publicly available, i.e., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in the docket or in hard 
copy at the Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 
a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Office of Air and Radiation Docket and 
Information Center is (202) 566-1742.
    In addition, EPA has established a Web site for this rulemaking at: 
http://www.epa.gov/leaddesignations/2008standards/index.html. The Web 
site includes EPA's final state and tribal designations, as well as 
state initial recommendation letters, EPA modification letters, 
technical support documents, responses to comments and other related 
technical information.

FOR FURTHER INFORMATION CONTACT: Rhonda Wright, Office of Air Quality 
Planning and Standards, U.S. Environmental Protection Agency, Mail Code 
C539-04, Research Triangle Park, NC 27711, phone number (919) 541-1087 
or by e-mail at: wright.rhonda@epa.gov; or Tom Rosendahl, Office of Air 
Quality Planning and Standards, U.S. Environmental Protection Agency, 
Mail Code C539-04, Research Triangle Park, NC 27711, phone number (919) 
541-5314 or by e-mail at: rosendahl.tom@epa.gov.

SUPPLEMENTARY INFORMATION:

Regional Office Contacts

    Region I--Robert McConnell (617) 918-1046,
    Region II--Mazeeda Khan (212) 637-3715,
    Region III--Melissa Linden (215) 814-2096,
    Region IV--Lynorae Benjamin (404) 562-9040,
    Region V--Andy Chang (312) 886-0258,
    Region VI--Emad Shahin (214) 665-6717,
    Region VII--Stephanie Doolan (913) 551-7719,
    Region VIII--Kevin Leone (303) 312-6227,
    Region IX--Ginger Vagenas (415) 972-3964,
    Region X--Steve Body (206) 553-0782.
    The public may inspect the rule and state-specific technical 
support information at the following locations:

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            Regional offices                          States
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Dave Conroy, Chief, Air Programs         Connecticut, Maine,
 Branch, EPA New England, 1 Congress      Massachusetts, New Hampshire,
 Street, Suite 1100, Boston, MA 02114-    Rhode Island, and Vermont.
 2023, (617) 918-1661.
Raymond Werner, Chief, Air Programs      New Jersey, New York, Puerto
 Branch, EPA Region II, 290 Broadway,     Rico, and Virgin Islands.
 25th Floor, New York, NY 10007-1866,
 (212) 637-3706.
Cristina Fernandez, Branch Chief, Air    Delaware, District of Columbia,
 Quality Planning Branch, EPA Region      Maryland, Pennsylvania,
 III, 1650 Arch Street, Philadelphia,     Virginia, and West Virginia.
 PA 19103-2187, (215) 814-2178.
Richard A. Schutt, Chief, Air Planning   Alabama, Florida, Georgia,
 Branch, EPA Region IV, Sam Nunn          Kentucky, Mississippi, North
 Atlanta Federal Center, 61 Forsyth       Carolina, South Carolina, and
 Street, SW., 12th Floor, Atlanta, GA     Tennessee.
 30303, (404) 562-9033.
Jay Bortzer, Chief, Air Programs         Illinois, Indiana, Michigan,
 Branch, EPA Region V, 77 West Jackson    Minnesota, Ohio, and
 Street, Chicago, IL 60604, (312) 886-    Wisconsin.
 1430.
Guy Donaldson, Chief, Air Planning       Arkansas, Louisiana, New
 Section, EPA Region VI, 1445 Ross        Mexico, Oklahoma, and Texas.
 Avenue, Dallas, TX 75202, (214) 665-
 7242.
Joshua A. Tapp, Chief, Air Programs      Iowa, Kansas, Missouri, and
 Branch, EPA Region VII, 901 North 5th    Nebraska.
 Street, Kansas City, KS 66101-2907,
 (913) 551-7606.
Monica Morales, Leader, Air Quality      Colorado, Montana, North
 Planning Unit, EPA Region VIII, U.S.     Dakota, South Dakota, Utah,
 EPA Region VIII, 1595 Wynkoop Street,    and Wyoming.
 Denver, CO 80202-1129, (303) 312-6936.
Lisa Hanf, Air Planning Office, EPA      American Samoa, Arizona,
 Region IX, 75 Hawthorne Street, San      California, Guam, Hawaii,
 Francisco, CA 94105, (415) 972-3854.     Nevada, and Northern Mariana
                                          Islands.
Mahbubul Islam, Manager, State and       Alaska, Idaho, Oregon, and
 Tribal Air Programs, EPA Region X,       Washington.
 Office of Air, Waste, and Toxics, Mail
 Code OAQ-107, 1200 Sixth Avenue,
 Seattle, WA 98101, (206) 553-6985.
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Table of Contents

    The following is an outline of the Preamble.

I. Preamble Glossary of Terms and Acronyms
II. What is the purpose of this document?
III. What is lead?
IV. What are the health and welfare concerns addressed by the Pb 
standards?
V. What are the CAA requirements for air quality designations and 
what action has EPA taken to meet these requirements?
VI. What guidance did EPA issue and how did EPA apply the statutory 
requirements and applicable guidance to determine area designations 
and boundaries?
VII. What air quality data has EPA used?
VIII. How do designations affect Indian country?
IX. Where can I find information forming the basis for this rule and 
exchanges between EPA, states, and tribes related to this rule?
X. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

[[Page 71035]]

    L. Judicial Review

I. Preamble Glossary of Terms and Acronyms

    The following are abbreviations of terms used in the preamble.

