[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Rules and Regulations]
[Pages 10796-10800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05057]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2017-0256; FRL-9975-46-Region 5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

DATES: This final rule is effective on March 13, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0256. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays. We recommend 
that you telephone Matt Rau, Environmental Engineer at (312) 886-6524 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection

[[Page 10797]]

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. What is the background?
II. What are EPA's responses to the comments?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
V. Judicial Review

I. What is the background?

    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. The Delta area 
portion of Fulton County was designated as nonattainment for lead, 
specifically portions of Swan Creek and York Townships. 40 CFR 81.336. 
On May 26, 2015 (80 FR 29964), EPA issued a Clean Data Determination, 
which determined that the Delta area attained the 2008 lead NAAQS prior 
to its attainment date of December 31, 2015.
    On April 27, 2017, Ohio requested EPA to redesignate the Delta area 
to attainment of the 2008 lead NAAQS and provided documentation in 
support of its request. On October 18, 2017 (82 FR 48442), EPA issued a 
direct final rule approving Ohio's request to redesignate the Delta 
area to attainment. However, since EPA received relevant adverse 
comments on this action within the prescribed period, EPA withdrew the 
direct final rule. EPA had also proposed to approve the request to 
redesignate the Delta area to attainment of the 2008 lead NAAQS on 
October 18, 2017 (82 FR 48474). This action is a final rule based on 
the October 18, 2017 proposal.
    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.
    The direct final rule published on October 18, 2017 (82 FR 48442) 
details how the Delta area has met the requirements for redesignation 
under section 107(d)(3)(E) of the CAA. In summary, EPA's approval of 
the RACM/RACT measures satisfies section 172 (c)(1) of the CAA. EPA is 
approving Ohio's 2013 emissions inventories for the Delta area as 
meeting the requirement of section 172(c)(3) of the CAA. EPA finds that 
the other requirements of CAA section 172(c) are not applicable because 
the Delta area has monitored attainment of the 2008 lead NAAQS. 
Further, EPA is approving Ohio's maintenance plan as it adequately 
addresses the requirements of section 175A of the CAA.

II. What are EPA's responses to the comments?

    EPA received an anonymous comment on November 16, 2017. The comment 
is discussed below along with a response from EPA.
    Comment: The commenter stated, ``In 2009 the areas [sic] design 
value for lead was 0.18 and dropped significantly to 0.09 in 2012, but 
in 2014 the design value increased significantly back up to 0.12. This 
shows that the area hasn't maintained a consistent level that shows 
attainment below 0.15.'' The commenter further stated that, ``EPA 
shouldn't approve the re-designation request until the Fulton area 
shows better improvement in the monitored lead design values. EPA 
should wait until the lead levels become steady without increasing.'' 
The commenter further states, ``EPA needs to take lead violations 
seriously.''
    Response: EPA disagrees with the commenter that the variability in 
the area's design value prohibits a redesignation to attainment. The 
statute does not require an area's design value to ``maintain a 
consistent level'' at its lowest recorded value or ``become steady 
without increasing,'' but rather requires that the air quality in the 
area is attaining the standard. In this case, though there was a 
fluctuation in the area's design values. Those values have remained 
below the level of the 2008 NAAQS for the relevant period, and, 
contrary to commenter's suggestion, has not violated the standard. 
Since the Bunting Bearing Company's Delta, Ohio facility (Bunting), 
identified by Ohio as the only point source of lead emissions in the 
nonattainment area, improved its lead emission controls in 2012 by 
adding required inspections, leak detection systems, corrective 
actions, and recordkeeping, the area has been consistently attaining 
the standard. Those controls are permanent and federally enforceable. 
Thus EPA has reasonably determined that, in accordance with the 
statute, the area is attaining and that the attainment is due to 
permanent and enforceable measures.
    Comment: The commenter also asked, ``what happens if the area's 
lead levels increase another 0.03?''
    Response: An increase from the 2014-2016 design value of 0.12 
[micro]g/m\3\ to 0.15 [micro]g/m\3\ would mean that the area would 
still be in attainment of the 2008 lead NAAQS and public health would 
remain protected. More importantly, Ohio's maintenance plan for the 
Delta area has contingency measures that help prevent NAAQS violations 
and that address violations if they occur. As part of its contingency 
measures, the state has committed that a ``warning'' level response is 
triggered if the lead concentration reaches 0.135 [micro]g/m\3\ on a 
three-month rolling average. 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 measures would 
be necessary to reverse the trend within 12 months of the conclusion of 
the calendar year. An ``action'' level response is triggered if the 
lead concentration reaches a level at or above 0.143 [micro]g/m\3\ on a 
three-month rolling average. 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 the contingency measures are 
adequate to promptly correct a violation of the ambient lead NAAQS.

