[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Proposed Rules]
[Pages 34102-34106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15107]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0320; FRL-9996-63-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Montana; East Helena Lead Nonattainment Area Maintenance Plan 
and Redesignation Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the Maintenance Plan, submitted by the State of Montana to the 
EPA on October 28, 2018, for the East Helena Lead (Pb) nonattainment 
area (East Helena NAA) and concurrently redesignating the East Helena 
NAA to attainment of the 1978 Pb National Ambient Air Quality Standard 
(NAAQS). The EPA is taking this action pursuant to the Clean Air Act 
(CAA).

DATES: Written comments must be received on or before August 16, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-EPA-R08-OAR-2019-0320, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.regulations.gov. The 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. The 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, 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.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air and Radiation 
Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. The EPA requests that if at all 
possible, you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8:00 a.m. 
to 4:00 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: James Hou, Air and Radiation Division, 
EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, Colorado, 
80202-1129, (303) 312-6210, [email protected].

[[Page 34103]]


SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    The East Helena NAA is in southern Lewis and Clark County, and is 
defined as a rectangle that includes both the community of East Helena 
and unincorporated portions of southern Lewis and Clark County. On 
November 6, 1991 (56 FR 56694), the East Helena area was designated as 
nonattainment for the 1978 Pb NAAQS (1.5 [mu]g/m\3\). This designation 
was effective on January 6, 1992 and required the State to submit a 
CAA, title I, part D Pb nonattainment state implementation plan (SIP) 
by July 6, 1993. On August 16, 1995, July 2, 1996 and October 20, 1998 
the Governor of Montana submitted SIP revisions to meet the part D SIP 
requirements. The control plan submitted as part of the East Helena Pb 
attainment plan focused on limiting emissions from the ASARCO lead 
smelter, which comprised the majority of lead emissions in the NAA, as 
well as restricting emissions from the American Chemet Copper Furnace. 
These emission reductions were further assisted through the complete 
removal of lead in gasoline by 1995.
    On April 4, 2001, ASARCO shut down its lead smelter operations, 
thereby eliminating 99.8 percent of all stationary source Pb emissions 
in the NAA. The facility's three large smelter stacks were dismantled 
in August 2009. On April 15, 2007, ASARCO's Title V permit expired, and 
ASARCO's Montana Air Quality Permit was revoked in September 2013. The 
former ASARCO site is currently an active Superfund site, with no 
development possible until cleanup has been completed.
    On June 18, 2001 (66 FR 32760), the EPA partially approved and 
partially disapproved the State's part D SIP submittals, which 
satisfied the CAA's criteria for Pb nonattainment SIPs. In the June 18, 
2001 action, the EPA also determined that the NAA had attained the 1978 
Pb NAAQS, based on air monitoring data through the calendar year 1999. 
The monitoring data used to determine attainment of the NAAQS included 
data while the ASARCO facility was still operating.

II. Requirements for Redesignation

CAA Requirements for Redesignation of Nonattainment Areas

    The CAA provides 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; (2) the 
Administrator has fully approved the applicable implementation plan for 
the area under section 110(k); (3) the Administrator determines that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
SIP and applicable Federal air pollutant control regulations and other 
permanent and enforceable reductions; (4) the Administrator has fully 
approved a maintenance plan for the area as meeting the requirements of 
CAA section 175A; and (5) the state containing such area has met all 
requirements applicable to the area for purposes of redesignation under 
section 110 and part D of title I of the CAA.

III. Review of the Montana State Submittal Addressing the Requirements 
for Redesignation and Limited Maintenance Plans

Criteria (1)--Has the East Helena NAA attained the applicable NAAQS?

    Under section 179(c)(1), the EPA has the responsibility for 
determining whether a nonattainment area has attained the Pb NAAQS. The 
EPA must make an attainment determination as expeditiously as 
practicable, but no later than 6 months after the attainment date for 
the area. On June 18, 2001, the EPA determined that the East Helena NAA 
attained the 1978 Pb NAAQS (66 FR 32763).