APA Administrative Procedure Act
AQS Air Quality System
CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
D.C. District of Columbia
EO Executive Order
EPA Environmental Protection Agency
FR Federal Register
FRM Federal Reference Method
IQ Intelligence Quotient
NAAQS National Ambient Air Quality Standards
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
Pb Lead
PM Particulate Matter
RFA Regulatory Flexibility Act
RIA Regulatory Impact Analysis
SBA Small Business Administration
SIP State Implementation Plan
UMRA Unfunded Mandate Reform Act of 1995
TAR Tribal Authority Rule
TSD Technical Support Document
TSP Total Suspended Particulate
TPY Tons Per Year
U.S. United States
VCS Voluntary Consensus Standards

II. What is the purpose of this document?

    The purpose of this action is to announce and promulgate 
designations and boundaries for areas of the country not meeting the 
2008 Pb NAAQS based on available information, in accordance with the 
requirements of the CAA. The list of areas being designated 
nonattainment in each state, and the boundaries of each area, appear in 
the table at the end of this final rule. EPA has been working closely 
with the states involved in these designations and several steps have 
been taken to announce that this rule is available. EPA has posted the 
notice on several EPA Web sites and provided a copy of the rule to 
those states with nonattainment areas.
    This notice identifies the 16 areas being designated as 
nonattainment areas for the 2008 Pb NAAQS. The basis for designating 
these areas as ``nonattainment'' is monitored air quality data from 
calendar years 2007-2009 indicating a violation of the NAAQS. For these 
areas being designated nonattainment, states must develop a State 
Implementation Plan (SIP) that meets the requirements of section 172(c) 
and 191 of the CAA and provides for attainment of the NAAQS as 
expeditiously as practicable, but no later than December 31, 2015. 
These SIPs must be submitted to EPA within eighteen months of the 
effective date of these designations, i.e., by June 30, 2012.\1\
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    \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.
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III. What is lead?

    Lead (Pb) is a metal found naturally in the environment and present 
in some manufactured products. The major sources of Pb air emissions 
were historically motor vehicles (such as cars and trucks) and 
industrial sources. Motor vehicle emissions of Pb have been 
dramatically reduced with the phase-out of leaded gasoline, but Pb is 
still used as an additive in general aviation gasoline used in piston-
engine aircraft and remains a trace contaminant in other fuels. Larger 
industrial sources of Pb emissions currently include metals processing, 
particularly primary and secondary Pb smelters. Lead is also emitted 
from sources such as: Iron and steel foundries; primary and secondary 
copper smelters; industrial, commercial, and institutional boilers; 
waste incinerators; glass manufacturing; and cement manufacturing.

IV. What are the health and welfare concerns addressed by the Pb 
standards?

    Lead is generally emitted in the form of particles, which can end 
up being deposited in water, soil and dust. People may be exposed to Pb 
by inhaling it, or by ingesting lead-contaminated food, water, soil, or 
dust. Once in the body, Pb is quickly absorbed into the bloodstream and 
can result in a broad range of adverse health effects. These include 
damage to the central nervous system, cardiovascular function, kidneys, 
immune system, and red blood cells. Children are particularly 
vulnerable to Pb exposure, in part because they are more likely to 
ingest Pb and in part because their still-developing bodies are more 
sensitive to the effects of Pb. Urban children are also of particular 
risk if the mother is exposed to lead. The harmful effects to 
children's developing nervous systems (including their brains) arising 
from Pb exposure may include IQ loss, poor academic achievement, long-
term learning disabilities, and an increased risk of delinquent 
behavior.
    Lead is persistent in the environment and accumulates in soils and 
sediments through deposition from air sources, direct discharge of 
waste streams to water bodies, mining, and erosion. Ecosystems near 
some longstanding point sources of Pb demonstrate a wide range of 
adverse effects including losses in biodiversity, changes in community 
composition, decreased growth and reproductive rates in plants and 
animals, and neurological effects in vertebrates.

 V. What are the CAA requirements for air quality designations and what 
action has EPA taken to meet these requirements?

    After the promulgation of a new or revised NAAQS, EPA is required 
to designate areas as nonattainment, attainment, or unclassifiable, 
pursuant to section 107(d)(1) of the CAA. The Administrator signed a 
final rule revising the Pb NAAQS on October 15, 2008, which was 
published in the Federal Register on November 12, 2008, and became 
effective January 12, 2009. Based on the Administrator's review of the 
scientific evidence, including numerous studies published since the 
last review of the Pb NAAQS, and taking into consideration the comments 
expressed by the Clean Air Scientific Advisory Committee and the 
public, the Administrator revised the standard from a level of 1.5 
[micro]g/m\3\ to a level of 0.15 [micro]g/m\3\. In addition, the 
Administrator changed the averaging time and form to a rolling 3-month 
average evaluated over a 3-year period. The rule also established new 
requirements for Pb monitoring networks, including the requirement that 
new Pb monitors be located in close proximity to the largest Pb 
emissions sources by January 1, 2010.
    The process for designating areas following promulgation of a new 
or revised NAAQS is contained in section 107(d) of the CAA. The CAA 
requires EPA to complete the initial area designation process within 2 
years of promulgating a new or revised NAAQS. However, if the 
Administrator has insufficient information to make these designations 
within that time frame, EPA has the authority to extend the designation 
process by up to one additional year. In light of the new monitoring 
network which is generating additional information that could be used 
to support additional designations in the upcoming year, EPA intends to 
complete the initial area designations for Pb in two rounds. In this 
rule, EPA is completing the first round by designating as 
``nonattainment'' any area that is violating the 2008 Pb NAAQS based on 
2007-2009 air quality data from the pre-2010 monitoring network. For 
all other areas, EPA is extending the deadline for designations by up 
to 1 year so that data from the newly deployed monitors can be 
considered in

