48442 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations 

[FR Doc. 2017–22253 Filed 10–17–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2017–0256; FRL–9969–67– 

Region 5] 

Air Plan Approval; Ohio; 

Redesignation of the Fulton County 

Area to Attainment of the 2008 Lead 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State of 

Ohio’s request to revise the designation 

of, or ‘‘redesignate,’’ the Fulton County 

nonattainment area (Fulton County) to 

attainment of the 2008 National 

Ambient Air Quality Standards 

(NAAQS or standard) for lead. EPA is 

also approving the maintenance plan 

and related elements of the 

redesignation. EPA is approving 

reasonably available control measure 

(RACM)/reasonably available control 

technology (RACT) measures and a 

comprehensive emissions inventory as 

meeting the Clean Air Act (CAA) 

requirements. EPA is taking these 

actions in accordance with the CAA and 

EPA’s implementation regulations 

regarding the 2008 lead NAAQS. 

DATES: This direct final rule will be 

effective December 18, 2017, unless EPA 

receives relevant adverse comments by 

November 17, 2017. 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 rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2017–0256 at http://

www.regulations.gov or via email to 

blakley.pamela@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Control 

Strategies Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–6524, rau.matthew@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. Why is EPA concerned about lead? 

II. What is the background for these actions? 

III. What are the criteria for redesignation to 

attainment? 

IV. What is EPA’s analysis of Ohio’s request? 

V. What action is EPA taking? 

VI. Statutory and Executive Order Reviews 

I. Why is EPA concerned about lead? 

Lead is a metal found naturally in the 

environment and present in some 

manufactured products. However, lead 

has serious public health effects and 

depending on the level of exposure can 

adversely affect the nervous system, 

kidney function, immune system, 

reproductive and developmental 

systems and the cardiovascular system. 

Infants and young children are 

especially sensitive to even low levels of 

lead, which may contribute to 

behavioral problems, learning deficits 

and lowered intelligence quotient. The 

major sources of lead for air 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 declined by 95 

percent between 1980 and 1999, and 

levels of lead in the air decreased by 94 

percent between 1980 and 1999. 

II. What is the background for these 

actions? 

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 threemonth mean concentration for a threeyear period. 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. 

A portion of Fulton County was 

designated as nonattainment for lead, 

specifically portions of Swan Creek and 

York Townships. 40 CFR 81.336. 

On April 27, 2017, Ohio requested 

EPA to designate the applicable Fulton 

County area as attainment of the lead 

NAAQS. Ohio documented that its 

request meets the redesignation criteria 

of CAA section 107. 

Ohio used the emissions inventory to 

find that there were no area, mobile, or 

nonroad sources of lead emissions that 

contributed to nonattainment. The 

Bunting Bearings LLC facility (Bunting) 

in the village of Delta is the only point 

source of lead emissions in the 

nonattainment area. Bunting 

manufactures continuous cast products 

in copper alloys, typically bronze, that 

contain lead. The lead component of the 

alloys is important as it allows for 

machining the bronze. 

III. What are the criteria for 

redesignation to attainment? 

The requirements for redesignating an 

area from nonattainment to attainment 

are found in CAA section 107(d)(3)(E). 

There are five criteria for redesignating 

an area. First, the Administrator must 

determine that the area has attained the 

applicable NAAQS based on current air 

quality data. Second, the Administrator 

must have fully approved the applicable 

SIP for the area under CAA section 

110(k). The third criterion is for the 

Administrator to determine that the air 

quality improvement is the result of 

permanent and enforceable emission 

reductions. Fourth, the Administrator 

must have fully approved a 

maintenance plan meeting the CAA 

section 175A requirements. The fifth 

criterion is that the state has met all of 

the applicable requirements of CAA 

section 110 and part D. 

IV. What is EPA’s analysis of Ohio’s 

request? 

