[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24871-24878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10968]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2016-0395; FRL-9963-01-Region 5]


Air Plan Approval; Ohio; Redesignation of the Cleveland Area to 
Attainment of the 2008 Lead Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On June 29, 2016, the Ohio Environmental Protection Agency 
(OEPA) submitted a request for the Environmental Protection Agency 
(EPA) to redesignate the partial Cuyahoga County nonattainment area 
(known as and referred to as the Cleveland area) to attainment for the 
2008 national ambient air quality standards (NAAQS or standards) for 
lead. EPA finds that the Cleveland area meets the requirements for 
redesignation and is also approving several additional related actions. 
EPA is approving, as revisions to the Ohio state implementation plan 
(SIP), reasonably available control measure/reasonably available 
control technology (RACM/RACT) requirements, emissions inventory 
requirements, and the state's plan for maintaining the 2008 lead NAAQS 
through 2030 for the area. EPA is taking these actions in accordance 
with the Clean Air Act (CAA) and EPA's implementation regulations 
regarding the 2008 lead NAAQS.

DATES: This direct final rule will be effective July 31, 2017, unless 
EPA receives adverse comments by June 30, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0395 at http://www.regulations.gov or via email to 
[email protected]. 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: Carolyn Persoon, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8290, [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 action is EPA taking?
II. Why is EPA concerned about lead?
III. What is the background for these actions?
IV. What are the criteria for redesignation to attainment?
V. What is EPA's analysis of the state's request?
VI. What are the effects of EPA's actions?
VII. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is taking several actions related to the redesignation of the 
Cleveland area to attainment for the 2008 lead NAAQS. EPA is approving 
Ohio's lead maintenance plan for the Cleveland area as a revision to 
the Ohio SIP. EPA is also approving RACM/RACT that satisfies 172(c)(1) 
requirements and is approving the 2013 lead base year emission 
inventories, which satisfy the requirement in section 172(c)(3) for a 
current, accurate and comprehensive emission inventory.

[[Page 24872]]

    EPA finds that Ohio meets the requirements for redesignation of the 
Cleveland area to attainment of the 2008 lead NAAQS under section 
107(d)(3)(E) of the CAA. EPA is thus granting Ohio's request to change 
the designation of the Cleveland area from nonattainment to attainment 
for the 2008 lead NAAQS. EPA's analysis for these actions are discussed 
in Section V. of today's rulemaking.

II. Why is EPA concerned about lead?

    Lead is a metal found naturally in the environment as well as in 
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 IQ. Today the 
highest levels of lead in the air are usually found near lead smelters. 
In Cleveland, the Ferro facility was the primary source of lead in the 
area. The primary manufacturing process employing lead at the facility 
is the production of frit. Frits compounds are used for glazing 
surfaces such as porcelain, ceramic, enamel and glass. The lead raw 
material used at the Ferro facility is used primarily in leaded glass 
production.

III. What is the background for these actions?

    On November 12, 2008 (73 FR 66964), EPA revised the 1978 NAAQS and 
established the 2008 primary and secondary lead NAAQS from 1.5 
micrograms per cubic meter ([mu]g/m\3\) to 0.15 [mu]g/m\3\ based on a 
maximum arithmetic three-month mean concentration for a three-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 lead NAAQS based upon air quality monitoring data for calendar 
years 2007-2009. These designations became effective on December 31, 
2010.\1\ The Cleveland area was designated nonattainment for the 2008 
lead NAAQS. See 40 CFR 81.336. OEPA submitted its redesignation request 
to EPA on June 29, 2016.
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    \1\ EPA completed a second round of designations for the 2008 
lead NAAQS on November 22, 2011, see 76 FR 72097, and designated one 
additional area on September 3, 2014. See 79 FR 52205. No additional 
areas in Ohio were designated as nonattainment for the 2008 lead 
NAAQS after the initial round of designations.
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IV. What are the criteria for redesignation to attainment?

    The CAA sets forth the requirements for redesignating a 
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of 
the CAA allows for redesignation provided that: (1) The Administrator 
determines that the area has attained the applicable NAAQS based on 
current air quality data; (2) the Administrator has fully approved an 
applicable SIP for the area under section 110(k) of the CAA; (3) the 
Administrator determines that the improvement in air quality is due to 
permanent and enforceable emission reductions resulting from 
implementation of the applicable SIP, Federal air pollution control 
regulations, or other permanent and enforceable emission reductions; 
(4) the Administrator has fully approved a maintenance plan for the 
area meeting the requirements of section 175A of the CAA; and (5) the 
state containing the area has met all requirements applicable to the 
area for purposes of redesignation under section 110 and part D of the 
CAA.