Criteria (2)--Does the East Helena NAA have a fully approved SIP under 
Section 110(k) of the CAA?

    The EPA has approved the applicable Montana SIP for the East Helena 
NAA under section 110(k) of the CAA for all requirements applicable for 
purposes of redesignation. The EPA may rely on prior SIP approvals in 
approving a redesignation request (see Calcagni Memorandum \1\ at p. 3) 
plus any additional measures it may approve in conjunction with a 
redesignation action. Following passage of the CAA of 1970, Montana has 
adopted and submitted, and the EPA has fully approved provisions 
addressing various SIP elements applicable for the 1978 lead NAAQS in 
the East Helena Pb NAA. See 66 FR 32760.
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    \1\ September 4, 1992 memo from John Calcagni, entitled 
``Procedures for Processing Requests to Redesignate Areas to 
Attainment.''
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Criteria (3)--Has the East Helena Pb NAA met all the applicable 
requirements under Section 110 and Part D of the CAA?

General SIP Requirements
    General SIP elements and requirements are delineated in section 
110(a)(2) of title I, part A of the CAA. These requirements include, 
but are not limited to, the following: Submittal of a SIP that has been 
adopted by the state after reasonable public notice and hearing; 
provisions for establishment and operation of appropriate procedures 
needed to monitor ambient air quality; implementation of a source 
permit program; provisions for the implementation of part C 
requirements (Prevention of Significant Deterioration (PSD)) and 
provisions for the implementation of part D requirements (New Source 
Review (NSR) permit programs); provisions for air pollution modeling; 
and provisions for public and local agency participation in planning 
and emission control rule development.
Title I, Part D--Applicable SIP Requirements
    Subpart 1 of part D, found in sections 172-176 of the CAA, sets 
forth the basic nonattainment requirements applicable to all 
nonattainment areas. All areas that were designated nonattainment for 
the 1978 lead NAAQS were designated under Subpart 1 in accordance with 
the deadlines in Subpart 5. For purposes of evaluating this 
redesignation request, the applicable Subpart 1 SIP requirements for 
all nonattainment areas are contained in sections 172(c)(1)-(9) and in 
section 176. A thorough discussion of the requirements contained in 
sections 172 and 176 can be found in the General Preamble for 
Implementation of title I. See 57 FR 13498 (April 16, 1992).
Subpart 1, Section 172--Requirements
    Section 172 requires states with nonattainment areas to submit 
attainment plans providing for timely attainment and meeting a variety 
of other requirements. The 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 the EPA can redesignate the area. In the 
1992 General Preamble for Implementation of Title I, the EPA set forth 
its interpretation of applicable requirements for purposes of 
evaluating redesignation requests when an area is attaining a standard. 
See 57 FR 13498,

[[Page 34104]]