A. Attainment Determination and 

Redesignation 

1. The Area Has Attained the 2008 Lead 

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

On May 26, 2015, EPA determined 

that Fulton County has attained the 

2008 lead NAAQS. 80 FR 29964. EPA 

made its clean data determination based 


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upon complete, quality-assured and 

certified ambient air monitoring data for 

the 2012–2014 period. The Fulton 

County area attained the 2008 lead 

NAAQS, with a design value of 0.09 mg/ 

m3 for 2012–2014, well below the 0.15 

mg/m3 standard. 

EPA has reviewed the current 

monitoring data for Fulton County, 

Ohio. The latest available monitoring 

data continue to show attainment of the 

2008 lead NAAAQS. The 2014–2016 

design value for the County is 0.12 mg/ 

m3. 

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)) 

EPA has determined that Ohio has 

met all currently applicable SIP 

requirements for purposes of 

redesignation for the Fulton County area 

under section 110 of the CAA (general 

SIP requirements). In addition, with the 

exceptions of the RACM/RACT 

requirements under section 172(c)(1) 

and the emissions inventory under 

section 172(c)(3), all applicable 

requirements of the Ohio SIP for 

purposes of redesignation have either 

been approved or have been suspended, 

by either a clean data determination or 

determination of attainment. EPA is also 

approving Ohio’s 2013 emissions 

inventory as meeting the section 

172(c)(3) comprehensive emissions 

inventory requirement as well as 

approving the RACM provisions as 

meeting the section 172(c)(1) 

requirement. Thus, we are determining 

that Ohio’s submission meets all SIP 

requirements currently applicable for 

purposes of redesignation under part D 

of title I of the CAA, in accordance with 

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

107(d)(3)(E)(v). 

In making these determinations, EPA 

has 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. Further discussion of EPA’s 

review of Ohio’s submittal regarding 

these criteria follows. 

a. Ohio Has Met All Applicable 

Requirements for Purposes of 

Redesignation of the Fulton County 

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: 

(1) Include enforceable emission 

limitations and other control measures, 

means or techniques necessary to meet 

the requirements of the CAA; (2) 

provide for establishment and operation 

of appropriate devices, methods, 

systems, and procedures necessary to 

monitor ambient air quality; (3) 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; (4) include provisions for the 

implementation of part C, Prevention of 

Significant Deterioration (PSD) and part 

D, New Source Review (NSR) permit 

programs; (5) include criteria for 

stationary source emission control 

measures, monitoring, and reporting; (6) 

include provisions for air quality 

modeling; and (7) 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 interprets the ‘‘applicable’’ 

requirements for an area’s redesignation 

to be those requirements linked with a 

particular area’s nonattainment 

designation. Therefore, EPA believes 

that the section 110 elements described 

above that are not connected with 

nonattainment plan submissions and 

not linked with an area’s attainment 

status, such as the ‘‘infrastructure SIP’’ 

elements of section 110(a)(2), are not 

applicable requirements for purposes of 

redesignation. A state remains subject to 

these requirements after an area is 

redesignated to attainment, and thus 

EPA does not interpret such 

requirements to be relevant applicable 

requirements to evaluate in a 

redesignation. For example, the 

requirement to submit state plans 

addressing interstate transport 

obligations under section 

110(a)(2)(D)(i)(I) continue to apply to a 

state regardless of the designation of any 

one particular area in the state, and thus 

are not applicable requirements to be 

evaluated in the redesignation context. 

EPA has applied this interpretation 

consistently in many redesignations 

over a period of decades. See e.g., 81 FR 

44210 (July 7, 2016) (final redesignation 

for the Sullivan County, Tennessee 

area); 79 FR 43655 (July 28, 2014) (final 

redesignation for Bellefontaine, Ohio 

lead nonattainment area); 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). 