[[Page 71036]]

making appropriate designation decisions. EPA intends to complete the 
second round of area designations for the Pb NAAQS no later than 
October 15, 2011.
    By not later than 1 year after the promulgation of a new or revised 
NAAQS, each state Governor is required to recommend air quality 
designations, including the appropriate boundaries for areas, to EPA. 
EPA reviews those state recommendations and is authorized to make any 
modifications the Administrator deems necessary. The statute does not 
define the term ``necessary,'' but EPA interprets this to authorize the 
Administrator to modify designations that did not meet the statutory 
requirements or were otherwise inconsistent with the facts or analysis 
deemed appropriate by EPA. If EPA is considering modifications to a 
state's initial recommendation, EPA is required to notify the state of 
any such intended modifications to its recommendation not less than 120 
days prior to EPA's promulgation of the final designation. If the state 
does not agree with EPA's modification, it then has an opportunity to 
respond to EPA and to demonstrate why it believes the modification 
proposed by EPA is inappropriate, as contemplated by section 
107(d)(1)(B)(ii). Even if a state fails to provide any recommendation 
for an area, in whole or in part, EPA still must promulgate a 
designation that the Administrator deems appropriate, pursuant to 
section 107(d)(1)(B)(ii).
    Section 107(d)(1)(A)(i) of the CAA defines a nonattainment area as 
any area that does not meet an ambient air quality standard or that is 
contributing to ambient air quality in a nearby area that does not meet 
the standard. If an area meets either prong of this definition, then 
EPA is obligated to designate the area as ``nonattainment.'' Section 
107(d)(1)(A)(iii) provides that any area that EPA cannot designate on 
the basis of available information as meeting or not meeting the 
standards should be designated as ``unclassifiable.''
    EPA believes that section 107(d) provides the Agency with 
discretion to determine how best to interpret the terms in the 
definition of a nonattainment area (e.g., ``contributes to'' and 
``nearby'') for a new or revised NAAQS, given considerations such as 
the nature of a specific pollutant, the types of sources that may 
contribute to violations, the form of the standards for the pollutant, 
and other relevant information. In particular, EPA believes that the 
statute does not require the Agency to establish bright line tests or 
thresholds for what constitutes contribution or nearby for purposes of 
designations.\2\
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    \2\ This view was confirmed in Catawba County v. EPA, 571 F.3d 
20 (D.C. Cir. 2009).
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    Similarly, EPA believes that the statute permits EPA to evaluate 
the appropriate application of the term ``area'' to include geographic 
areas based upon full or partial county boundaries, and contiguous or 
non-contiguous areas, as may be appropriate for a particular NAAQS. For 
example, section 107(d)(1)(B)(ii) explicitly provides that EPA can make 
modifications to designation recommendations for an area ``or portions 
thereof,'' and under section 107(d)(1)(B)(iv), a designation remains in 
effect for an area ``or portion thereof'' until EPA redesignates it.
    Designation activities for federally-recognized tribes are covered 
under the authority of section 301(d) of the CAA. This provision of the 
CAA authorizes EPA to treat eligible tribes in a similar manner as 
states. Pursuant to section 301(d)(2), we promulgated regulations, 
known as the Tribal Authority Rule (TAR), on February 12, 1999. 63 FR 
7254, codified at 40 CFR 49 (1999). That rule specifies those 
provisions of the CAA for which it is appropriate to treat tribes in a 
similar manner as states. Under the TAR, tribes may choose to develop 
and implement their own CAA programs, but are not required to do so. 
The TAR also establishes procedures and criteria by which tribes may 
request from EPA a determination of eligibility for such treatment. The 
designations process contained in section 107(d) of the CAA is included 
among those provisions determined to be appropriate by EPA for 
treatment of tribes in the same manner as states. Under the TAR, tribes 
generally are not subject to the same submission schedules imposed by 
the CAA on states. As authorized by the TAR, tribes may seek 
eligibility to submit designation recommendations to EPA. In addition, 
CAA section 301(d)(4) gives EPA discretionary authority, in cases where 
it determines that treatment of tribes as identical to states is 
``inappropriate or administratively infeasible,'' to provide for direct 
administration by regulation to achieve the appropriate purpose.
    To date, one tribe has applied under the TAR for eligibility to 
submit its own recommendations under section 107(d). Nonetheless, EPA 
invited all tribes to submit recommendations concerning designations 
for the 2008 Pb NAAQS. EPA worked with the tribes that requested an 
opportunity to submit designation recommendations. Tribes were provided 
an opportunity to submit their own recommendations and supporting 
documentation and could also comment on state recommendations and EPA 
modifications.
    Designation recommendations and supporting documentation were 
submitted by most states and a few tribes to EPA by October 15, 2009. 
After receiving recommendations from states and tribes, and after 
reviewing and evaluating each recommendation, EPA provided a response 
to the states and tribes on June 15, 2010. In these letter responses, 
we indicated whether EPA intended to make modifications to the initial 
state or tribal recommendations and explained EPA's reasons for making 
any such modifications. EPA requested that states and tribes respond to 
any proposed EPA modifications by August 16, 2010. We received comments 
from some states suggesting changes to EPA's proposed modifications and 
providing additional information. EPA evaluated these comments, and all 
of the timely supporting technical information provided. As a result, 
some of the final designations reflect further modifications to the 
initial state and tribal recommendations. The state and tribal letters, 
including the initial recommendations, and EPA's June 2010 responses to 
those letters, including any modifications, and the subsequent state 
and tribal comment letters are in the docket for this action.
    Although not required by section 107(d) of the CAA, EPA also 
provided an opportunity for members of the public to comment on EPA's 
June 2010 response letters. In order to gather additional information 
for EPA to consider before making final designations, EPA published a 
notice on July 8, 2010 (75 FR 39254) which invited the public to 
comment on EPA's intended designations. In that notice, EPA provided 
the opportunity to all interested parties other than states and tribes 
to submit comments by August 16, 2010. State and tribal initial 
recommendations and EPA's responses, including modifications, were 
posted on a publically accessible Web Site (http://www.epa.gov/leaddesignations/2008standards/index.html). Timely comments from the 
public and EPA's responses to significant comments are in the docket 
for this action.

