[Federal Register Volume 76, Number 119 (Tuesday, June 21, 2011)]
[Proposed Rules]
[Pages 36042-36044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15415]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2009-0443; FRL-9321-2]


EPA Responses to State and Tribal 2008 Lead Designation 
Recommendations: Notice of Availability and Public Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability and public comment period.

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SUMMARY: Notice is hereby given that the EPA has posted its responses 
to State and tribal designation recommendations for the 2008 Lead (Pb) 
National Ambient Air Quality Standards (NAAQS) on its Internet Web 
site. The EPA invites public comments on its responses during the 
comment period specified in the DATES section. The EPA sent responses 
directly to the states and tribes on or about June 15, 2011, and 
intends to make final designation determinations for the 2008 Pb NAAQS 
by October 14, 2011.

DATES: Comments must be received on or before July 21, 2011. Please 
refer to SUPPLEMENTARY INFORMATION for additional information on the 
comment period.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2009-
0443, by one of the following methods:
     http://www.regulations.gov. Follow the online instructions 
for submitting comments.
     E-mail: [email protected]. Attention Docket ID No. 
EPA-HQ-OAR-2009-0443.
     Fax: 202-566-9744. Attention Docket ID No. EPA-HQ-OAR-
2009-0443.
     Mail: Air Docket, Attention Docket ID No. EPA-HQ-OAR-2009-
0443, Environmental Protection Agency, Mail Code: 6102T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, 1301 Constitution 
Avenue, NW., Room 3334, Washington, DC. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2009-0443. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be confidential business information or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be confidential business information or otherwise protected 
through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means the EPA will not know your identity or contact information unless 
you provide it in the body of your comment. If you send an e-mail 
comment directly to the EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA is unable to read your comment and cannot 
contact you for clarification due to technical difficulties, the EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about the EPA's 
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For additional instructions on 
submitting comments, go to Section II of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., confidential business 
information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be

[[Page 36043]]

publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, EPA West, 
Room 3334, 1301 Constitution Avenue, 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 Air 
Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this 
action, please contact Rhonda Wright, U.S. EPA, Office of Air Quality 
Planning and Standards, Air Quality Planning Division, C539-04, 
Research Triangle Park, NC 27711, telephone (919) 541-1087, e-mail at 
[email protected]. For questions regarding the EPA Region 1, please 
contact Robert McConnell, U.S. EPA, telephone (617) 918-1046, e-mail at 
[email protected]. For questions regarding the EPA Region 2, 
please contact Mazeeda Khan, U.S. EPA, telephone (212) 637-3715, email 
at [email protected]. For questions regarding the EPA Region 3, 
please contact Melissa Linden, U.S. EPA, telephone (215) 814-2096, e-
mail at [email protected]. For questions regarding the EPA Region 
4, please contact Lynorae Benjamin, U.S. EPA, telephone (404) 562-9040, 
e-mail at [email protected]. For questions regarding the EPA 
Region 5, please contact Andy Chang, U.S. EPA, telephone (312) 886-
0258, e-mail at [email protected]. For questions regarding the EPA 
Region 6, please contact Guy Donaldson, U.S. EPA, telephone (214) 665-
7242, e-mail at [email protected]. For questions regarding the EPA 
Region 7, please contact Stephanie Doolan, U.S. EPA, telephone (913) 
551-7719, e-mail at [email protected]. For questions regarding 
the EPA Region 8, please contact Kevin Leone, U.S. EPA, telephone (303) 
312-6227, e-mail at [email protected]. For questions regarding the 
EPA Region 9, please contact Ginger Vagenas, U.S. EPA, telephone (415) 
972-3964, e-mail at [email protected]. For questions regarding the 
EPA Region 10, please contact Steve Body, U.S. EPA, telephone (206) 
553-0782, e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Purpose

    The purpose of this notice is to solicit public comments from 
interested parties other than states and tribes on the EPA's recent 
responses to the State and tribal designation recommendations for the 
2008 Pb NAAQS. These responses can be found on the EPA's Internet Web 
site at http://www.epa.gov/leaddesignations and also in the public 
docket for Pb designations at Docket ID No. EPA-HQ-OAR-2009-0443. Clean 
Air Act (CAA) section 107(d) provides a process for designations that 
involves recommendations by states and tribes to the EPA and responses 
from the EPA to those parties, prior to the EPA promulgating final 
designations and boundaries. The EPA is not required under CAA section 
107(d) to seek public comment during the designation process, but is 
electing to do so for the 2008 Pb NAAQS in order to gather additional 
information for the EPA to consider before making final designations. 
The EPA invites public comment on its responses to states and tribes 
during the 30-day comment period provided in this notice. Due to the 
statutory timeframe for promulgating designations set out in CAA 
section 107(d), the EPA will not be able to consider any comments 
submitted after July 21, 2011. This notice and opportunity for public 
comment does not affect any rights or obligations of any state, tribe 
or the EPA which might otherwise exist pursuant to CAA section 107(d).
    Please refer to the ADDRESSES section in this document for specific 
instructions on submitting comments and locating relevant public 
documents.
    As required under CAA section 107(d), the EPA has identified five 
areas as not meeting the 2008 Pb NAAQS and will be designating these 
areas as nonattainment. The EPA is proposing that all other areas be 
designated as unclassifiable/attainment. In establishing nonattainment 
area boundaries, the EPA is required to include any nearby area that is 
contributing to the area that does not meet that standard. We are 
particularly interested in receiving comments, supported by relevant 
information, if you believe that a specific geographic area that the 
EPA is proposing to identify as a nonattainment area should not be 
categorized by the CAA section 107(d) criteria as nonattainment, or if 
you believe that a specific area not proposed by the EPA to be 
identified as a nonattainment area should in fact be categorized as 
nonattainment using the CAA section 107(d) criteria. Please be as 
specific as possible in supporting your views.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible.
     Make sure to submit your comments by the comment period 
deadline identified.