V. What is EPA's analysis of the state's request?

    EPA is approving the redesignation of the Cleveland area to 
attainment of the 2008 lead NAAQS and is also approving Ohio's 
maintenance plan, emissions inventory, and RACM for the area. The bases 
for these actions follow.

A. Attainment Determination and Redesignation the Area Has Attained the 
2008 Lead NAAQS (Section 107(d)(3)(E)(i))

    In a rulemaking on May 26, 2015, EPA determined that the Cleveland 
area was attaining the standard with a monitored air quality design 
value of 0.03 [micro]g/m\3\ for the period of 2010-2012, well below the 
standard of 0.15 [micro]g/m\3\. See 80 FR 29964.
    EPA today is reaffirming that the Cleveland, Ohio area is attaining 
the 2008 lead NAAQS based on the most current data with a design value 
equal to or less than 0.15 [micro]g/m\3\. This finding is based on 
complete, quality-assured and certified lead monitoring data for the 
2013-2015 period. The 2013-2015 design value for the area is 0.02 
[micro]g/m\3\ and preliminary 2014-2016 data indicate that the area is 
attaining with no violations. The monitoring data for the 3 years 
(2013-2015) can be found at https://www.epa.gov/air-trends.
1. 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 Cleveland area under 
section 110 of the CAA (general SIP requirements). In addition, with 
the exception of the emissions inventory under section 172(c)(3) and 
RACM/RACT requirements under 172(c)(1), all applicable planning 
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. As discussed below, in 
this action, EPA is approving Ohio's 2013 emissions inventory as 
meeting the section 172(c)(3) comprehensive emissions inventory 
requirement, as well as approving RACM provisions as meeting the 
172(c)(1) requirement. Thus, we are determining that the Ohio submittal 
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, we have 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.
a. Ohio Has Met All Applicable Requirements for Purposes of 
Redesignation of the Cleveland 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 include enforceable emission limitations and other control 
measures, means or techniques necessary to meet the requirements of the 
CAA; provide for establishment and operation of appropriate devices, 
methods, systems, and procedures necessary to monitor ambient air 
quality; 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; include provisions for the 
implementation of part C, Prevention of

[[Page 24873]]

Significant Deterioration (PSD) and part D, New Source Review (NSR) 
permit programs; include criteria for stationary source emission 
control measures, monitoring, and reporting; include provisions for air 
quality modeling; and 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, we believe 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 for 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).
    We have reviewed the Ohio SIP and determined that it meets the 
general SIP requirements under section 110 of the CAA to the extent 
they 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 made 
submittals addressing ``infrastructure SIP'' elements for the lead 
NAAQS required under CAA section 110(a)(2). EPA approved the lead 
infrastructure SIPs in 2014, however, as noted above, the requirements 
of section 110(a)(2) are statewide requirements that are not linked to 
the lead nonattainment status of the Cleveland area. Therefore, these 
SIP elements are not applicable requirements for purposes of review of 
the state's lead redesignation request.
ii. Part D Requirements
    EPA has determined that upon approval of the base year emissions 
inventory and RACM provisions discussed in this rulemaking, the Ohio 
SIP will meet the requirements applicable for purposes of redesignation 
under part D of the CAA for the Cleveland lead nonattainment area. 
Subpart 1 of part D sets forth the general 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 
requirements for purposes of evaluating redesignation requests when an 
area is attaining a standard. See 57 FR at 13564. EPA noted that the 
requirements for reasonable further progress 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 
Calcagni \2\ Memorandum.
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    \2\ September 4, 1992, Memorandum from John Calcagni, Director, 
Air Quality Management Division (EPA), entitled, ``Procedures for 
Processing Requests to Redesignate Areas to Attainment.''
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    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-and-comment 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 reasonable 
further progress (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 PM2.5 NAAQS. 
See e.g., 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. See, e.g., 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 Cleveland lead nonattainment 
area in 2015. 80 FR 29964 (May 26, 2015).
    EPA's long-standing interpretation regarding the applicability of 
section 172(c)'s attainment planning requirements for an area that is 
attaining a NAAQS applies in this redesignation of the Cleveland lead 
nonattainment area as well, with the exception of the applicability of 
the requirement to implement all RACM under section 172(c)(1). On July 
14, 2015, the United States Court of Appeals for the Sixth Circuit (6th 
Circuit) ruled that, in order 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). Because 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.\3\
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    \3\ Although 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 a 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. See also 81 FR 51102 (August 3, 2016).

