[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48442-48448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22495]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2017-0256; FRL-9969-67-Region 5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State of Ohio's request to revise the designation of, or 
``redesignate,'' the Fulton County nonattainment area (Fulton County) 
to attainment of the 2008 National Ambient Air Quality Standards (NAAQS 
or standard) for lead. EPA is also approving the maintenance plan and 
related elements of the redesignation. EPA is approving reasonably 
available control measure (RACM)/reasonably available control 
technology (RACT) measures and a comprehensive emissions inventory as 
meeting the Clean Air Act (CAA) requirements. EPA is taking these 
actions in accordance with the CAA and EPA's implementation regulations 
regarding the 2008 lead NAAQS.

DATES: This direct final rule will be effective December 18, 2017, 
unless EPA receives relevant adverse comments by November 17, 2017. 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-2017-0256 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: Matt Rau, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, [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. Why is EPA concerned about lead?
II. What is the background for these actions?
III. What are the criteria for redesignation to attainment?
IV. What is EPA's analysis of Ohio's request?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. Why is EPA concerned about lead?

    Lead is a metal found naturally in the environment and present in 
some 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 
intelligence quotient. The major sources of lead for air emissions have 
historically been from fuels used in on-road motor vehicles (such as 
cars and trucks) and industrial sources. As a result of EPA's 
regulatory efforts to remove lead from on-road motor vehicle gasoline, 
emissions of lead from the transportation sector declined by 95 percent 
between 1980 and 1999, and levels of lead in the air decreased by 94 
percent between 1980 and 1999.

II. What is the background for these actions?

    On November 12, 2008 (73 FR 66964), EPA established the 2008 
primary and secondary lead NAAQS at 0.15 micrograms per cubic meter 
([mu]g/m\3\) based on a maximum arithmetic three-month mean 
concentration for a three-year period. 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. A portion of Fulton 
County was designated as nonattainment for lead, specifically portions 
of Swan Creek and York Townships. 40 CFR 81.336.
    On April 27, 2017, Ohio requested EPA to designate the applicable 
Fulton County area as attainment of the lead NAAQS. Ohio documented 
that its request meets the redesignation criteria of CAA section 107.
    Ohio used the emissions inventory to find that there were no area, 
mobile, or nonroad sources of lead emissions that contributed to 
nonattainment. The Bunting Bearings LLC facility (Bunting) in the 
village of Delta is the only point source of lead emissions in the 
nonattainment area. Bunting manufactures continuous cast products in 
copper alloys, typically bronze, that contain lead. The lead component 
of the alloys is important as it allows for machining the bronze.

III. What are the criteria for redesignation to attainment?

    The requirements for redesignating an area from nonattainment to 
attainment are found in CAA section 107(d)(3)(E). There are five 
criteria for redesignating an area. First, the Administrator must 
determine that the area has attained the applicable NAAQS based on 
current air quality data. Second, the Administrator must have fully 
approved the applicable SIP for the area under CAA section 110(k). The 
third criterion is for the Administrator to determine that the air 
quality improvement is the result of permanent and enforceable emission 
reductions. Fourth, the Administrator must have fully approved a 
maintenance plan meeting the CAA section 175A requirements. The fifth 
criterion is that the state has met all of the applicable requirements 
of CAA section 110 and part D.

IV. What is EPA's analysis of Ohio's request?

A. Attainment Determination and Redesignation

1. The Area Has Attained the 2008 Lead NAAQS (Section 107(d)(3)(E)(i))
    On May 26, 2015, EPA determined that Fulton County has attained the 
2008 lead NAAQS. 80 FR 29964. EPA made its clean data determination 
based

[[Page 48443]]