EPA has reviewed the Ohio SIP and 

has determined that it meets the general 

SIP requirements under section 110 of 

the CAA to the extent the requirements 

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 

submitted its infrastructure SIP 

elements for the 2008 lead NAAQS as 

required by CAA section 110(a)(2). EPA 

approved Ohio’s infrastructure SIP 

requirements for the 2008 lead NAAQS 

on October 6, 2014. 79 FR 60075. The 

requirements of section 110(a)(2) are 

statewide requirements that are not 

linked to the lead nonattainment status 

of the Fulton County area or Ohio’s 

redesignation request. 

ii. Part D Requirements 

EPA has determined that upon 

approval of the base year emissions 

inventories and RACM provisions 

discussed in this rulemaking, the Ohio 

SIP will meet the applicable SIP 

requirements for the Fulton County area 

applicable for purposes of redesignation 

under part D of the CAA. Subpart 1 of 

part D sets forth the basic nonattainment 

requirements applicable to all 

nonattainment areas. 

(1) Section 172 Requirements 

Section 172(c) sets out general 

nonattainment plan requirements. A 

thorough discussion of these 

requirements can be found in the 

General Preamble for Implementation of 

Title I (57 FR 13498, April 16, 1992) 

(‘‘General Preamble’’). EPA’s 

longstanding interpretation of the 

nonattainment planning requirements of 

section 172 is that once an area is 

attaining the NAAQS, those 

requirements are not ‘‘applicable’’ for 

purposes of CAA section 107(d)(3)(E)(ii) 

and therefore need not be approved into 

the SIP before EPA can redesignate the 

area. In the General Preamble, EPA set 

forth its interpretation of applicable 


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1Although the approach being implemented here 

is inconsistent with the Agency’s longstanding 

national policy, such deviation is required in order 

to act in accordance with an applicable Circuit 

Court decision. Consistent with 40 CFR 56.5(b), the 

Region does not need to seek concurrence from EPA 

Headquarters for such deviation in these 

circumstances. 81 FR 51102 (August 3, 2016). 

2A detailed rationale for this view is described 

in a memorandum from Mary Nichols, Assistant 

Administrator for Air and Radiation, dated October 

14, 1994, entitled, ‘‘Part D New Source Review 

Requirements for Areas Requesting Redesignation 

to Attainment.’’ 

requirements for purposes of evaluating 

redesignation requests when an area is 

attaining a standard. 57 FR 13564. EPA 

noted that the requirements for 

reasonable further progress (RFP) and 

other measures designed to provide for 

an area’s attainment do not apply in 

evaluating redesignation requests 

because those nonattainment planning 

requirements ‘‘have no meaning’’ for an 

area that has already attained the 

standard. Id. This interpretation was 

also set forth in the September 4, 1992, 

Processing Requests to Redesignate 

Areas to Attainment: Policy 

Memorandum (Calcagni Memorandum). 

EPA’s understanding of section 172 

also forms the basis of its Clean Data 

Policy. Under the Clean Data Policy, 

EPA promulgates a determination of 

attainment, published in the Federal 

Register and subject to notice-andcomment rulemaking, and this 

determination formally suspends a 

state’s obligation to submit most of the 

attainment planning requirements that 

would otherwise apply, including an 

attainment demonstration and planning 

SIPs to provide for RFP, RACM, and 

contingency measures under section 

172(c)(9). The Clean Data Policy has 

been codified in regulations regarding 

the implementation of the ozone and 

fine particulate matter NAAQS. 70 FR 

71612 (November 29, 2005) and 72 FR 

20586 (April 25, 2007). The Clean Data 

Policy has also been specifically applied 

in a number of lead nonattainment areas 

where EPA has determined that the area 

is attaining the lead NAAQS. 79 FR 

46212 (August 7, 2014) (proposed 

determination of attainment of Lyons, 

Pennsylvania lead nonattainment area); 

80 FR 51127 (determination of 

attainment of Eagan, Minnesota lead 

nonattainment area). EPA finalized a 

Clean Data Determination under this 

policy for the Fulton County lead 

nonattainment area on May 26, 2015. 80 

FR 29964. 