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[[Page 24874]]

    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. As discussed in further detail below, EPA is 
today approving Ohio's RACM submission. Therefore, Ohio has met its 
requirements under CAA section 172(c)(1) and section 107(d)(3)(E)(v).
    As noted above, the remaining section 172(c) ``attainment 
planning'' requirements are not applicable for purposes of evaluating 
the state's redesignation request. Specifically, the reasonable further 
progress (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 section 172(c)(6)'s 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 Cleveland 
area has monitored attainment of the 2008 lead NAAQS. As noted above, 
EPA issued a determination of attainment (or clean data determination) 
for the Cleveland 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 a 2013 base year emissions inventory along with their 
redesignation request on June 29, 2016, and requested that the 2013 
inventories be used as the most accurate and current inventory. As 
discussed below in section IV.B., EPA is approving the 2013 base year 
inventory as meeting the section 172(c)(3) emissions inventory 
requirement for the Cleveland 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 on January 10, 2003 (68 FR 1366). In addition, the state's 
maintenance plan does not rely nonattainment NSR, therefore having a 
fully approved NSR program is not an applicable requirement, but that, 
nonetheless, we have approved the state's program.\4\
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    \4\ A 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.''
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    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, we find that the Ohio 
SIP meets the section 110(a)(2) applicable requirements for purposes of 
redesignation.
(2) Section 176 Conformity Requirements
    Section 176(c) of the CAA 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). In light 
of the elimination of lead additives in gasoline, transportation 
conformity does not apply to the lead NAAQS. See 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 the Cleveland lead area, EPA will 
have fully approved the Ohio SIP for the Cleveland 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 
Calcagni Memorandum at 3); 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, e.g., 68 FR 25413 (May 
12, 2003) (approving I/M program for St. Louis) and 68 FR 25426 (May 
12, 2003) (approving redesignation relying in part on I/M program 
approval). As discussed in the prior section, Ohio has adopted and 
submitted, and EPA has fully approved, a number of required SIP 
provisions addressing the 2008 lead standards. Of the CAA requirements 
applicable to this redesignation request, only two remain--the 
emissions inventory requirement of section 172(c)(3) and the RACM 
requirement of section 172(c)(1).
    In today's action, EPA is approving Ohio's 2013 emissions 
inventories for the Cleveland 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 Cleveland area SIP provisions are 
currently disapproved, conditionally approved, or partially approved. 
Therefore, the Administrator has fully approved the applicable 
requirements for the Cleveland area under section 110(k) in accordance 
with section 107(d)(3)(E)(ii).
2. 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))
    EPA believes that Ohio has demonstrated that the observed air 
quality improvement in the Cleveland area is due to permanent and 
enforceable reductions in emissions at the Ferro facility. An analysis 
performed by Ohio identified malfunctions and poor maintenance of 
Ferro's bag houses (dust collectors) as the primary cause of violations 
in 2010. The bag houses, which have a normal efficiency of 99%, capture 
a majority of the lead emissions from the facility. Ohio required 
Ferro, as part of the permanent and enforceable permit to install, to 
decrease emission limits for lead and create a preventative maintenance 
plan (PMP) to maintain the bag house controls at maximum efficiency. 
The lower emission limits and PMP at Ferro resulted in monitored values 
well below the standard. Emissions went down 48% from 0.00605 tons per 
year (tpy) in nonattainment year 2010, to 0.00071 tpy in 2013 after the 
new emission limits and PMP were implemented (See Table 1). Both the 
PMP and the emission limit changes are permanent and enforceable 
through the facility's updated permit to install. In addition to the 
permit to install, EPA is also approving these

[[Page 24875]]

