[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Rules and Regulations]
[Pages 66280-66283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26358]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2012-0779; FRL-9902-33-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio: Bellefontaine; Determination of Attainment for the 2008 Lead 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On April 19, 2013, the Ohio Environmental Protection Agency 
(Ohio EPA), submitted a request to EPA to make a determination under 
the Clean Air Act (CAA) that the Bellefontaine nonattainment area has 
attained the 2008 lead (Pb) national ambient air quality standards 
(NAAQS or standard). In this action, EPA is determining that the 
Bellefontaine nonattainment area (hereafter also referred to as the 
``Bellefontaine area'' or ``area'') has attained the 2008 Pb NAAQS. 
This determination of attainment is based upon complete, quality-
assured and certified ambient air monitoring data for the 2010-2012 
design period showing that the area has monitored attainment of the 
2008 Pb NAAQS. Additionally, as a result of this determination, EPA is 
suspending 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 as long 
as the area continues to attain the 2008 Pb NAAQS.

DATES: This direct final rule will be effective January 6, 2014, unless 
EPA receives adverse comments by December 5, 2013. 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-2012-0779, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted during the Regional Office normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information. The Regional Office official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0779. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Sarah Arra, Environmental Scientist, at 
(312) 886-9401 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-9401, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What actions is EPA taking?
II. What is the background for these actions?
III. Application of EPA's Clean Data Policy to the 2008 Pb NAAQS
IV. Does the Bellefontaine area meet the 2008 Pb NAAQS?
    A. Criteria
    B. Daido Facility Monitor
    C. Bellefontaine Area Air Quality
V. What is the effect of these actions?
VI. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is taking final action to determine that the Bellefontaine area 
(comprised of the portions of Logan County that are bounded by: 
Sections 27, 28, 33, and 34 of Lake Township) has attained the 2008 Pb 
NAAQS. This

[[Page 66281]]

is based upon complete, quality-assured and certified ambient air 
monitoring data for the 2010-2012 monitoring period showing that the 
area has monitored attainment of the 2008 Pb NAAQS.
    Further, with the finalization of this determination of attainment, 
the requirements for the Bellefontaine area to submit an attainment 
demonstration together with RACM, a RFP plan, and contingency measures 
for failure to meet RFP and attainment deadlines would be suspended for 
as long as the area continues to attain the 2008 Pb NAAQS. As discussed 
below, this action is consistent with EPA's regulations and with its 
longstanding interpretation of subpart 1 of part D of the CAA.
    If the area violates the 2008 Pb NAAQS after this action, the basis 
for the suspension of these attainment planning requirements would no 
longer exist for the Bellefontaine area, and the area would thereafter 
have to address such requirements.

II. What is the background for these actions?

    On November 12, 2008 (73 FR 66964), EPA established a 2008 primary 
and secondary Pb NAAQS at 0.15 micrograms per cubic meter ([mu]g/m\3\) 
based on a maximum arithmetic 3-month mean concentration for a 3-year 
period. See 40 CFR 50.16. On November 22, 2010 (75 FR 71033), EPA 
published its initial air quality designations and classifications for 
the 2008 Pb NAAQS based upon air quality monitoring data from those 
monitors for calendar years 2007-2009. These designations became 
effective on December 31, 2010.\1\ The Bellefontaine area was 
designated nonattainment for the 2008 Pb NAAQS. See 40 CFR 81.343.
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    \1\ EPA completed a second and final round of designations for 
the 2008 Lead NAAQS on November 22, 2011. See 76 FR 72097. No 
additional areas in Ohio were designated as nonattainment for the 
2008 Lead NAAQS.
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    On April 19, 2013, the Ohio EPA, submitted a request to EPA to make 
a determination that the Bellefontaine area has attained the 2008 Pb 
NAAQS based on complete, quality-assured, quality-controlled monitoring 
data from 2010 through 2012.