III. What action is EPA taking?

    EPA is approving the request from Ohio to change the legal 
designation of

[[Page 10798]]

the Delta area from nonattainment to attainment for the 2008 lead 
NAAQS. EPA is approving Ohio's maintenance plan for the Delta 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 all issued to Bunting as 
meeting the RACM/RACT requirements of CAA section 172(c)(1).
    Specifically, EPA is approving the necessary elements from the 
permits, emission limits and Preventive Maintenance Plan conditions, 
into the Ohio SIP rather than the entirety of the permits. The emission 
limits are for units controlled with Baghouse A: 0.150 pounds per hour 
combined limit, Baghouse B: 0.150 pounds per hour combined limit, and 
Baghouse C: 0.075 pounds per hour combined limit. The approved specific 
required elements of the Preventive Maintenance Plan are detailed on 
pages 24 to 26 of Ohio's ``Redesignation Request and Maintenance Plan 
for the Partial Fulton County, OH Annual Lead Nonattainment Area,'' 
submitted in April 2017. In summary, the required elements are five 
elements of inspections, three elements of fabric filter leak detection 
systems, three elements of corrective actions, and five elements of 
records.
    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.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for these actions to become effective immediately upon publication. 
This is because a delayed effective date is unnecessary due to the 
nature of a redesignation to attainment, which relieves the area from 
certain CAA requirements that would otherwise apply to it. The 
immediate effective date for this action is authorized under both 5 
U.S.C. 553(d)(1), which provides that rulemaking actions may become 
effective less than 30 days after publication if the rule ``grants or 
recognizes an exemption or relieves a restriction,'' and section 
553(d)(3), which allows an effective date less than 30 days after 
publication ``as otherwise provided by the agency for good cause found 
and published with the rule.'' The purpose of the 30-day waiting period 
prescribed in section 553(d) is to give affected parties a reasonable 
time to adjust their behavior and prepare before the final rule takes 
effect. This rule, however, does not create any new regulatory 
requirements such that affected parties would need time to prepare 
before the rule takes effect. Rather, this rule relieves the state of 
planning requirements for this lead nonattainment area. For these 
reasons, EPA finds good cause under 5 U.S.C. 553(d)(1) and (3) for 
these actions to become effective on the date of publication of these 
actions.

IV. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 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, 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).

V. Judicial Review

    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 May 14, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

List of Subjects

40 CFR Part 52

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

[[Page 10799]]

40 CFR Part 81

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Designations and classifications, 
Intergovernmental relations, Lead, Reporting and recordkeeping 
requirements.

    Dated: February 27, 2018.
Cathy Stepp,
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 
the entry ``Lead (2008)'' after the entry ``Lead (2008)'' (with the 
State date of 6/29/2016) to read as follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (e) * * *

                         EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
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                                  Applicable
           Title             geographical or non-    State date        EPA approval             Comments
                                attainment area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Summary of Criteria Pollutant Maintenance Plan
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Lead (2008)................  Delta (partial             4/27/2017  3/13/2018, [insert   Includes approval of the
                              Fulton County).                       Federal Register     2013 lead base year
                                                                    citation].           emissions inventory and
                                                                                         Preventative
                                                                                         Maintenance Plan as
                                                                                         RACM/RACT for the
                                                                                         Bunting Bearing LLC
                                                                                         Delta facility.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.1893 is amended by adding 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 Delta area, 
submitted on April 27, 2017, to meet the emission inventory 
requirements of section 172(c)(3) of the Clean Air Act for the Delta 
area.
    (g) Approval--The 2008 lead maintenance plan for the Delta, 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 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 pounds lead per hour 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 ``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:                             3/13/2018  Attainment.
    Fulton County (part)........
        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.


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[FR Doc. 2018-05057 Filed 3-12-18; 8:45 am]
 BILLING CODE 6560-50-P