upon complete, quality-assured and certified ambient air monitoring 
data for the 2012-2014 period. The Fulton County area attained the 2008 
lead NAAQS, with a design value of 0.09 [micro]g/m\3\ for 2012-2014, 
well below the 0.15 [micro]g/m\3\ standard.
    EPA has reviewed the current monitoring data for Fulton County, 
Ohio. The latest available monitoring data continue to show attainment 
of the 2008 lead NAAAQS. The 2014-2016 design value for the County is 
0.12 [micro]g/m\3\.
2. 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 Fulton County area 
under section 110 of the CAA (general SIP requirements). In addition, 
with the exceptions of the RACM/RACT requirements under section 
172(c)(1) and the emissions inventory under section 172(c)(3), all 
applicable 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. EPA is also 
approving Ohio's 2013 emissions inventory as meeting the section 
172(c)(3) comprehensive emissions inventory requirement as well as 
approving the RACM provisions as meeting the section 172(c)(1) 
requirement. Thus, we are determining that Ohio's submission 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, EPA has 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. Further discussion of EPA's review of Ohio's submittal 
regarding these criteria follows.
a. Ohio Has Met All Applicable Requirements for Purposes of 
Redesignation of the Fulton County 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: (1) Include enforceable emission limitations and other 
control measures, means or techniques necessary to meet the 
requirements of the CAA; (2) provide for establishment and operation of 
appropriate devices, methods, systems, and procedures necessary to 
monitor ambient air quality; (3) 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; (4) include 
provisions for the implementation of part C, Prevention of Significant 
Deterioration (PSD) and part D, New Source Review (NSR) permit 
programs; (5) include criteria for stationary source emission control 
measures, monitoring, and reporting; (6) include provisions for air 
quality modeling; and (7) 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, EPA believes 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 over a period of 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).
    EPA has reviewed the Ohio SIP and has determined that it meets the 
general SIP requirements under section 110 of the CAA to the extent the 
requirements 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 
submitted its infrastructure SIP elements for the 2008 lead NAAQS as 
required by CAA section 110(a)(2). EPA approved Ohio's infrastructure 
SIP requirements for the 2008 lead NAAQS on October 6, 2014. 79 FR 
60075. The requirements of section 110(a)(2) are statewide requirements 
that are not linked to the lead nonattainment status of the Fulton 
County area or Ohio's redesignation request.
ii. Part D Requirements
    EPA has determined that upon approval of the base year emissions 
inventories and RACM provisions discussed in this rulemaking, the Ohio 
SIP will meet the applicable SIP requirements for the Fulton County 
area applicable for purposes of redesignation under part D of the CAA. 
Subpart 1 of part D sets forth the basic 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

[[Page 48444]]

requirements for purposes of evaluating redesignation requests when an 
area is attaining a standard. 57 FR 13564. EPA noted that the 
requirements for reasonable further progress (RFP) 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 
September 4, 1992, Processing Requests to Redesignate Areas to 
Attainment: Policy Memorandum (Calcagni Memorandum).
    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 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 fine particulate matter NAAQS. 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. 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 Fulton County lead 
nonattainment area on May 26, 2015. 80 FR 29964.
    EPA's long-standing interpretation regarding the applicability of 
section 172(c) attainment planning requirements for an area that is 
attaining a NAAQS applies in this redesignation of the Fulton County 
lead nonattainment area as well, except for the applicability of the 
requirement to implement all reasonably available control measures 
under section 172(c)(1). On July 14, 2015, the United States Court of 
Appeals for the Sixth Circuit (6th Circuit) ruled that 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). As 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.\1\
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    \1\ 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 an applicable 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. 81 FR 51102 (August 3, 2016).
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    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. EPA is today approving Ohio's RACM 
submission. Therefore, Ohio has met its requirements under CAA sections 
172(c)(1) and 107(d)(3)(E)(v).
    The remaining section 172(c) ``attainment planning'' requirements 
are not applicable for purposes of evaluating Ohio's redesignation 
request. Specifically, the 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 the section 172(c)(6) 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 Fulton County area has monitored attainment of the 2008 
lead NAAQS. As noted, EPA issued a determination of attainment (or 
clean data determination) for the Fulton County 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 2008 and 2013 emission inventories with its 
redesignation request. The 2013 inventory can be used as the most 
accurate and current inventory. As discussed in section III.B., EPA is 
approving the 2013 base year inventory as meeting the section 172(c)(3) 
emissions inventory requirement for the Fulton County 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 January 10, 2003. 68 FR 1366. In addition, the state's 
maintenance plan does not rely on nonattainment NSR, therefore having a 
fully approved NSR program is not an applicable requirement, but, 
nonetheless, EPA has approved the state's program.\2\
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    \2\ 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)(6) requires the SIP to contain control measures 
necessary to provide for attainment of the standard. No additional 
measures are needed to provide for attainment because attainment has 
been reached.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). EPA has determined that the Ohio SIP 
meets the section 110(a)(2) applicable requirements for purposes of 
redesignation.
(2) Section 176 Conformity Requirements
    CAA section 176(c) 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). 
Considering the elimination of lead additives in gasoline, 
transportation conformity does not apply to the lead NAAQS. 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