13564 (April 16, 1992). The EPA noted that the requirements for 
reasonable further progress (RFP) and other measures designed to 
provide for 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 Memorandum. The EPA's 
understanding of section 172 also forms the basis of its Clean Data 
Policy, which 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, 
reasonably available control measures (RACM), and contingency measures 
under section 172(c)(9).
    As noted above, EPA already approved Montana's attainment plan for 
the Area. See 66 FR 32760 (June 18, 2001). Among other things, the 
approved attainment plan satisfied the section 172(c)(1) requirements 
for RACM; 172(c)(2) requirements related to RFP; 172(c)(3) requirements 
for an emissions inventory; 172(c)(6); and 172(c)(9) requirements for 
contingency measures.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources to be 
allowed 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. The 1990 CAA Amendments 
contained revisions to the NSR program requirements for the 
construction and operation of new and modified major stationary sources 
located in nonattainment areas. The CAA requires states to amend their 
SIPs to reflect these revisions but does not require submittal of this 
element along with the other SIP elements. The CAA established June 30, 
1992, as the submittal date for the revised NSR programs (Section 189 
of the CAA). Montana has a fully approved nonattainment NSR program, 
most recently approved on July 18, 1995 (60 FR 36715) at Administrative 
Rules of Montana (ARM) Subchapter 8. Montana also has a fully approved 
PSD program, most recently approved on July 18, 1995 (60 FR 36715). 
Upon the effective date of redesignation of an area from nonattainment 
to attainment, the requirements of the Part D NSR program will be 
replaced by the PSD program and the maintenance area NSR program.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, the Montana SIP meets 
the requirements of section 110(a)(2) applicable for purposes of 
redesignation.
    Section 172(c)(8) allows a state to use equivalent modeling, 
emission inventory, and planning procedures if such use is requested by 
the state and approved by the EPA. Montana has not requested the use of 
equivalent techniques under section 172(c)(8).
Section 176--Conformity Requirements
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that federally supported or funded projects 
conform to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs, and projects that are developed, funded, or approved under 
title 23 of the United States Code (U.S.C.) and the Federal Transit Act 
(transportation conformity) as well as to all other federally supported 
or funded projects (general conformity). State transportation 
conformity SIP revisions must be consistent with Federal conformity 
regulations relating to consultation, enforcement, and enforceability 
that the EPA promulgated pursuant to its authority under the CAA. In 
light of the elimination of lead additives in gasoline, transportation 
conformity does not apply to the lead NAAQS. See 73 FR 66964 (November 
12, 2008).

Criteria (4)--Has the State demonstrated that the air quality 
improvement is due to permanent and enforceable reductions?

    For redesignating a nonattainment area to attainment, the CAA 
requires the EPA to determine that the air quality improvement in the 
area is due to permanent and enforceable reductions in emissions 
resulting from implementation of the SIP, applicable Federal air 
pollution control regulations, and other permanent and enforceable 
reductions (CAA section 107(d)(3)(E)(iii)). The EPA has determined that 
Montana has demonstrated that the observed air quality improvement in 
the East Helena NAA is due to permanent and enforceable reductions in 
emissions.
    In the EPA's June 18, 2001 approval of the State of Montana's 
attainment plan (66 FR 32760), three major sources of Pb were 
identified in the East Helena NAA: The ASARCO Smelter complex; re-
entrained dust from the roads of East Helena; and the American Chemet 
Corporation's copper oxide manufacturing facility. The East Helena 
attainment plan contained Pb control measures for these three sources, 
needed to attain the NAAQS to satisfy the section 172(c) RACM 
requirement. The EPA approved these controls as RACM/reasonably 
available control technology (RACT) and incorporated them into the SIP, 
making them permanent and enforceable SIP measures to meet the 
requirement of the CAA and the 1978 NAAQS. See (66 FR 32760).
    On April 4, 2001, ASARCO shut down its lead smelter operations, 
thereby eliminating the largest source of Pb emissions in the NAA. The 
facility's three large smelter stacks were dismantled in August 2009. 
On April 15, 2007, ASARCO's Title V permit expired, and the ASARCO 
Montana Air Quality Permit was revoked in September 2013. With the 
removal of ASARCO lead smelter emissions, more than 99.8 percent of the 
lead emissions from all stationary sources in the NAA were permanently 
removed.
    On June 10, 2013, the State of Montana submitted a request to 
remove stipulations limiting the allowable concentration of lead in raw 
feed at the American Chemet Corporation's East Helena facility. In 
order to approve the SIP revision, the EPA requested that the Montana 
Department of Environmental Quality (MDEQ) provide modeling to 
demonstrate noninterference with the attainment and maintenance of the 
Pb NAAQS and that the State finalize the revocation of ASARCO's permit. 
The EPA subsequently approved the requested SIP revision after the 
revocation of ASARCO's permit and after modeling showed a Pb 
concentration for the NAA of 0.14 [mu]g/m\3\. This modeled 
concentration is an order of magnitude lower than the applicable 1978 
Pb NAAQS (1.5 [mu]g/m\3\). See 83 FR 13196. Due to the closure of 
ASARCO, and based on recent modeling for the NAA, the EPA considers the 
Pb emission reductions in the NAA to be permanent and enforceable.