EPA’s long-standing interpretation 

regarding the applicability of section 

172(c) attainment planning 

requirements for an area that is attaining 

a NAAQS applies in this redesignation 

of the Fulton County lead 

nonattainment area as well, except for 

the applicability of the requirement to 

implement all reasonably available 

control measures under section 

172(c)(1). On July 14, 2015, the United 

States Court of Appeals for the Sixth 

Circuit (6th Circuit) ruled that to meet 

the requirement of section 

107(d)(3)(E)(ii), states are required to 

submit plans addressing RACM/RACT 

under section 172(c)(1) and EPA is 

required to approve those plans prior to 

redesignating the area, regardless of 

whether the area is attaining the 

standard. Sierra Club v. EPA, 793 F.3d 

656 (6th Cir. 2015). As Ohio is within 

the jurisdiction of the 6th Circuit, EPA 

is acting in accordance with the Sierra 

Club decision by approving RACM 

provisions in parallel with this 

redesignation action.1

Section 172(c)(1) requires the plans 

for all nonattainment areas to provide 

for the implementation of all RACM as 

expeditiously as practicable and to 

provide for attainment of the primary 

NAAQS. Under this requirement, a state 

must consider all available control 

measures, including reductions that area 

available from adopting RACT on 

existing sources, for a nonattainment 

area and adopt and implement such 

measures as are reasonably available in 

the area as components of the area’s 

attainment demonstration. EPA is today 

approving Ohio’s RACM submission. 

Therefore, Ohio has met its 

requirements under CAA sections 

172(c)(1) and 107(d)(3)(E)(v). 

The remaining section 172(c) 

‘‘attainment planning’’ requirements are 

not applicable for purposes of 

evaluating Ohio’s redesignation request. 

Specifically, the RFP requirement under 

section 172(c)(2), which is defined as 

progress that must be made toward 

attainment, the requirement to submit 

section 172(c)(9) contingency measures, 

which are measures to be taken if the 

area fails to make reasonable further 

progress to attainment, and the section 

172(c)(6) requirement that the SIP 

contain control measures necessary to 

provide for attainment of the standard, 

are not applicable requirements that 

Ohio must meet here because the Fulton 

County area has monitored attainment 

of the 2008 lead NAAQS. As noted, EPA 

issued a determination of attainment (or 

clean data determination) for the Fulton 

County area in May 2015, which 

formally suspended the obligation to 

submit any of the attainment planning 

SIPs. 80 FR 29964 (May 26, 2015). 

Section 172(c)(3) requires submission 

and approval of a comprehensive, 

accurate, and current inventory of actual 

emissions. Ohio submitted 2008 and 

2013 emission inventories with its 

redesignation request. The 2013 

inventory can be used as the most 

accurate and current inventory. As 

discussed in section III.B., EPA is 

approving the 2013 base year inventory 

as meeting the section 172(c)(3) 

emissions inventory requirement for the 

Fulton County 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 January 10, 

2003. 68 FR 1366. In addition, the 

state’s maintenance plan does not rely 

on nonattainment NSR, therefore having 

a fully approved NSR program is not an 

applicable requirement, but, 

nonetheless, EPA has approved the 

state’s program.2

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

contain control measures necessary to 

provide for attainment of the standard. 

No additional measures are needed to 

provide for attainment because 

attainment has been reached. 

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

meet the applicable provisions of 

section 110(a)(2). EPA has determined 

that the Ohio SIP meets the section 

110(a)(2) applicable requirements for 

purposes of redesignation. 

(2) Section 176 Conformity 

Requirements 

CAA section 176(c) requires states to 

establish criteria and procedures to 

ensure that Federally-supported 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 

projects (general conformity). 

Considering the elimination of lead 

additives in gasoline, transportation 

conformity does not apply to the lead 

NAAQS. 73 FR 66964, 67043 n.120. 