[[Page 48445]]

the Fulton County lead area, EPA will have fully approved the Ohio SIP 
for the Fulton County 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 page 3 of the September 4, 1992, 
Processing Requests to Redesignate Areas to Attainment: Policy 
Memorandum (Calcagni memorandum)); 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 68 FR 25413 
(May 12, 2003) (approving I/M program for St. Louis) and 68 FR 25413, 
25426 (May 12, 2003). Ohio has adopted and submitted, and EPA has fully 
approved, required SIP provisions addressing the 2008 lead standards. 
Of the CAA requirements applicable to this redesignation request only 
two remain applicable, the emissions inventory requirement of section 
172(c)(3) and the RACM requirement of section 172(c)(1).
    EPA is approving Ohio's 2013 emissions inventories for the Fulton 
County 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 
SIP provisions are currently disapproved, conditionally approved, or 
partially approved in the Fulton County area under section 110(k) in 
accordance with section 107(d)(3)(E)(ii).
3. 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))
    To support the revision of an area's designation from nonattainment 
to attainment, CAA section 107(d)(3)(E)(iii) requires EPA to determine 
that the air quality improvement in the area is due to permanent and 
enforceable reductions in emissions. Permanent and enforceable emission 
reductions result from the implementation of the SIP and applicable 
Federal air pollution control regulations and other permanent and 
enforceable emission reductions.
    Bunting is the lone source of lead emissions in the Fulton County 
nonattainment area. Ohio implemented a preventative maintenance plan 
(PMP) for Bunting. The PMP specifies the required inspections to be 
performed, requires continuous operation of a fabric filter bag leak 
detection system, and specifies the correct actions Bunting is to take 
following an inspection suggesting a leak or an alarm of the leak 
detection system. The PMP was implemented to correct control equipment 
malfunctions and poor housekeeping that caused additional lead 
emissions from the Bunting facility. Ohio incorporated the PMP 
requirements into the Air Pollution Permits-to-install and operate 
P0121822, P0120836, and P0121942 issued to Bunting on February 28, 
2017. Those permits are permanent and Federally enforceable.
4. Ohio Has a Fully Approved Maintenance Plan Pursuant to Section 175A 
of the CAA (Section 107(d)(3)(E)(iv))
    In conjunction with its request to redesignate the Fulton County 
nonattainment area to attainment, Ohio requested 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?
    The required elements of a maintenance plan for areas seeking 
redesignation from nonattainment to attainment are contained in section 
175A of the CAA. Section 175A requires a state seeking redesignation to 
attainment to submit a SIP revision to provide for the maintenance of 
the NAAQS in the area ``for at least 10 years after the 
redesignation''. EPA has interpreted this as a showing of maintenance 
``for a period of ten years following redesignation''. Calcagni 
memorandum at 9. Eight years after redesignation, the state must submit 
a revised maintenance plan which demonstrates that attainment will 
continue to be maintained for the subsequent 10 years.
    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 violations.
    The 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 10 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.
    Ohio's maintenance plan shows that the Fulton County area's 
emissions will remain below the attainment year levels through 2030.
b. Attainment Inventory
    Ohio provided lead emissions inventories for the nonattainment year 
(2008), the attainment year (2013), an interim year (2021), and a 
future year (2030). The lead emissions in tons per year (TPY) for 
Fulton County, Ohio are listed in Table 1.

               Table 1--Fulton County, Ohio Lead Emissions
------------------------------------------------------------------------
 
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2008.............  0.0050 TPY................  nonattainment year.
2013.............  0.0035 TPY................  attainment year.
2021.............  0.00315 TPY...............  future year (interim).
2030.............  0.00284 TPY...............  future year
                                                (maintenance).
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c. Demonstration of Maintenance
    Ohio included a section 175(A) maintenance plan in its submission. 
In the plan, Ohio has provided both an emissions inventory and air 
dispersion modeling of the emission limits resulting from the PMP to 
demonstrate that the area is expected to maintain the standard into the 
future. Where the emissions inventory method of showing maintenance is 
used, its purpose is to show that emissions during the maintenance 
period will not increase over the attainment year inventory. Calcagni 
memorandum at 9-10. A maintenance demonstration need not be based on 
modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v. 
EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 FR 53094, 53099-53100 
(October 19, 2001), 68 FR 25413, 25430-25432 (May 12, 2003).
    The 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. In addition, the 
area can show modeled attainment of the NAAQS. The emissions inventory 
comparison showing the decline in emissions between 2013 and 2030 
indicates maintenance. The modeling Ohio conducted also supports the 
conclusion that the Fulton County area will maintain attainment into 
the future.
    A summary of the air dispersion modeling for Bunting was included 
in Ohio's submission. The modeling evaluated the PMP measures including 
the emission limits from Air Pollution Permits-to-install and operate 
P0108083, P0121822, P0120836, and P0121942. Ohio used the American 
Meteorology