VI. What guidance did EPA issue and how did EPA apply the statutory 
requirements and applicable guidance to determine area designations and 
boundaries?

    In the notice of proposed rulemaking for the revised Pb NAAQS (73 
FR 29184), EPA issued proposed guidance on its approach to implementing 
the

[[Page 71037]]

standard, including its approach to initial area designations. EPA 
solicited comment on that guidance and, in the notice of final 
rulemaking (73 FR 66964), adopted guidance concerning how to determine 
the boundaries for nonattainment areas for the Pb NAAQS.\3\ In that 
guidance EPA recommended that monitoring data from the three most 
recent calendar years be used to identify a violation of the Pb NAAQS. 
This is appropriate because the form of the Pb NAAQS is calculated over 
36 consecutive valid 3-month site means (specifically for a 3 calendar 
year period and the 2 previous months).\4\ EPA is basing these final 
designations on monitored Pb concentrations from Federal Reference 
Method (FRM) monitors from calendar years 2007-2009. EPA notes that 
data from 2006-2008 were the most recent data available to states when 
states made their recommendations to EPA. Accordingly, although the 
determination of whether an area violates the standard was based on 
2007-2009 data, EPA considered state recommendations and data from 
2006-2008 as appropriate in determining boundaries for nonattainment 
areas.
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    \3\ See 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.
    \4\ For convenience, this notice refers to the period of 3 
calendar years and the 2 previous months simply as 3 calendar years. 
Thus, monitoring for ``calendar years 2007-2009'' includes data from 
November 2006 through December 2009.
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    In the guidance, EPA stated that the perimeter of a county 
containing a violating monitor would be the initial presumptive 
boundary for nonattainment areas, but also stated that the state, tribe 
and/or EPA could conduct additional area specific analyses that could 
justify establishing either a larger or smaller area. EPA indicated 
that the following factors should be considered in an analysis of 
whether to exclude portions of a county and whether to include 
additional nearby areas outside the county as part of the designated 
nonattainment area: (1) Emissions in areas potentially included versus 
excluded from the nonattainment area; (2) Air quality in potentially 
included versus excluded areas; (3) Population density and degree of 
urbanization including commercial development in included versus 
excluded areas; (4) Expected growth (including extent, pattern and rate 
of growth); (5) Meteorology (weather/transport patterns); (6) 
Geography/topography (mountain ranges or other air basin boundaries); 
(7) Jurisdictional boundaries (e.g., counties, air districts, 
reservations, etc.); and (8) Level of control of emission sources. EPA 
further indicated that we would consider information provided by the 
state resulting from one or more of the following techniques: (1) 
Qualitative analysis; (2) spatial interpolation of air quality 
monitoring data; or (3) air quality simulation by dispersion modeling.
    EPA received comments on the proposed guidance suggesting that 
violations of the Pb NAAQS were likely to occur in close proximity to 
stationary sources of Pb. In response, EPA indicated that it agreed 
that Pb emissions do not generally transport over long distances (e.g., 
as compared to fine particulate matter), and that in situations where a 
single source, rather than multiple sources, is causing a NAAQS 
violation, EPA believes that a state may well be able to use area-
specific analyses to determine whether a nonattainment area that is 
smaller than the county boundary is appropriate.
    EPA found that states did use the factors and the variety of 
techniques identified by EPA in making recommendations for 
nonattainment areas smaller than the county. In recommending 
boundaries, EPA and states began with monitors that recorded a 
violation of the 2008 Pb NAAQS. As provided in Appendix R to 40 CFR 
part 50, all valid Pb-TSP data and all valid Pb-PM10 data 
measured by a FRM or equivalent method submitted to EPA's Air Quality 
System (AQS), or otherwise available to EPA, and meeting the 
requirements of 40 CFR part 58, including Appendices A, C, and E are 
used in design value calculations.\5\ In some cases, states requested 
unclassifiable designations for areas around monitors with a design 
value exceeding the standard. EPA does not believe such a designation 
would be consistent with the requirements of the CAA when we have valid 
data supporting a designation of nonattainment.
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    \5\ A design value is the air quality value that is compared to 
the NAAQS to determine compliance. For the Pb NAAQS, the design 
value is the highest 3-month site mean of daily Pb concentrations 
over 36 consecutive 3-month means for 3 calendar years.
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    For areas with a violating monitor, the designated nonattainment 
area must encompass the entire area that does not meet, and any nearby 
area that contributes to ambient air quality in the area that does not 
meet, the 2008 Pb NAAQS. Given the sources and characteristics of Pb 
emissions, states and EPA generally found factors such as emissions, 
air quality and meteorology to be particularly relevant in determining 
appropriate boundaries, while factors such as population density and 
expected growth were not as relevant for the 2008 Pb NAAQS, and thus 
did not play a significant role in determining boundaries. In some 
cases, states made a judgment that it was important to follow 
jurisdictional boundaries, particularly where jurisdictional boundaries 
smaller than a county exist. In other cases, states chose to rely 
primarily on air dispersion modeling to determine the recommended 
boundaries for nonattainment areas. In each case, EPA reviewed the 
state recommendations and, for the most part, EPA has accepted the 
state's recommendations; however, where EPA felt that changes were 
necessary to a state's initial recommendation, we conveyed those issues 
to the state and have worked with the state to revise the boundaries.

