[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Rules and Regulations]
[Pages 52232-52233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21246]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0323; FRL-9720-8]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; Tennessee: 
Bristol; Determination of Attaining Data for the 2008 Lead Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to determine that the Bristol 
nonattainment area (hereafter also referred to as the ``Bristol Area'' 
or ``Area'') has attained the 2008 lead NAAQS. On April 4, 2012, the 
State of Tennessee, through the Tennessee Department of Environment and 
Conservation, submitted a request to EPA to make a determination that 
the Bristol nonattainment area for the 2008 lead national ambient air 
quality standards (NAAQS or standard) has attained the 2008 lead NAAQS. 
This determination of attaining data is based upon complete, quality-
assured and certified ambient air monitoring data for the 2009-2011 
period showing that the Area has monitored attainment of the 2008 lead 
NAAQS. Additionally, as a result of this determination, EPA is taking 
final action to suspend the requirements for the Area to submit an 
attainment demonstration, together with reasonably available control 
measures (RACM), a reasonable further progress (RFP) plan, and 
contingency measures for failure to meet RFP and attainment deadlines 
for so long as the Area continues to attain the 2008 lead NAAQS.

DATES: Effective Date: This final rule is effective on September 28, 
2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R04-OAR-2012-0323. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, 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 publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy for public inspection during normal business hours at the 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.

FOR FURTHER INFORMATION CONTACT: Steve Scofield or Zuri Farngalo, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. 
Scofield may be reached by phone at (404) 562-9034 or via electronic 
mail at [email protected]. Mr. Farngalo may be reached by phone at 
(404) 562-9152 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?
II. What is the effect of this action?
III. What is EPA's final action?
IV. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is taking final action to determine that the Bristol Area 
(comprising the portion of Sullivan County bounded by a 1.25 kilometer 
radius surrounding the Universal Transverse Mercator (UTM) coordinates 
4042923 meters E, 386267 meters N, Zone 17, which surrounds the Exide 
Technologies Facility) has attaining data for the 2008 lead NAAQS. This 
clean data determination is based upon quality assured, quality 
controlled and certified ambient air monitoring data that shows the 
Area has monitored attainment of the 2008 lead NAAQS based on the 2009-
2011 data. While still preliminary, the available 2012 monitoring data 
also monitored attainment for the 2008 lead NAAQS.
    Other specific requirements of the clean data determination and the 
rationale for EPA's action are explained in the Notice of Proposed 
Rulemaking (NPR) published on June 14, 2012 (77 FR 35652) and will not 
be restated here. The comment period closed on July 16, 2012. No 
comments, adverse or otherwise, were received in response to the NPR.

II. What is the effect of this action?

    This final action suspends the requirements for this Area to submit 
an attainment demonstration, associated RACM, RFP plan, and contingency 
measures for failure to meet RFP and attainment deadlines so long as 
this Area continues to meet the 2008 lead NAAQS. Finalizing this action 
does not constitute a redesignation of the Bristol Area to attainment 
for the 2008 lead NAAQS under section 107(d)(3) of the Clean Air Act 
(CAA). Further, finalizing this action does not involve approving a 
maintenance plan for the Area as required under section 175A of the 
CAA, nor does it involve a determination that the Area has met all 
requirements for a redesignation.

III. What is EPA's final action?

    EPA is taking final action to determine that the Bristol Area has 
attaining data for the 2008 lead NAAQS. This clean data determination 
is based upon quality assured, quality controlled, and certified 
ambient air monitoring data showing that this Area has monitored 
attainment of the 2008 lead NAAQS during the period 2009-2011. This 
final action suspends the requirements for this Area to submit an 
attainment demonstration, associated RACM, RFP plans, and contingency 
measures for failure to meet RFP and attainment deadlines so long as 
this Area continues to meet the 2008 lead NAAQS. EPA is taking this 
final action because it is in accordance with the CAA and EPA policy 
and guidance.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations that Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
makes the determination based on air quality data, and suspends certain 
federal requirements. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility

[[Page 52233]]

Act (5 U.S.C. 601, et seq.). Because this rule makes a determination 
based on air quality data and suspends certain federal requirements, it 
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). This rule also does not have tribal 
implications because it will not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes, as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
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 (64 FR 43255, August 10, 1999), 
because it only proposes to make a determination based on air quality 
data and suspend certain federal requirements, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the CAA. This rule also is not subject to Executive 
Order 13045 ``Protection of Children from Environmental Health Risks 
and Safety Risks'' (62 FR 19885, April 23, 1997), because it proposes 
to determine that air quality in the affected area is meeting federal 
standards. The requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply 
because it would be inconsistent with applicable law for EPA, when 
determining the attainment status of an area, to use voluntary 
consensus standards in place of promulgated air quality standards and 
monitoring procedures that otherwise satisfy the provisions of the CAA. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et 
seq.). Under Executive Order 12898, EPA finds that this rule involves a 
proposed determination of attainment based on air quality data and will 
not have disproportionately high and adverse human health or 
environmental effects on any communities in the area, including 
minority and low-income.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 29, 2012. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action, pertaining to the determination of attaining data 
for the 2008 lead standard for the Bristol Area, may not be challenged 
later in proceedings to enforce its requirements. See section 
307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Lead, Reporting 
and recordkeeping requirements.

    Dated: August 13, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart RR--Tennessee

0
2. Amend Sec.  52.2236 by designating the existing undesignated 
paragraph as paragraph (a), and adding paragraph (b) to read as 
follows:


Sec.  52.2236  Control strategy; lead.

    (a) * * *
    (b) Determination of attaining data. EPA has determined the 
Bristol, Tennessee, nonattainment area has attaining data for the 2008 
lead (Pb) NAAQS. This clean data determination suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, a reasonable further 
progress plan, contingency measures, and other planning SIPs related to 
attainment of the standard for as long as this area continues to meet 
the 2008 Pb NAAQS.

[FR Doc. 2012-21246 Filed 8-28-12; 8:45 am]
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