EPA approved Ohio’s general 

conformity SIP 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 2013 emissions 

inventories and approval of RACM for 


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the Fulton County lead area, EPA will 

have fully approved the Ohio SIP for the 

Fulton County area under section 110(k) 

of the CAA for all requirements 

applicable for purposes of 

redesignation, in accordance with 

section 107(d)(3)(E)(ii). 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)). EPA also relies on 

measures approved in conjunction with 

a redesignation action. See 68 FR 25413 

(May 12, 2003) (approving I/M program 

for St. Louis) and 68 FR 25413, 25426 

(May 12, 2003). Ohio has adopted and 

submitted, and EPA has fully approved, 

required SIP provisions addressing the 

2008 lead standards. Of the CAA 

requirements applicable to this 

redesignation request only two remain 

applicable, the emissions inventory 

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

RACM requirement of section 172(c)(1). 

EPA is approving Ohio’s 2013 

emissions inventories for the Fulton 

County area as meeting the requirement 

of section 172(c)(3) of the CAA, and 

approving RACM provisions meeting 

the requirement of 172(c)(1). No SIP 

provisions are currently disapproved, 

conditionally approved, or partially 

approved in the Fulton County area 

under section 110(k) in accordance with 

section 107(d)(3)(E)(ii). 

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)) 

To support the revision of an area’s 

designation from nonattainment to 

attainment, CAA section 107(d)(3)(E)(iii) 

requires EPA to determine that the air 

quality improvement in the area is due 

to permanent and enforceable 

reductions in emissions. Permanent and 

enforceable emission reductions result 

from the implementation of the SIP and 

applicable Federal air pollution control 

regulations and other permanent and 

enforceable emission reductions. 

Bunting is the lone source of lead 

emissions in the Fulton County 

nonattainment area. Ohio implemented 

a preventative maintenance plan (PMP) 

for Bunting. The PMP specifies the 

required inspections to be performed, 

requires continuous operation of a fabric 

filter bag leak detection system, and 

specifies the correct actions Bunting is 

to take following an inspection 

suggesting a leak or an alarm of the leak 

detection system. The PMP was 

implemented to correct control 

equipment malfunctions and poor 

housekeeping that caused additional 

lead emissions from the Bunting facility. 

Ohio incorporated the PMP 

requirements into the Air Pollution 

Permits-to-install and operate P0121822, 

P0120836, and P0121942 issued to 

Bunting on February 28, 2017. Those 

permits are permanent and Federally 

enforceable. 

4. Ohio Has a Fully Approved 

Maintenance Plan Pursuant to Section 

175A of the CAA (Section 

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

In conjunction with its request to 

redesignate the Fulton County 

nonattainment area to attainment, Ohio 

requested a SIP revision to provide for 

maintenance of the 2008 lead NAAQS 

in the area through 2030. 

a. What is required in a maintenance 

plan? 

The required elements of a 

maintenance plan for areas seeking 

redesignation from nonattainment to 

attainment are contained in section 

175A of the CAA. 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. Eight years after 

redesignation, the state must submit a 

revised maintenance plan which 

demonstrates that attainment will 

continue to be maintained for the 

subsequent 10 years. 

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 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 10 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. 

Ohio’s maintenance plan shows that 

the Fulton County area’s emissions will 

remain below the attainment year levels 

through 2030. 

b. Attainment Inventory 

Ohio provided lead emissions 

inventories for the nonattainment year 

(2008), the attainment year (2013), an 

interim year (2021), and a future year 

(2030). The lead emissions in tons per 

year (TPY) for Fulton County, Ohio are 

listed in Table 1. 

TABLE 1—FULTON COUNTY, OHIO

LEAD EMISSIONS

2008 0.0050 TPY nonattainment year. 

2013 0.0035 TPY attainment year. 

2021 0.00315 TPY future year (interim). 