VII. What air quality data has EPA used?

    The final Pb designations contained in this action are based upon 
air quality monitoring data from calendar years 2007-2009. Some 
stakeholders have requested that EPA delay designations, or designate 
areas unclassifiable, by not considering all relevant data (e.g., 
excluding 2007 or 2008 data) in making designation decisions. As 
discussed previously, the form of the standard requires comparison of 
monitoring values from 36 three-month rolling averages (i.e., 3 years, 
plus 2 preceding months). Thus, a violation will have generally 
occurred if any of the 36 three-month average concentrations of either 
Pb-TSP or Pb-PM10 exceeds the level of the NAAQS, and a 
finding of compliance will require that all 36 three-month averages of 
Pb-TSP be at or below the level of the NAAQS.\6\ Moreover, pursuant to 
the CAA, EPA is making designations as expeditiously as practicable. 
Accordingly, where sufficient data from 2007-2009 are available to 
support a nonattainment designation, EPA does not have discretion to 
postpone designations or to exclude certain years from consideration in 
considering whether monitored data results in a violation of the Pb 
NAAQS pursuant to 40 CFR 50.16. Section 107(d) requires EPA to 
designate areas as nonattainment if sufficient data exist to support 
such a designation. EPA can only delay designations for up to one extra 
year if we do not have sufficient data to make

[[Page 71038]]

a designation within the prescribed 2-year period.
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    \6\ For additional details on how to determine when the 2008 Pb 
NAAQS have been met, see 40 CFR part 50, Appendix R.
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VIII. How do designations affect Indian country?

    All counties, partial counties or Air Quality Control Regions 
listed in the table at the end of this document are designated as 
indicated. For the first round of Pb designations, EPA is only 
designating nonattainment areas. There are no areas in Indian country 
being designated nonattainment at this time.

IX. Where can I find information forming the basis for this rule and 
exchanges between EPA, states, and tribes related to this rule?

    Information providing the basis for this action and related 
decisions are provided in the technical support documents (TSDs), 
response to comments document, and other information in the docket. The 
TSDs, applicable EPA guidance memoranda, copies of correspondence 
regarding this process between EPA and the states, tribes, and other 
parties, and EPA's responses to comments, are available for review at 
the EPA Docket Center listed above in the addresses section of this 
document and on our designation Web site at http://www.epa.gov/leaddesignations/2008standards/index.html. State specific information 
is available from the EPA Regional Offices.

X. Statutory and Executive Order Reviews

    Upon promulgation of a new or revised NAAQS, the CAA requires EPA 
to designate areas as attaining or not attaining the NAAQS. The CAA 
then specifies requirements for areas based on whether such areas are 
attaining or not attaining the NAAQS. In this final rule, EPA assigns 
designations to areas as required.

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). This rule responds to the 
requirement to promulgate air quality designations after promulgation 
of a NAAQS. This requirement is prescribed in the CAA section 107 of 
title 1. The present final rule does not establish any new information 
collection.

C. Regulatory Flexibility Act

    This final rule is not subject to the Regulatory Flexibility Act 
(RFA), which generally requires an agency to prepare a regulatory 
flexibility analysis for any rule that will have a significant economic 
impact on a substantial number of small entities. The RFA applies only 
to rules subject to notice-and-comment rulemaking requirements under 
the Administrative Procedure Act (APA) or any other statute. This rule 
is not subject to notice-and-comment requirements under the APA or any 
other statute because the rule is not subject to the APA and is subject 
to CAA section 107(d)(2)(B), which does not require that the Agency 
issue a notice of proposed rulemaking before issuing this rule.