measures into the SIP as providing maintenance and as being measures 
that meet the RACM requirement.
3. Ohio's Maintenance Plan Pursuant to Section 175A of the CAA (Section 
107(d)(3)(E)(iv))
    In conjunction with Ohio's request to redesignate the Cleveland 
nonattainment area to attainment status, Ohio has submitted 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?
    Section 175A of the CAA sets forth the required elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment. Under section 175A, the plan must demonstrate continued 
attainment of the applicable NAAQS for at least ten years after EPA 
approves a redesignation to attainment. Eight years after 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for ten 
years following the initial ten year maintenance period. 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 NAAQS 
violations.
    The September 4, 1992, 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 ten 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.
    As discussed in detail in the section below, the state's 
maintenance plan submission expressly documents that the area's 
emissions inventory and modeling show that the area will remain below 
the attainment year inventories through 2030, more than ten years after 
redesignation.
b. Attainment Inventory
    Ohio developed an emissions inventory for lead for 2013, one of the 
years in the period during which the Cleveland area monitored 
attainment of the 2008 lead standard. The attainment level of emissions 
is summarized in Table 1, along with future maintenance projections.
c. Demonstration of Maintenance
    Ohio submitted a revision to its lead SIP to include a maintenance 
plan for the Cleveland area, as required by section 175A of the CAA. 
Ohio's 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, and in addition 
that the area can show modeled attainment of the standard with the 
permitted and SIP approved emission limits. EPA is primarily relying on 
the emissions inventory comparison showing the decline in emissions 
between 2013 and 2030, but we note that the modeling conducted in 2010 
using the permitted emission limits (see docket) also supports the 
conclusion that they will model attainment in the future.
    As discussed in the section below, the state's maintenance plan 
submission expressly documents that the area's emissions inventories 
will remain below the attainment year inventories through 2030.
    Emissions from the Ferro facility's operations are calculated from 
the amount of lead oxide (tons) used during the facility's leaded glass 
operations. As shown in Table 1 as the 2010 baseline, the emissions 
were 0.00605 tons per year (tpy). Production at the Ferro facility is 
projected to go down slightly in the future based on current and 
historical trends in leaded glass demand, resulting in a projected 
decrease in lead emissions. EPA is also approving into the SIP, as part 
of the maintenance plan and as meeting RACM requirements, the emission 
limits and PMP provisions needed to attain and maintain the 2008 lead 
standard as outlined in Ohio's request and provided in the docket which 
includes a 0.3 tpy combined emissions limit for units P064 through P069 
as well as the base control devices and upgrades, in addition the 0.009 
tpy limit for P071 and all base control devices and upgrades for units 
P001, P071, P100, P101, and P951.
    In addition to projected emission reductions for the maintenance 
year of 2030, Ohio also conducted a modeling analysis to show that 
there would be no violation of the 2008 lead standard with the emission 
limits outlined in the permanent and enforceable limits and PMP that 
are now in place through the permit to install and what EPA is 
approving as provisions into the maintenance plan portion of Ohio's 
SIP.

       Table 1--Comparison of 2010, 2013, 2021, and 2030 Lead Emission Totals (tpy) for the Cleveland Area
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                                                                                   2030
 2010 Baseline (nonattainment year)   2013 (attainment)    2021 (interim)     (maintenance)      Safety margin
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0.006050............................          0.000705           0.000732           0.000511           0.000194
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d. Monitoring Network
    Ohio currently operates one lead monitor in the Cleveland, Ohio 
area. Ohio's maintenance plan includes a commitment to continue to 
operate its EPA-approved monitoring network to demonstrate ongoing 
compliance with the NAAQS.
e. Verification of Continued Attainment
    Ohio remains obligated to continue to quality-assure monitoring 
data and enter all data into the Air Quality System (AQS) in accordance 
with Federal guidelines. Ohio will use these data, supplemented with 
additional information as necessary, to assure that the area continues 
to attain the standard. Ohio will also continue to develop and submit 
periodic emission inventories as required by the Federal Consolidated 
Emissions Reporting Rule (67 FR 39602, June 10, 2002) to track future 
levels of emissions. Both of these actions will help to verify 
continued attainment 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. Section 175A of the CAA requires that a 
maintenance plan include such contingency measures as EPA deems 
necessary to assure that the state will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the contingency

[[Page 24876]]

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. See 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 [mu]g/m\3\ 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 [mu]g/m\3\. The action 
level response will require Ohio to work with the culpable entity 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.
    Currently, no new sources of lead are projected for the Cleveland 
area, so all control measures would be determined after an analysis of 
the situation, but could include control devices, secondary controls, 
or improved housekeeping and maintenance. Ohio commits to continue 
implementing SIP requirements upon and after redesignation.
    EPA believes that Ohio's contingency measures, as well as the 
commitment to continue implementing existing SIP requirements, satisfy 
the pertinent requirements of section 175A(d).
    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 Cleveland 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 Cleveland area as meeting the requirements of 
CAA section 175A.

B. Comprehensive Emissions Inventory

    As discussed above, section 172(c)(3) of the CAA requires areas to 
submit a comprehensive emissions inventory including all lead sources 
in the nonattainment area. EPA is approving the Ohio 2013 emissions 
inventory outlined in Table 1 for the Ferro facility as fulfilling this 
requirement (see docket for full emissions inventory). EPA believes 
that the emissions inventories are complete and accurate, and meet the 
requirement of CAA section 172(c)(3).

