[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Rules and Regulations]
[Pages 44210-44212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16002]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2012-0323; FRL-9948-68-Region 4]


Air Plan Approval and Air Quality Designation; TN; Redesignation 
of the Sullivan County Lead Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: On July 15, 2015, the State of Tennessee, through the 
Tennessee Department of Environment and Conservation (TDEC), submitted 
a request for the Environmental Protection Agency (EPA) to redesignate 
the Bristol, Tennessee 2008 lead nonattainment area (hereafter referred 
to as the ``Bristol Area'' or the ``Area'') to attainment for the 2008 
lead National Ambient Air Quality Standards (NAAQS) and an associated 
State Implementation Plan (SIP) revision containing a maintenance plan 
and a reasonably available control measures (RACM) determination for 
the Area. EPA is taking the following separate final actions related to 
the July 15, 2015, redesignation request and SIP revision: Determining 
that the Bristol Area is continuing to attain the 2008 lead NAAQS; 
approving and incorporating into the SIP the State's plan for 
maintaining attainment of the 2008 lead standard; approving and 
incorporating into the SIP the State's RACM determination; and 
redesignating the Bristol Area to attainment for the 2008 lead NAAQS.

DATES: This rule will be effective August 8, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0323. All documents in the docket 
are listed on the www.regulations.gov Web site. 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 publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman of the Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Lakeman may be reached by phone at (404) 562-9043 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 12, 2008, EPA promulgated a revised primary and 
secondary lead NAAQS of 0.15 micrograms per cubic meter ([mu]g/m\3\). 
See 73 FR 66964. Under EPA's regulations at 40 CFR part 50, the 2008 
lead NAAQS are met when the maximum arithmetic 3-month mean 
concentration for a 3-year period, as determined in accordance with 
appendix R of 40 CFR part 50, is less than or equal to 0.15 [mu]g/m\3\. 
See 40 CFR 50.16. Ambient air quality monitoring data for the 3-year 
period must meet a data completeness requirement.
    EPA designated the Bristol Area as a nonattainment area for the 
2008 lead NAAQS on November 22, 2010 (effective December 31, 2010), 
using 2007-2009 ambient air quality data. See 75 FR 71033. This 
established an attainment date five years after the December 31, 2010, 
effective date for the 2008 lead nonattainment designations pursuant to 
CAA section 172(a)(2)(A). Therefore, the Bristol Area's attainment date 
is December 31, 2015. EPA determined that Tennessee had attained the 
2008 lead NAAQS prior to the attainment date and issued a Clean Data 
Determination on August 29, 2012 (77 FR 52232).
    In a notice of proposed rulemaking (NPRM) published on April 26, 
2016 (81 FR 24536), EPA proposed to approve four separate but related 
actions: (1) To approve Tennessee's RACM determination for the Bristol 
Area pursuant to Clean Air Act (CAA or Act) section 172(c)(1) into the 
SIP; (2) to determine that the Area is continuing to attain the 2008 
lead NAAQS; (3) to approve Tennessee's maintenance plan for maintaining 
the 2008 lead NAAQS in the Area into the SIP; and (4) to

[[Page 44211]]

redesignate the Area. No comments were received on the April 26, 2016, 
proposed rulemaking. The details of Tennessee's submittal and the 
rationale for EPA's actions are further explained in the NPRM. See 81 
FR 24536 (April 26, 2016).

II. What are the effects of these actions?

    Approval of Tennessee's redesignation request changes the legal 
designation of the Bristol Area, found at 40 CFR 81.343, from 
nonattainment to attainment for the 2008 lead NAAQS. Approval of 
Tennessee's associated SIP revision also incorporates a plan into the 
SIP for maintaining the 2008 lead NAAQS in the Sullivan County (Bristol 
Area), Tennessee, through 2025 and a RACM determination for the Area.

III. Final Action

    EPA is taking a number of final actions regarding Tennessee's July 
15, 2015, request to redesignate the Bristol Area to attainment and 
associated SIP revision. First, EPA is determining that the State's 
Subpart 1 RACM determination for the Area meets the requirements of CAA 
section 172(c)(1) and incorporating this RACM determination into the 
SIP.
    Second, EPA is determining, based upon review of quality-assured 
and certified ambient monitoring data for the 2012-2014 period and upon 
review of preliminary data in Air Quality System for 2015, that the 
Area continues to attain the 2008 lead NAAQS following EPA's August 29, 
2012, determination of attainment.
    Third, EPA is approving the maintenance plan for the Area and 
incorporating it into the SIP.
    Fourth, EPA is approving Tennessee's request for redesignation of 
the Area from nonattainment to attainment for the 2008 lead NAAQS. As 
mentioned above, approval of the redesignation request changes the 
official designation of the Bristol Area from nonattainment to 
attainment for the 2008 lead NAAQS.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. See 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, these actions merely approve state law as meeting federal 
requirements and do not impose additional requirements beyond those 
imposed by State law. For that reason, these proposed actions:
     Are not significant regulatory actions 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);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Will not have disproportionate human health or 
environmental effects 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 as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
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 September 6, 2016. 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 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, Air pollution control.

    Dated: June 22, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.

    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.

Subpart RR--Tennessee

0
2. In Sec.  52.2220, the table in paragraph (e) is amended by adding 
the entry ``2008 Lead Maintenance Plan for the Bristol Area'' at the 
end of the table to read as follows:


Sec.  52.2220  Identification of plan.

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[[Page 44212]]

    (e) * * *

                                                    EPA-Approved Tennessee Non-Regulatory Provisions
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    Name of non-regulatory SIP      Applicable geographic       State
             provision              or nonattainment area  effective date             EPA approval date                         Explanation
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                                                                      * * * * * * *
2008 Lead Maintenance Plan for the  Bristol Area.........       7/10/2015  7/7/2016 [insert Federal Register
 Bristol Area.                                                              citation].
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

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

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

Subpart C--Section 107 Attainment Status Designations

0
4. In Sec.  81.343, the table entitled ``Tennessee--2008 Lead NAAQS'' 
is amended by revising the entry ``Bristol, TN:'' to read as follows:


Sec.  81.343  Tennessee.

* * * * *

                       Tennessee--2008 Lead NAAQS
------------------------------------------------------------------------
                                     Designation for the 2008 NAAQS \a\
          Designated area          -------------------------------------
                                       Date \1\             Type
------------------------------------------------------------------------
Bristol, TN:
Sullivan County (part)............        7/7/2016  Attainment
Area is bounded by a 1.25 km
 radius surrounding the UTM
 coordinates 4042923 meters E.,
 386267 meters N., Zone 17, which
 surrounds the Exide Technologies
 Facility.
 
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\a\ Includes Indian Country in each county or area, except as otherwise
  specified.
\1\ December 31, 2011 unless otherwise noted.

[FR Doc. 2016-16002 Filed 7-6-16; 8:45 am]
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