[[Page 48446]]

Society/Environmental Protection Agency Regulatory Model, known as 
AERMOD. That analysis yielded a maximum impact of 0.12 [micro]g/m\3\, 
which is below the 2008 lead NAAQS of 0.15 [micro]g/m\3\. This modeling 
analysis is valid for the Fulton County redesignation because the 
Bunting control measures are responsible for the emission reductions 
that brought the area into attainment.
    Ohio's maintenance plan submission shows that the Fulton County 
area's lead emissions will remain below the attainment year inventories 
through 2030. See Table 1. The reductions in lead emissions in the 
Fulton County area result from the permanent and enforceable control 
measures for Bunting, the lone lead source in the area. Monitoring data 
show that the Fulton County area ambient lead concentrations have 
remained below the NAAQS since the PMP was applied to Bunting. Because 
of the control measures implemented, it is reasonable to expect the 
emissions to remain at a level that meets the standard. Thus, it is 
reasonable to expect the Fulton County area will continue to attain the 
2008 lead NAAQS through 2030. EPA has determined that Ohio's submission 
demonstrates that the area will continue to maintain the 2008 lead 
NAAQS at least through 2030. In addition, the air dispersion modeling 
indicates that with the permitted emission limitation implemented the 
Fulton County area ambient lead concentration will be below the 2008 
lead NAAQS. Based on the showing, in accordance with section 175A, that 
the Ohio's maintenance plan provides for maintenance for at least 10 
years after redesignation, EPA is approving the redesignation request 
and maintenance plans.
d. Monitoring Network
    Ohio has committed to monitor ambient lead levels in the Fulton 
County area during the maintenance period to confirm continued 
maintenance of the 2008 lead NAAQS, and to continue to operate an 
adequate monitoring network. EPA has determined that the Fulton County, 
Ohio area lead monitoring network is adequate to confirm maintenance.
e. Verification of Continued Attainment
    Ohio will also continue to enter its air monitoring data into the 
Air Quality System in accordance with Federal guidelines. It will also 
submit periodic emissions inventories to EPA as required by the Federal 
Consolidated Emissions Reporting Rule. 67 FR 39602, June 10, 2002. Both 
actions will help to verify continued attainment of the NAAQS 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. CAA section 175A requires that the 
maintenance plan include such contingency measures. The maintenance 
plan should identify the contingency 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. 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 [micro]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 [micro]g/
m\3\. The action level response will require Ohio to work with the 
entity found to be responsible for the ambient concentration 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.
    Should the 2008 lead NAAQS be violated during the maintenance 
period, Ohio will implement one or more contingency measures. The 
contingency measures will be considered based on the cause of the 
elevated lead levels. Potential measures include improvements to 
existing control devices, the addition of a secondary control device, 
and improvements to housekeeping and maintenance.
    EPA has determined that Ohio's maintenance plan adequately 
addresses the five basic components of a maintenance plan: Attainment 
inventory, maintenance demonstration, monitoring network, verification 
of continued attainment, and a contingency plan.
    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 Fulton County 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 Fulton County area as meeting the requirements 
of CAA section 175A.

B. Comprehensive Emissions Inventory

    Section 172(c)(3) of the CAA requires areas to submit a 
comprehensive, accurate, and current emissions inventory. Ohio provided 
such an inventory in its submission.
    Ohio identified Bunting as the lone source of lead emissions in the 
Fulton County nonattainment area. Thus, the emissions from Bunting 
represent the emissions of the Fulton County area. In 2013, the lead 
emissions were 0.0035 TPY. See Table 1.
    EPA approves the lead emissions inventories submitted by Ohio in 
April 2017 as fully meeting the comprehensive inventory requirement of 
section 172(c)(3) of the CAA for the Fulton County area for the 2008 
lead NAAQS.