II. Instructions for Submitting Public Comments

A. What should I consider as I prepare my comments for the EPA?

1. Submitting Confidential Business Information.
    Do not submit this information to the EPA through http://www.regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be confidential business information. For 
confidential business information in a disk or CD-ROM that you mail to 
the EPA, mark the outside of the disk or CD-ROM as confidential 
business information and then identify electronically within the disk 
or CD-ROM the specific information that is claimed as confidential 
business information. In addition to one complete version of the 
comment that includes information claimed as confidential business 
information, a copy of the comment that does not contain the 
information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2. Send or deliver 
information identified as CBI only to the following address: Roberto 
Morales, U.S. EPA, Office of Air Quality Planning and Standards, Mail 
Code C404-02, Research Triangle Park, NC 27711, telephone (919) 541-
0880, e-mail at [email protected], Attention Docket ID No. OAR-
2009-0443.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.

III. Background

    On October 15, 2008, the EPA substantially strengthened the primary 
NAAQS for Pb to provide increased protection against adverse health 
effects associated with exposure to Pb in at-risk groups, especially 
children. The revised primary NAAQS was lowered from the 1.5 micrograms 
per cubic meter ([mu]g/m\3\)

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level set in 1978, to a level of 0.15 [mu]g/m\3\. To provide increased 
protection against Pb-related welfare effects, the EPA revised the 
secondary NAAQS to be identical in all respects to the revised primary 
NAAQS. The EPA also established new criteria for siting ambient Pb 
monitors and new data collection requirements. The EPA determined that 
the pre-existing ambient Pb monitoring network was inadequate for 
determining whether many areas are meeting the revised Pb NAAQS. 
Monitors meeting the new network siting requirements were to begin 
operation January 1, 2010.
    The process for designating areas following promulgation of a new 
or revised NAAQS is contained in CAA section 107(d) (42 U.S.C. 7407).
    The CAA requires the EPA to complete the initial designation 
process within 2 years of promulgating a new or revised NAAQS. If the 
Administrator has insufficient information to make these designations, 
the EPA has the authority to extend the designation process by up to 1 
year. In light of the new monitoring network, the EPA is completing the 
Pb designations in two rounds. In the first round, published on 
November 16, 2010, the EPA designated as ``nonattainment'' 16 areas as 
violating the 2008 Pb NAAQS based on data from the pre-2010 monitoring 
network. For all other areas, the EPA extended the deadline for 
designations by up to 1 year so that data from the newly deployed 
monitors can be considered in making appropriate designation decisions. 
States previously submitted air quality recommendations including 
appropriate boundaries within 1 year of promulgation of the NAAQS 
(tribes are not required to submit recommendations, but the EPA 
encourages their participation in the designations process), as 
required by the CAA. They were given an opportunity to update their 
recommendation letters for those remaining areas for our consideration 
in the second round of designations by December 15, 2010. By no later 
than 120 days prior to promulgating designations, the EPA is required 
to notify states or tribes of any intended modification to an area 
designation or boundary recommendation that the EPA deems necessary. On 
or about June 15, 2011, the EPA notified states and tribes of its 
intended area designations for the 2008 Pb NAAQS. States and tribes now 
have an opportunity to demonstrate why they believe a modification 
proposed by the EPA may be inappropriate. In these responses, the EPA 
has encouraged states and tribes to provide comments and additional 
information for consideration by the EPA in finalizing designations. 
The EPA intends to make final designation determinations for the 2008 
Pb NAAQS by October 14, 2011.

IV. Internet Web Site for Rulemaking Information

    The EPA has also established a Web site for this rulemaking at 
http://www.epa.gov/leaddesignations. The Web site includes the EPA's 
State and tribal designation recommendations, information supporting 
the EPA's preliminary designation decisions, as well as the rulemaking 
actions and other related information that the public may find useful.

    Dated: June 15, 2011.
Mary Eileen Henigin,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2011-15415 Filed 6-20-11; 8:45 am]
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