2030 0.00284 TPY future year (maintenance). 

c. Demonstration of Maintenance 

Ohio included a section 175(A) 

maintenance plan in its submission. In 

the plan, Ohio has provided both an 

emissions inventory and air dispersion 

modeling of the emission limits 

resulting from the PMP to demonstrate 

that the area is expected to maintain the 

standard into the future. 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. A 

maintenance demonstration need not be 

based on modeling. See Wall v. EPA, 

265 F.3d 426 (6th Cir. 2001), Sierra Club 

v. EPA, 375 F. 3d 537 (7th Cir. 2004). 

See also 66 FR 53094, 53099–53100 

(October 19, 2001), 68 FR 25413, 25430– 

25432 (May 12, 2003). 

The plan demonstrates maintenance 

of the 2008 lead standard through 2030 

by showing that current and future 

emissions of lead in the area remain at 

or below attainment year emission 

levels. In addition, the area can show 

modeled attainment of the NAAQS. The 

emissions inventory comparison 

showing the decline in emissions 

between 2013 and 2030 indicates 

maintenance. The modeling Ohio 

conducted also supports the conclusion 

that the Fulton County area will 

maintain attainment into the future. 

A summary of the air dispersion 

modeling for Bunting was included in 

Ohio’s submission. The modeling 

evaluated the PMP measures including 

the emission limits from Air Pollution 

Permits-to-install and operate P0108083, 

P0121822, P0120836, and P0121942. 

Ohio used the American Meteorology 


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Society/Environmental Protection 

Agency Regulatory Model, known as 

AERMOD. That analysis yielded a 

maximum impact of 0.12 mg/m3, which 

is below the 2008 lead NAAQS of 0.15 

mg/m3. This modeling analysis is valid 

for the Fulton County redesignation 

because the Bunting control measures 

are responsible for the emission 

reductions that brought the area into 

attainment. 

Ohio’s maintenance plan submission 

shows that the Fulton County area’s 

lead emissions will remain below the 

attainment year inventories through 

2030. See Table 1. The reductions in 

lead emissions in the Fulton County 

area result from the permanent and 

enforceable control measures for 

Bunting, the lone lead source in the 

area. Monitoring data show that the 

Fulton County area ambient lead 

concentrations have remained below the 

NAAQS since the PMP was applied to 

Bunting. Because of the control 

measures implemented, it is reasonable 

to expect the emissions to remain at a 

level that meets the standard. Thus, it is 

reasonable to expect the Fulton County 

area will continue to attain the 2008 

lead NAAQS through 2030. EPA has 

determined that Ohio’s submission 

demonstrates that the area will continue 

to maintain the 2008 lead NAAQS at 

least through 2030. In addition, the air 

dispersion modeling indicates that with 

the permitted emission limitation 

implemented the Fulton County area 

ambient lead concentration will be 

below the 2008 lead NAAQS. Based on 

the showing, in accordance with section 

175A, that the Ohio’s maintenance plan 

provides for maintenance for at least 10 

years after redesignation, EPA is 

approving the redesignation request and 

maintenance plans. 

d. Monitoring Network 

Ohio has committed to monitor 

ambient lead levels in the Fulton 

County area during the maintenance 

period to confirm continued 

maintenance of the 2008 lead NAAQS, 

and to continue to operate an adequate 

monitoring network. EPA has 

determined that the Fulton County, 

Ohio area lead monitoring network is 

adequate to confirm maintenance. 

e. Verification of Continued Attainment 

Ohio will also continue to enter its air 

monitoring data into the Air Quality 

System in accordance with Federal 

guidelines. It will also submit periodic 

emissions inventories to EPA as 

required by the Federal Consolidated 

Emissions Reporting Rule. 67 FR 39602, 

June 10, 2002. Both actions will help to 

verify continued attainment of the 

NAAQS 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. CAA section 175A requires 

that the maintenance plan include such 

contingency measures. 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. 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 three-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 three-month rolling 

average exceeding 0.143 mg/m3. The 

action level response will require Ohio 

to work with the entity found to be 

responsible for the ambient 

concentration 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. 