Criteria (5)--Does the area have a fully approved maintenance plan 
pursuant to Section 175A of the CAA?

    For redesignating a nonattainment area to attainment, the CAA 
requires the EPA to determine that the area has a fully approved 
maintenance plan pursuant to section 175A of the CAA. See CAA section 
107(d)(3)(E)(iv). In conjunction with its request to redesignate the 
East Helena Pb NAA to attainment for the 1978 Pb NAAQS, MDEQ submitted 
a SIP revision to provide for maintenance of the 1978 Pb NAAQS for at 
least 10 years after the

[[Page 34105]]

effective date of redesignation to attainment. The EPA believes that 
this maintenance plan meets the requirements for approval under section 
175A of the CAA.
Maintenance Plan Requirements
    Section 175A of the CAA sets forth the 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 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the state must submit a revised maintenance plan 
demonstrating that attainment will continue to be maintained for the 10 
years following the initial 10-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain such 
contingency measures as the EPA deems necessary to assure prompt 
correction of any future 1978 lead violations. The Calcagni Memorandum 
provides further guidance on the content of a maintenance plan, 
explaining that a maintenance plan should address five requirements: 
the attainment emissions inventory; maintenance demonstration; 
monitoring; verification of continued attainment; and a contingency 
plan. As is discussed more fully below, the EPA has preliminarily 
determined that Montana's maintenance plan includes all the necessary 
components and is thus proposing to approve it as a revision to the 
Montana SIP.
Attainment Emission Inventory
    The State of Montana submitted to the EPA emissions inventories for 
the East Helena NAA as part of their attainment plan that identified a 
level of emissions in the NAA that would be sufficient to attain the 
1978 Pb NAAQS. As noted above, the EPA approved the attainment plan and 
determined that the area had attained the 1978 Pb NAAQS on June 18, 
2001 (66 FR 32760). The controlled emissions inventory for ASARCO and 
American Chemet were 64.7 tons per year (tpy) and 0.0615 tpy, 
respectively.
Maintenance Demonstration
    A state may generally demonstrate maintenance of the 1.5 [mu]g/m\3\ 
standard by either showing that future Pb emissions will not exceed the 
level of the attainment inventory, or by modeling to show that the 
future mix of sources and emission rates will not cause a violation of 
the 1978 Pb NAAQS. The demonstration should be for a period of ten 
years following the redesignation, e.g., until 2028 for the maintenance 
plan update. The state demonstrates attainment of the standard using 
the attainment inventory since it is based on maximum permitted 
allowable emissions and Pb emissions are not expected to increase over 
the maintenance period. As a result of the closure of the major source 
of Pb emissions in the NAA, current Pb emissions in the Montana 
Maintenance Plan emission inventory represent less than 1 percent of 
the 1995 control plan stationary source emissions.
    Further, on March 28, 2018, the EPA approved revisions to the East 
Helena Pb portion of the Montana SIP, submitted on September 13, 2013, 
which relied on dispersion modeling. Dispersion modeling is a more 
sophisticated means of demonstrating maintenance because it 
incorporates meteorology, topography, and source characteristics in 
addition to permitted allowable emissions rates. The EPA reviewed the 
supplied modeling analysis and agreed that the methodology was done in 
accordance with 40 CFR part 51, Appendix W and the EPA's ``Guideline on 
Air Quality Models.'' The AERMOD modeling analysis, conducted in 
accordance with Appendix W and the Guideline on Air Quality Models, 
used the emission limits in the SIP, located in Condition II.A.4.b of 
the 1995 Board Order, of 0.007 lb/hr and the results show a 
concentration of 0.14 [mu]g/m\3\ (which includes background 
concentrations).Therefore, East Helena is below the Pb NAAQS threshold 
for the applicable 1978 Pb NAAQS of 1.5 [mu]g/m\3\. The submitted 
modeling analysis used background concentrations of lead based off lead 
monitoring results that were performed during the three quarters 