III. Application of EPA's Clean Data Policy to the 2008 Pb NAAQS

    Following enactment of the CAA Amendments of 1990, EPA promulgated 
its interpretation of the requirements for implementing the NAAQS in 
the General Preamble for the Implementation of Title I of the CAA 
Amendments of 1990 (General Preamble) 57 FR 13498, 13564 (April 16, 
1992). In 1995, based on the interpretation of CAA sections 171 and 
172, and section 182 in the General Preamble, EPA set forth what has 
become known as its ``Clean Data Policy'' for the 1-hour ozone NAAQS. 
See Memorandum from John S. Seitz, Director, Office of Air Quality 
Planning and Standards, ``RFP, Attainment Demonstration, and Related 
Requirements for Ozone Nonattainment areas Meeting the Ozone National 
Ambient Air Quality Standard'' (May 10, 1995). In 2004, EPA indicated 
its intention to extend the Clean Data Policy to the (fine 
particulates) PM2.5 NAAQS. See Memorandum from Steve Page, 
Director, EPA Office of Air Quality Planning and Standards, ``Clean 
Data Policy for the Fine Particle National Ambient Air Quality 
Standards'' (December 14, 2004).
    Since 1995, EPA has applied its interpretation under the Clean Data 
Policy in many rulemakings, suspending certain attainment-related 
planning requirements for individual areas, based on a determination of 
attainment. EPA recently applied this policy to the 2008 Pb NAAQS for 
the Bristol, Tennessee nonattainment area (77 FR 52232). For a full 
discussion on EPA's application of this policy, see section III of the 
Bristol, Tennessee Determination of Attainment for the 2008 Pb 
Standards (77 FR 35653).

IV. Does the Bellefontaine area meet the 2008 Pb NAAQS?

A. Criteria

    Today's rulemaking assesses whether the Bellefontaine area has 
attained the 2008 Pb NAAQS, based on the most recent three years of 
quality-assured data. The Bellefontaine area comprises the portion of 
Logan County bounded by sections 27, 28, 33, and 34 of Lake Township, 
which surrounds the Daido Facility. The Daido Facility manufactured 
metal parts for automobiles.
    Under EPA regulations at 40 CFR 50.16, the 2008 primary and 
secondary Pb standards are met when the maximum arithmetic 3-month mean 
concentration for a 3-year period, as determined in accordance with 40 
CFR part 50, appendix R, is less than or equal to 0.15 [micro]g/m\3\ at 
all relevant monitoring sites in the subject area.
    EPA has reviewed the ambient air monitoring data for the 
Bellefontaine area in accordance with the provisions of 40 CFR part 50, 
appendix R. All data considered are complete, quality-assured, 
certified, and recorded in EPA's Air Quality System (AQS) database. 
This review addresses air quality data collected in the 2010-2012 
period which are the most recent quality-assured data available.

B. Daido Facility Monitor

    40 CFR Part 58, appendix D, Section 4.5, states that ``At a 
minimum, there must be one source-oriented State and Local Air 
Monitoring Station site located to measure the maximum Pb concentration 
in ambient air resulting from each non-airport Pb source which emits 
0.50 or more tons per year . . .'' In June of 2009, operation of the 
Daido Facility permanently shut down. A contractor for the Daido 
Facility ran a Pb monitor at site 39-091-0006 through 2009. The Ohio 
EPA took responsibility for the site on January 1, 2010. During the 
last two months of the site being operated by the industry contractor, 
November and December of 2009, data were not collected.
    This absence of data for November and December of 2009 raised a 
potential question about whether sufficient data are available to 
determine that the Bellefontaine area is attaining the Pb standard. For 
sites that began operation many years ago, EPA would examine air 
quality for the most recent 36 3-calendar month periods, which for 
2010-2012 would include 3-month averages based in part on data for 
November and December 2009. On the other hand, according to 40 CFR Part 
50, appendix R Section 4(a), ``For sites that begin monitoring Pb after 
[January 12, 2009] but before January 15, 2010 (or January 15, 2011), a 
2010-2012 (or 2011-2013) Pb design value that meets the NAAQS will be 
considered valid if it encompasses at least 34 consecutive valid 3-
month means (specifically encompassing only the 3-year calendar 
period).''
    For the Bellefontaine area, EPA believes it is appropriate to 
consider site 39-091-0006 a new site as of January 1, 2010. The 
contractor that was responsible for the operation of this site through 
the end of 2009, failed to operate the monitor after October 2009. On 
January 1, 2010, the Ohio EPA Southwest District Office began operation 
of a new monitor at the site. Ohio EPA demonstrated that the changes to 
the monitoring network were appropriate and the data is valid for 
attainment determinations. EPA finds it appropriate to consider this a 
new site as of January 1, 2010, such that attainment may be judged 
based on 34 consecutive valid 3-month averages. For the information 
leading EPA to this conclusion, see the October 2013 Technical Support 
Document available in the docket for this rulemaking.