D. Unfunded Mandates Reform Act

    This action contains no federal mandate under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for state, local, or tribal governments or the private 
sector. The action imposes no enforceable duty on any state, local or 
tribal governments or the private sector. Therefore, this action is not 
subject to the requirements of sections 202 and 205 of the UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. It does not create 
any additional requirements beyond those of the CAA and Pb NAAQS (40 
CFR 50.16); therefore, no UMRA analysis is needed. This rule 
establishes nonattainment designations for certain areas of the country 
for the Pb NAAQS. The CAA requires states to develop plans, including 
control measures, based on the designations for areas within the state.
    One mandate that may apply as a consequence of this action to all 
designated nonattainment areas is the requirement under CAA section 
176(c) and associated regulations to demonstrate general conformity of 
federal actions to SIPs. These rules apply to federal agencies making 
conformity determinations. The EPA concludes that such conformity 
determinations will not cost $100 million or more in the aggregate.
    The EPA believes that any new controls imposed as a result of this 
action will not cost in the aggregate $100 million or more annually. 
Thus, this federal action will not impose mandates that will require 
expenditures of $100 million or more in the aggregate in any one year.
    Nonetheless, EPA carried out consultation with government entities 
affected by this rule, including states, tribal governments, and local 
air pollution control agencies.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
meaningful and timely input by state and local officials in the 
development of regulatory policies that have federalism implications. 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the states, or the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government.''
    This final rule does not have federalism implications. It will not 
have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. The CAA establishes the process 
whereby states take primary responsibility in developing plans to meet 
the Pb NAAQS. This rule will not modify the relationship of the states 
and EPA for purposes of developing programs to implement the Pb NAAQS. 
Thus, Executive Order 13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 2, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have Tribal implications.'' This action does not have 
tribal implications, as specified in Executive Order 13175 (65 FR 
67249, November 9, 2000). This rule concerns the designation of areas 
as attainment and nonattainment for the Pb NAAQS. The CAA provides for 
states and eligible tribes to develop plans to regulate emissions of 
air pollutants within their areas based on their designations. The TAR 
provides tribes the opportunity to apply for eligibility to develop and 
implement CAA programs such as

[[Page 71039]]

programs to attain and maintain the Pb NAAQS, but it leaves to the 
discretion of the tribe the decision of whether to apply to develop 
these programs and which programs, or appropriate elements of a 
program, the tribe will seek to adopt. This rule does not have a 
substantial direct effect on one or more Indian tribes. It does not 
create any additional requirements beyond those of the Pb NAAQS (40 CFR 
section 50.16). This rule establishes the designation for certain areas 
of the country for the Pb NAAQS but no areas in Indian country are 
being designated under this rule. Additionally, no tribe has 
implemented a CAA program to attain the Pb NAAQS at this time. 
Furthermore, this rule does not affect the relationship or distribution 
of power and responsibilities between the federal government and Indian 
tribes. The CAA and the TAR establish the relationship of the federal 
government and tribes in developing plans to attain the NAAQS, and this 
rule does nothing to modify that relationship. Because this rule does 
not have tribal implications, Executive Order 13175 does not apply.
    Although Executive Order 13175 does not apply to this rule, EPA 
communicated with tribal leaders and environmental staff regarding the 
designations process. EPA also sent individualized letters to all 
federally recognized tribes to explain the designation process for the 
2008 Pb NAAQS, to provide the EPA designations guidance, and to offer 
consultation with EPA. EPA provided further information to tribes 
through presentations at the National Tribal Forum and through 
participation in National Tribal Air Association conference calls. EPA 
also sent individualized letters to all federally recognized tribes 
that submitted recommendations to EPA about EPA's intended designations 
for the Pb standards and offered tribal leaders the opportunity for 
consultation. These communications provided opportunities for tribes to 
voice concerns to EPA about the general designations process for the Pb 
NAAQS, as well as concerns specific to a tribe, and informed EPA about 
key tribal concerns regarding designations as the rule was under 
development.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it is not economically significant as defined 
in Executive Order 12866. However, the protection offered by the Pb 
NAAQS may be especially important for children because neurological 
effects in children are among if not the most sensitive health 
endpoints for Pb exposure. Because children are considered a sensitive 
population, in setting the Pb NAAQS we carefully evaluated the 
environmental health effects of exposure to Pb pollution among 
children. These effects and the size of the population affected are 
summarized in the EPA's 2006 Air Quality Criteria Document for Pb and 
in the proposed and final Pb NAAQS rules. (http://www.epa.gov/airquality/lead/fr/20081112.pdf)

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA of 1995, Public Law 104-113, section 
12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus 
standards (VCS) in its regulatory activities unless to do so would be 
inconsistent with applicable law or otherwise impracticable. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by VCS bodies. The NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and applicable VCS.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any VCS.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations.

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the U.S.
    The EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on any population, including minority or low-income 
populations.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
U.S. The EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the U.S. prior to 
publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective December 31, 2010.

L. Judicial Review

    Section 307(b)(1) of the CAA indicates which Federal Courts of 
Appeal have venue for petitions of review of final actions by EPA. This 
section provides, in part, that petitions for review must be filed in 
the Court of Appeals for the District of Columbia Circuit: (i) When the 
agency action consists of ``nationally applicable regulations 
promulgated, or final actions taken, by the Administrator,'' or (ii) 
when such action is locally or regionally applicable, if ``such action 
is based on a determination of nationwide scope or effect and if in 
taking such action the Administrator finds and publishes that such 
action is based on such a determination.''
    This rule designating areas for the 2008 Pb NAAQS is ``nationally 
applicable'' within the meaning of section 307(b)(1). This rule 
establishes designations for areas across the U.S. for the 2008 Pb 
NAAQS. At the core of this rulemaking is EPA's interpretation of the 
definition of nonattainment under section 107(d)(1) of the CAA, and its 
application of that interpretation to areas across the country.
    For the same reasons, the Administrator also is determining that 
the final designations are of nationwide scope and effect for the 
purposes of section 307(b)(1). This is particularly appropriate 
because, in the report on the 1977 Amendments that revised section 
307(b)(1) of the CAA, Congress noted that the Administrator's 
determination that an action is of ``nationwide scope or effect'' would 
be appropriate for any action that has a scope or effect beyond a 
single judicial circuit. H.R. Rep. No. 95-294 at 323, 324, reprinted in 
1977