Should the 2008 lead NAAQS be 

violated during the maintenance period, 

Ohio will implement one or more 

contingency measures. The contingency 

measures will be considered based on 

the cause of the elevated lead levels. 

Potential measures include 

improvements to existing control 

devices, the addition of a secondary 

control device, and improvements to 

housekeeping and maintenance. 

EPA has determined that Ohio’s 

maintenance plan adequately addresses 

the five basic components of a 

maintenance plan: Attainment 

inventory, maintenance demonstration, 

monitoring network, verification of 

continued attainment, and a 

contingency plan. 

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 

Fulton County area to cover an 

additional ten-year period beyond the 

initial ten-year maintenance period. 

For the reasons set forth above, EPA 

is approving Ohio’s 2008 lead 

maintenance plan for the Fulton County 

area as meeting the requirements of 

CAA section 175A. 

B. Comprehensive Emissions Inventory 

Section 172(c)(3) of the CAA requires 

areas to submit a comprehensive, 

accurate, and current emissions 

inventory. Ohio provided such an 

inventory in its submission. 

Ohio identified Bunting as the lone 

source of lead emissions in the Fulton 

County nonattainment area. Thus, the 

emissions from Bunting represent the 

emissions of the Fulton County area. In 

2013, the lead emissions were 0.0035 

TPY. See Table 1. 

EPA approves the lead emissions 

inventories submitted by Ohio in April 

2017 as fully meeting the 

comprehensive inventory requirement 

of section 172(c)(3) of the CAA for the 

Fulton County area for the 2008 lead 

NAAQS. 

C. RACM Requirements 

Based on the 6th Circuit decision 

discussed above, EPA requires areas in 

the jurisdiction of the 6th Circuit to 

have approved RACM/RACT provisions 

in order to be redesignated. Ohio 

performed a RACM analysis for Bunting. 

EPA is approving the existing controls 

and maintenance provisions for Bunting 

as fulfilling this requirement. Bunting 

has combined limits in Federally 

enforceable permits for the units 

controlled by each of its three 

baghouses. Baghouse A has a combined 

limit of 0.150 pound lead per hour (lb/ 

hr) for the exhaust of units P006 to 

P011, P013, P020 to P025, P029 to P032, 

P035, and P036. Baghouse B has a 

combined limit of 0.150 lb/hr for units 

P014 to P019 and P028. Baghouse C has 

a combined limit of 0.075 lb/hr for unit 

P005. The current controls and PMP 

have brought the area into attainment 

and constitute RACM, which meets the 

requirement of CAA section 172(c)(1). 

V. What action is EPA taking? 

EPA has determined that the Fulton 

County area is attaining the 2008 lead 

NAAQS and that the area has met the 

requirements for redesignation under 


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

thus approving the request from Ohio to 

change the legal designation of the 

Fulton County area from nonattainment 

to attainment for the 2008 lead standard. 

EPA is approving Ohio’s maintenance 

plan for the Fulton County area as a 

revision to the Ohio SIP because we 

have determined that the plan meets the 

requirements of section 175A of the 

CAA. EPA is approving the emission 

controls in Air Pollution Permits-toinstall and operate P0108083, P0121822, 

P0120836, and P0121942 as meeting the 

RACM/RACT requirements of CAA 

section 172(c)(1). EPA is approving the 

2013 emissions inventory as meeting the 

comprehensive emissions inventory 

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

CAA. EPA is taking these actions in 

accordance with the CAA and EPA’s 

implementation regulations regarding 

the 2008 lead NAAQS. 

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 December 18, 2017 without 

further notice unless we receive relevant 

adverse written comments by November 

17, 2017. 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. Public 

comments 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 December 18, 2017. 