C. RACM Requirements

    As discussed above, section 172(c)(1), as interpreted by the 6th 
Circuit decision, requires areas to have an approved RACM/RACT 
provision in order to be redesignated. EPA is approving the existing 
controls and maintenance provisions for the Ferro facility as 
fulfilling this requirement, including the 0.3 tpy combined emissions 
limit for units P064 through P069 as well as the base control devices 
and upgrades, in addition the 0.009 tpy limit for P071 and all base 
control devices and upgrades for units P001, P071, P100, P101, and 
P951. The current controls and PMP have brought the area into 
attainment and constitute RACM, and meets the requirement of CAA 
section 172(c)(1).

VI. What are the effects of EPA's actions?

    Approval of this redesignation request changes the official 
designation of the Cleveland, Ohio area for the 2008 lead NAAQS, found 
at 40 CFR part 81, from nonattainment to attainment. This action also 
approves as revisions to the Ohio SIP for the Cleveland area, the 
maintenance plan for the 2008 lead standard, Ohio's 2013 emissions 
inventory for the Cleveland area satisfies the requirement of section 
172(c)(3), and approves that the existing limits and PMP in the 
construction permit satisfies the RACM/RACT 172(c)(1) requirement.
    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 July 31, 2017 
without further notice unless we receive relevant adverse written 
comments by June 30, 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. 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 July 
31, 2017.

VII. 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 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);

[[Page 24877]]

     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 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, 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, this rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because 
redesignation is an action that affects the status of a geographical 
area and does not impose any new regulatory requirements on tribes, 
impact any existing sources of air pollution on tribal lands, nor 
impair the maintenance of ozone national ambient air quality standards 
in tribal lands.
    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 July 31, 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: May 11, 2017.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
    40 CFR parts 52 and 81 are 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. In Sec.  52.1870 the table in paragraph (e) is amended by adding a 
new entry for ``Lead (2008)'' at the end of the section titled 
``Summary of Criteria Pollutant Maintenance Plan'' to read as follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (e) * * *

                         EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable
              Title                geographical or non-   State date        EPA approval           Comments
                                     attainment area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Summary of Criteria Pollutant Maintenance Plan
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Lead (2008)......................  Cleveland (partial        6/29/2016  5/31/2017, [insert   Includes approval
                                    Cuyahoga County).                    Federal Register     of the 2013 lead
                                                                         citation].           base year
                                                                                              emissions
                                                                                              inventory and
                                                                                              emission limits
                                                                                              and PMP as RACM
                                                                                              for the Ferro
                                                                                              facility.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.1893 is amended by adding paragraphs (c), (d), and (e) to 
read as follows:


Sec.  52.1893  Control strategy: Lead (Pb).

* * * * *
    (c) Ohio's 2013 lead emissions inventory for the Cleveland area as, 
as submitted on June 29, 2016, satisfying the emission inventory 
requirements of section 172(c)(3) of the Clean Air Act for the 
Cleveland area.
    (d) Approval--The 2008 lead maintenance plan for the Cleveland,

[[Page 24878]]

Ohio nonattainment area has been approved as submitted on June 29, 
2016.
    (e) EPA is approving the existing controls and maintenance 
provisions in the permit to install for the Ferro facility including 
the preventative maintenance plan, 0.3 tpy combined emissions limit for 
units P064 through P069 as well as the base control devices and 
upgrades, in addition the 0.009 tpy limit for P071 and all base control 
devices and upgrades for units P001, P071, P100, P101, and P951 as 
fulfilling the RACM/RACT 172(c)(1) requirement.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

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

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


0
5. Section 81.336 is amended by revising the entry for ``Cleveland, 
OH:'' in the table entitled ``Ohio--2008 Lead NAAQS'' to read as 
follows:


Sec.  81.336  Ohio.

* * * * *

                          Ohio--2008 Lead NAAQS
------------------------------------------------------------------------
                                    Designation for the 2008 NAAQS a
        Designated area        -----------------------------------------
                                      Date 1                Type
------------------------------------------------------------------------
 
                              * * * * * * *
Cleveland, OH:
    Cuyahoga County (part)....          5/31/2017  Attainment.
        The portions of
         Cuyahoga County that
         are bounded on the
         west by Washington
         Park Blvd./Crete Ave./
         East 49th St., on the
         east by East 71st
         St., on the north by
         Fleet Ave., and on
         the south by Grant
         Ave.
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ December 31, 2011, unless otherwise noted.

[FR Doc. 2017-10968 Filed 5-30-17; 8:45 am]
BILLING CODE 6560-50-P