[[Page 71040]]

U.S.C.C.A.N. 1402-03. Here, the scope and effect of this rulemaking 
extends to numerous judicial circuits since the designations apply to 
areas across the country. In these circumstances, section 307(b)(1) and 
its legislative history calls for the Administrator to find the rule to 
be of ``nationwide scope or effect'' and for venue to be in the DC 
Circuit.
    Thus, any petitions for review of final designations must be filed 
in the Court of Appeals for the District of Columbia Circuit within 60 
days from the date final action is published in the Federal Register.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: November 16, 2010.
Lisa P. Jackson,
Administrator.

0
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

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

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

Subpart C--Section 107 Attainment Status Designations

0
2. Section 81.301 is amended by revising the table for ``Alabama--
Lead'' to read as follows:

Sec.  81.301  Alabama.

* * * * *

                                                  Alabama--Lead
----------------------------------------------------------------------------------------------------------------
                                      Designation for the 1978 NAAQS \a\       Designation for the 2008 NAAQS
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------
Troy, AL:
    Pike County (part)............  ..............  Attainment...........  ..............  Nonattainment.
    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.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after March 7, 1995, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.

* * * * *

0
3. Section 81.305 is amended by adding the table for ``California--
Lead'' at the end of the section to read as follows:

Sec.  81.305  California.

* * * * *

                                                California--Lead
----------------------------------------------------------------------------------------------------------------
                                      Designation for the 1978 NAAQS \a\       Designation for the 2008 NAAQS
         Designation area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------
Los Angeles County--South Coast
 Air Basin, CA:
    Los Angeles County (part).....  ..............  Unclassifiable/        ..............  Nonattainment.
                                                     Attainment.
        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;

[[Page 71041]]

 
        then north and west along
         the Angeles National
         Forest boundary to the
         point of intersection
         with the Township line
         common to Township 7
         North and Township 6
         North (point is at the
         northwest corner of
         Section 4 in Township 6
         North and Range 14 West);
        then west along the
         Township line common to
         Township 7 North and
         Township 6 North;
        then north along the range
         line common to Range 15
         West and Range 16 West to
         the southeast corner of
         Section 13, Township 7
         North and Range 16 West;
        then along the south
         boundaries of Sections
         13, 14, 15, 16, 17 and
         18, Township 7 North and
         Range 16 West;
        then north along the range
         line common to Range 16
         West and Range 17 West to
         the north boundary of the
         Angeles National Forest
         (collinear with the
         Township line common to
         Township 8 North and
         Township 7 North);
        then west and north along
         the Angeles National
         Forest boundary to the
         point of intersection
         with the south boundary
         of the Rancho La Liebre
         Land Grant;
        then west and north along
         this land grant boundary
         to the Los Angeles-Kern
         County boundary.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after November 6, 1991, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.

0
4. Section 81.310 is amended by revising the table for ``Florida--
Lead'' to read as follows:

Sec.  81.310  Florida.

* * * * *

                                                  Florida--Lead
----------------------------------------------------------------------------------------------------------------
                                       Designation for the 1978 NAAQS a        Designation for the 2008 NAAQS
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------
Tampa, FL:
    Hillsborough County (part)....  ..............  Unclassifiable/Not     ..............  Nonattainment.
                                                     Designated.
        Area is bounded by a 1.5
         km radius centered at UTM
         coordinates 364104
         meters, 3093830 meters N,
         Zone 17, which surrounds
         the EnviroFocus
         Technologies Facility .
----------------------------------------------------------------------------------------------------------------
a Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after November 6, 1991, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.

* * * * *

0
5. Section 81.314 is amended by adding the table for ``Illinois--Lead'' 
to the end of the section to read as follows:

Sec.  81.314  Illinois.

* * * * *

[[Page 71042]]

                                                 Illinois--Lead
----------------------------------------------------------------------------------------------------------------
                                      Designation for the 1978 NAAQS \a\       Designation for the 2008 NAAQS
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------
Granite City, IL:
    Madison County (part).........  ..............  Unclassifiable/        ..............  Nonattain ment.
                                                     Attainment.
        Area is bounded by Granite
         City Township and Venice
         Township.
----------------------------------------------------------------------------------------------------------------
a Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after November 6, 1991, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.

0
6. Section 81.315 is amended by revising the table for ``Indiana--
Lead'' to read as follows:

Sec.  81.315  Indiana.

* * * * *

                                                  Indiana--Lead
----------------------------------------------------------------------------------------------------------------
                                       Designation for the 1978 NAAQS a        Designation for the 2008 NAAQS
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------
Muncie, IN:
    Delaware County (part)........
        A portion of the City of    ..............  Not Designated.......  ..............  Nonattain ment.
         Muncie, Indiana bounded
         to the North by West 26th
         Street/Hines Road, to the
         east by Cowan Road, to
         the south by West Fuson
         Road, and to West by a
         line running south from
         the eastern edge of
         Victory Temple's driveway
         to South Hoyt Avenue and
         then along South Hoyt
         Avenue.
----------------------------------------------------------------------------------------------------------------
a Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after November 6, 1991, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.

* * * * *

0
7. Section 81.324 is amended by revising the table for ``Minnesota--
Lead'' to read as follows:

Sec.  81.324  Minnesota.