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 Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• 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 Clean Air Act; 

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, the SIP is not approved to 

apply on any Indian reservation land or 

in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 18, 

2017. 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Reporting and recordkeeping 

requirements. 

40 CFR Part 81 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Designations and 

classifications, Intergovernmental 

relations, Lead, Reporting and 

recordkeeping requirements. 

Dated: September 28, 2017. 

Robert A. Kaplan, 

Acting 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. 


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■ 2. In § 52.1870 the table in paragraph 

(e) is amended by adding a new entry 

for ‘‘Lead (2008)’’ under sub-heading 

‘‘Summary of Criteria Pollutant 

Maintenance Plan’’ to read as follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title Applicable geographical 

or non-attainment area State date EPA approval Comments 

*******

Lead (2008) ....... Delta (partial Fulton 

County).

4/27/2017 10/18/2017, [insert Federal Register citation].Includes approval of the 2013 lead base year emissions inventory and Preventative Maintenance 

Plan as RACM for the Bunting Bearing LLC Delta 

facility. 

*******

■ 3. Section 52.1893 is amended by 

adding new paragraphs (f), (g) and (h) to 

read as follows: 

§ 52.1893 Control strategy: Lead (Pb). 

* * * * * 

(f) Ohio’s 2013 lead emissions 

inventory for the Fulton County area, 

submitted on April 27, 2017, to meet the 

emission inventory requirements of 

section 172(c)(3) of the Clean Air Act for 

the Fulton County area. 

(g) Approval—The 2008 lead 

maintenance plan for the Fulton 

County, Ohio nonattainment area, 

submitted on April 27, 2017. 

(h) Existing controls and maintenance 

provisions in the Air Pollution Permitsto-install and operate P0108083, 

P0121822, P0120836, and P0121942 for 

the Bunting Bearing LLC Delta facility 

including the preventative maintenance 

plan as fulfilling the RACM/RACT 

172(c)(1) requirement. Permits 

P0120836, P0121822, and P0121942, all 

issued February 28, 2017, require a 

combined limit of 0.150 pounds lead 

per hour for the exhaust of units P006 

to P011, P013, P020 to P025, P029 to 

P032, P035, and P036. Permit P0108083, 

issued October 29, 2012, requires a 

combined limit of 0.150 pounds lead 

per hour for units P014 to P019 and 

P028 and a combined limit of 0.075 lb/ 

hr for unit P005. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 4. The authority citation for part 81 

continues to read as follows: 

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

■ 5. Section 81.336 is amended by 

revising the entry for Delta, OH in the 

table entitled ‘‘Ohio—2008 Lead 

NAAQS’’ to read as follows: 

§ 81.336 Ohio. 

* * * * * 

OHIO—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 

NAAQSa

Date 1 Type 

*******

Delta, OH: 

Fulton County (part) ....................................................................................................................................... 10/18/2017 Attainment. 

The portions of Fulton County that are bounded by: sections 12 and 13 of York Township and sections 7 and 18 of Swan Creek Township.

* * * * * * * 

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

1 December 31, 2011, unless otherwise noted. 

[FR Doc. 2017–22495 Filed 10–17–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2016–0593; FRL–9969–69– 

Region 5] 

Air Plan Approval; Illinois; 

Redesignation of the Chicago and 

Granite City Areas to Attainment of the 

2008 Lead Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the Illinois 

Environmental Protection Agency’s 

(Illinois EPA’s) request to redesignate 

the Chicago and Granite City 

nonattainment areas (hereafter also 

referred to as the ‘‘areas’’) to attainment 

for the 2008 national ambient air quality 

standards (NAAQS or standards) for 

lead, also identified as Pb. EPA is also 

approving, as revisions to the Illinois 

state implementation plan (SIP): The 

state’s plan for maintaining the 2008 

lead NAAQS in the areas for a period of 

ten years following these redesignations; 


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