C. RACM Requirements

    Based on the 6th Circuit decision discussed above, EPA requires 
areas in the jurisdiction of the 6th Circuit to have approved RACM/RACT 
provisions in order to be redesignated. Ohio performed a RACM analysis 
for Bunting. EPA is approving the existing controls and maintenance 
provisions for Bunting as fulfilling this requirement. Bunting has 
combined limits in Federally enforceable permits for the units 
controlled by each of its three baghouses. Baghouse A has a combined 
limit of 0.150 pound lead per hour (lb/hr) for the exhaust of units 
P006 to P011, P013, P020 to P025, P029 to P032, P035, and P036. 
Baghouse B has a combined limit of 0.150 lb/hr for units P014 to P019 
and P028. Baghouse C has a combined limit of 0.075 lb/hr for unit P005. 
The current controls and PMP have brought the area into attainment and 
constitute RACM, which meets the requirement of CAA section 172(c)(1).

V. What action is EPA taking?

    EPA has determined that the Fulton County area is attaining the 
2008 lead NAAQS and that the area has met the requirements for 
redesignation under

[[Page 48447]]

section 107(d)(3)(E) of the CAA. EPA is thus approving the request from 
Ohio to change the legal designation of the Fulton County area from 
nonattainment to attainment for the 2008 lead standard. EPA is 
approving Ohio's maintenance plan for the Fulton County area as a 
revision to the Ohio SIP because we have determined that the plan meets 
the requirements of section 175A of the CAA. EPA is approving the 
emission controls in Air Pollution Permits-to-install and operate 
P0108083, P0121822, P0120836, and P0121942 as meeting the RACM/RACT 
requirements of CAA section 172(c)(1). EPA is approving the 2013 
emissions inventory as meeting the comprehensive emissions inventory 
requirements of section 172(c)(3) of the CAA. EPA is taking these 
actions in accordance with the CAA and EPA's implementation regulations 
regarding the 2008 lead NAAQS.
    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 December 18, 
2017 without further notice unless we receive relevant adverse written 
comments by November 17, 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. Public 
comments 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 December 18, 
2017.

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 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);
     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 Clean Air Act; 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, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 18, 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: September 28, 2017.
Robert A. Kaplan,
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.


[[Page 48448]]



0
2. In Sec.  52.1870 the table in paragraph (e) is amended by adding a 
new entry for ``Lead (2008)'' under sub-heading ``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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Lead (2008)..............  Delta (partial             4/27/2017  10/18/2017, [insert   Includes approval of the
                            Fulton County).                       Federal Register      2013 lead base year
                                                                  citation].            emissions inventory and
                                                                                        Preventative Maintenance
                                                                                        Plan as RACM for the
                                                                                        Bunting Bearing LLC
                                                                                        Delta facility.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.1893 is amended by adding new paragraphs (f), (g) and (h) 
to read as follows:


Sec.  52.1893  Control strategy: Lead (Pb).

* * * * *
    (f) Ohio's 2013 lead emissions inventory for the Fulton County 
area, submitted on April 27, 2017, to meet the emission inventory 
requirements of section 172(c)(3) of the Clean Air Act for the Fulton 
County area.
    (g) Approval--The 2008 lead maintenance plan for the Fulton County, 
Ohio nonattainment area, submitted on April 27, 2017.
    (h) Existing controls and maintenance provisions in the Air 
Pollution Permits-to-install and operate P0108083, P0121822, P0120836, 
and P0121942 for the Bunting Bearing LLC Delta facility including the 
preventative maintenance plan as fulfilling the RACM/RACT 172(c)(1) 
requirement. Permits P0120836, P0121822, and P0121942, all issued 
February 28, 2017, require a combined limit of 0.150 pounds lead per 
hour for the exhaust of units P006 to P011, P013, P020 to P025, P029 to 
P032, P035, and P036. Permit P0108083, issued October 29, 2012, 
requires a combined limit of 0.150 pounds lead per hour for units P014 
to P019 and P028 and a combined limit of 0.075 lb/hr for unit P005.

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 Delta, 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
------------------------------------------------------------------------
 
                              * * * * * * *
Delta, OH:
    Fulton County (part).......      10/18/2017  Attainment.
        The portions of Fulton
         County that are
         bounded by: sections
         12 and 13 of York
         Township and sections
         7 and 18 of Swan Creek
         Township.
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ December 31, 2011, unless otherwise noted.

[FR Doc. 2017-22495 Filed 10-17-17; 8:45 am]
 BILLING CODE 6560-50-P