[[Page 66282]]

C. Bellefontaine Area Air Quality

    The 39-091-0006 site is a Federal reference method (FRM) source-
oriented monitor which meets the quality assurance requirements of 40 
CFR part 58, appendix A. The three-month rolling averages at this site 
have not exceeded the standard since 2007. After the permanent shutdown 
of the Daido Facility in June of 2009, the Pb values have been well 
below the standard.
    Table 1 shows the 2010-2012 three-month rolling averages for the 
Bellefontaine area.

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             Location                 AQS site ID       3-month period         2010         2011         2012
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Richard Ave.--Daido Facility           39-091-0006  Nov-Jan..............  ...........         .004         .003
 Bellefontaine.                     ..............  Dec-Feb..............  ...........         .003         .003
                                                    Jan-Mar..............         .006         .004         .003
                                                    Feb-Apr..............         .006         .003         .003
                                                    Mar-May..............         .006         .003         .003
                                                    Apr-Jun..............         .004         .003         .003
                                                    May-July.............         .004         .003         .004
                                                    Jun-Aug..............         .004         .003         .003
                                                    July-Sept............         .004         .003         .003
                                                    Aug-Oct..............         .004         .005         .003
                                                    Sept-Nov.............         .004         .005         .003
                                                    Oct-Dec..............         .004         .004         .003
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    The data shown in Table 1 are complete, quality-assured, and 
certified. Data in February and March of 2012 were not 75 percent 
complete, but were more than 50 percent complete making them eligible 
for the ``below NAAQS level test'' in 40 CFR Part 50, appendix R 
(4)(c)(ii)(B). Ohio accurately applied this test and the data were 
sufficient to be considered complete.
    The Daido Facility's NEI emissions in 2005 were 0.121 tons per year 
(tpy), more than half of the lead emissions in the county. The next 
three largest contributors in the county have emissions of 0.035 tpy, 
0.0075 tpy, and 0.0075 tpy. Production at the Daido Facility started to 
decrease in 2008 as the automobile industry declined, and the ambient 
air Pb levels reflect this. Concurrent with the shutdown of the largest 
source, the ambient air lead values have been cut by more than half.
    EPA's review of these data indicates that the Bellefontaine area 
has attained and continues to attain the 2008 Pb NAAQS, with a design 
value of 0.006 [micro]g/m\3\ for the period of 2010-2012.

V. What is the effect of these actions?

    EPA is determining that the Bellefontaine area has attained the 
2008 Pb NAAQS, based on complete, quality-assured and certified data 
for 2010-2012. Also, the requirements for the Ohio EPA to submit an 
attainment demonstration and associated RACM, a RFP plan, contingency 
measures, and any other planning SIPs related to attainment of the 2008 
Pb NAAQS for the Bellefontaine area are suspended for so long as the 
area continues to attain the 2008 Pb NAAQS. EPA rulemaking is 
consistent and in keeping with its long-held interpretation of CAA 
requirements, as well as with EPA's regulations for similar 
determinations for ozone (see 40 CFR 51.918) and PM2.5 (see 
40 CFR 51.1004(c)).
    This action does not constitute a redesignation of the area to 
attainment of the 2008 Pb NAAQS under section 107(d)(3) of the CAA. 
This action does not involve approving a maintenance plan for the area 
as required under section 175A of the CAA, nor does it find that the 
area has met all other requirements for redesignation. The 
Bellefontaine area remains designated nonattainment for the 2008 Pb 
NAAQS until such time as EPA determines that the area meets the CAA 
requirements for redesignation to attainment and takes action to 
redesignate the area.
    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 January 6, 2014 
without further notice unless we receive relevant adverse written 
comments by December 5, 2013. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective 
January 6, 2014.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);

[[Page 66283]]

     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 6, 2014. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Reporting and 
recordkeeping requirements.

    Dated: October 21, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. Section 52.1892 is amended by adding paragraph (e) to read as 
follows:


Sec.  52.1892  Determination of attainment.

* * * * *
    (e) Based upon EPA's review of the air quality data for the 3-year 
period 2010 to 2012, EPA determined that the Bellefontaine, OH lead 
nonattainment areas attained the 2008 Lead National Ambient Air Quality 
Standard (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 lead NAAQS.

[FR Doc. 2013-26358 Filed 11-4-13; 8:45 am]
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