* * * * *

                                                 Minnesota--Lead
----------------------------------------------------------------------------------------------------------------
                                      Designation for the 1978 NAAQS \a\       Designation for the 2008 NAAQS
         Designation area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------
Eagan, MN:
    Dakota County (part)..........  ..............  Attainment...........  ..............  Nonattainment.
Portions of Dakotacounty that are
 bounded by: Lone Oak Rd. (County
 Rd. 26) to the north, County Rd.
 63 to the east, Wescott Rd. to
 the south, and Lexington Ave.
 (County Rd. 43) to the west
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after December 19, 1994, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.

* * * * *

0
8. Section 81.326 is amended by revising the table for ``Missouri--
Lead'' to read as follows:

Sec.  81.326  Missouri.

* * * * *

                                                 Missouri--Lead
----------------------------------------------------------------------------------------------------------------
                                      Designation for the 1978 NAAQS \a\       Designation for the 2008 NAAQS
         Designation area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------
Iron, MO:
    Dent County (part)............  ..............  Unclassifiable/        ..............  Nonattainment.
                                                     Attainment.

[[Page 71043]]

 
        Sections 4, 9, 16, 21, 28,  ..............  .....................  ..............  .....................
         33 of T34N, R2W..
    Iron County (part)............  ..............  Unclassifiable/        ..............  Nonattainment.
                                                     Attainment.
        Sections 6-7, 18-19, 30-32  ..............  .....................  ..............  Nonattainment.
         of T34N, R1W and Sections
         1-3, 10-15, 22-27, 34-36
         of T34N, R2W.
    Reynolds County (part)........  ..............  Unclassifiable/        ..............  Nonattainment.
                                                     Attainment.
        Sections 5-7 of T33N, R1W   ..............  .....................  ..............  .....................
         and Sections 1-3, 10-12
         of T33N, R2W.
Jefferson County, MO:
    Jefferson County (part) Within          1/6/92  Nonattainment........  ..............  Nonattainment.
     city limits of Herculaneum.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after November 6, 1991, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.

* * * * *

0
9. Section 81.336 is amended by revising the table for ``Ohio--Lead'' 
to read as follows:

Sec.  81.336  Ohio.

* * * * *

                                                   Ohio--Lead
----------------------------------------------------------------------------------------------------------------
                                      Designation for the 1978 NAAQS \a\       Designation for the 2008 NAAQS
         Designation area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------
Bellefontaine, OH:
    Logan County (part) The         ..............  Not Designated.......  ..............  Nonattainment.
     portions of Logan County that
     are bounded by: sections 27,
     28, 33, and 34 of Lake
     Township.
Cleveland, OH:
    Cuyahoga County (part) The      ..............  Not Designated.......  ..............  Nonattainment.
     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) The        ..............  Not Designated.......  ..............  Nonattainment.
     portions of Fulton County
     that are bounded by: sections
     12 and 13 of York Township
     and sections 7 and 18 of Swan
     Creek Township.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after November 6, 1991, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.

* * * * *

0
10. Section 81.339 is amended by adding the table for ``Pennsylvania--
Lead'' to the end of the section to read as follows:

Sec.  81.339  Pennsylvania.

* * * * *

                                               Pennsylvania--Lead
----------------------------------------------------------------------------------------------------------------
                                      Designation for the 1978 NAAQS \a\       Designation for the 2008 NAAQS
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------
Lower Beaver Valley, PA:
    Beaver County (part)..........  ..............  Unclassifiable/        ..............  Nonattainment
                                                     Attainment.
        Area is bounded by Potter   ..............  .....................  ..............  .....................
         Township and Vanport
         Township.
Lyons, PA:
    Berks County (part)...........  ..............  Unclassifiable/        ..............  Nonattainment.
                                                     Attainment.
        Area is bounded by          ..............  .....................  ..............  .....................
         Kutztown Borough, Lyons
         Borough, Maxatawny
         Township and Richmond
         Township.
North Reading, PA:
    Berks County (part)...........  ..............  Unclassifiable/        ..............  Nonattainment.
                                                     Attainment.

[[Page 71044]]

 
        Area is bounded by Alsace   ..............  .....................  ..............  .....................
         Township, Laureldale
         Borough, and Muhlenberg
         Township.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after November 6, 1991, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.

0
11. Section 81.343 is amended by revising the table for ``Tennessee--
Lead'' to read as follows:

Sec.  81.343  Tennessee.

* * * * *

                                                 Tennessee--Lead
----------------------------------------------------------------------------------------------------------------
                                      Designation for the 1978 NAAQS \a\       Designation for the 2008 NAAQS
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------
Bristol, TN:
    Sullivan County (part) Area is  ..............  Not Designated.......  ..............  Nonattainment.
     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.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after November 6, 1991, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.

* * * * *

0
12. Section 81.344 is amended by revising the table for ``Texas--Lead'' 
to read as follows:

Sec.  81.344  Texas.

* * * * *

                                                   Texas--Lead
----------------------------------------------------------------------------------------------------------------
                                      Designation for the 1978 NAAQS \a\       Designation for the 2008 NAAQS
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------
Frisco, TX:
    Collin County (part) The area         12/13/99  Attainment...........  ..............  Nonattainment.
     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.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after November 6, 1991, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.

[FR Doc. 2010-29405 Filed 11-19-10; 8:45 am]
BILLING CODE 6560-50-P
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