immediately after the ASARCO facility ceased operations in April of 
2001 (See 83 FR 1602). No significant changes in modeling inputs have 
occurred since the September 11, 2013 submittal and none are 
anticipated through the maintenance period. Therefore, the EPA finds 
that Montana has demonstrated maintenance of the 1978 Pb NAAQS.
Monitoring Network and Verification of Continued Attainment
    Following the EPA's June 18, 2001 determination of attainment for 
the 1978 Pb NAAQS for the East Helena NAA, and the permanent removal of 
Pb emission in the area due to ASARCO's closure, MDEQ discontinued the 
operation of all Pb monitors in the NAA. MDEQ has confirmed that the 
State commits to resume monitoring before any major source of Pb 
commences to operate. If a new major source of Pb locates within the 
East Helena NAA and the source modeling indicates that the Pb impacts 
are greater than 75 percent of the current NAAQS including background, 
the source will be required to install appropriate Pb monitoring for a 
period of no less than three years to assure that the current NAAQS are 
adequately protected within the NAA. Moreover, Montana's PSD program 
requires that permit applicants conduct preconstruction monitoring to 
identify baseline concentrations. Notably, the applicable NAAQS that a 
major Pb source be evaluated against, would be for the more stringent 
and current 2008 Pb NAAQS of 0.15 [mu]g/m\3\ as opposed to the 1978 
NAAQS of 1.5 [mu]g/m\3\.
Contingency Provisions
    The East Helena NAA Pb Maintenance Plan includes the State's 
commitment to continue to implement and enforce measures necessary to 
maintain the Pb NAAQS. MDEQ's current operating permit program places 
limits on Pb emissions from existing sources. Should an existing 
facility (such as Chemet) want to upgrade or increase Pb emissions, the 
facility would be subject to the PSD program. Should a new facility be 
constructed in the East Helena maintenance area, the facility would 
also be subject to PSD as required in the Calcagni Memo. If these 
measures prove insufficient to protect against exceedances of the 
NAAQS, the State of Montana has also committed to adopt, submit as a 
SIP revision, and implement expeditiously any and all measures needed 
to ensure maintenance of the NAAQS.
    The Calcagni Memo emphasizes the importance of specific contingency 
measures, schedules for adoption, and action levels to trigger 
implementation of the contingency plan. Since there are no major 
sources of Pb emissions remaining in the NAA from the original 1995 
East Helena Pb Attainment SIP, ambient Pb monitoring was discontinued 
in 2001 when ASARCO shut down and the State's contingency plan will 
focus on new sources or modifications of existing permitted sources, we 
conclude that the State's commitment satisfactorily addresses the CAA 
provisions.
    Since there are neither significant Pb sources nor ambient Pb 
monitoring in the East Helena maintenance area, we agree with the State 
that any new source planning to locate within the maintenance area or 
existing source proposing a significant increase in Pb emissions would 
be subject to Montana's SIP-approved major NSR and

[[Page 34106]]

minor source permitting programs.\2\ Thus, we find that MDEQ's 
permitting program is sufficient to track future air quality trends and 
to assure that the East Helena maintenance area will not violate the 
NAAQS. If the State identifies the potential for a NAAQS violation 
through the permitting process, the State would ascertain what measures 
would be needed to avoid the violation.
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    \2\ ARM Title 17, Chapter 8, Subchapters 7, 8, 9, and 10.
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Has the State met transportation and general conformity requirements?
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that federally supported or funded projects 
conform to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs, and projects that are developed, funded, or approved under 
title 23 of the United States Code (U.S.C.) and the Federal Transit Act 
(transportation conformity) as well as to all other federally supported 
or funded projects (general conformity). State transportation 
conformity SIP revisions must be consistent with Federal conformity 
regulations relating to consultation, enforcement, and enforceability 
that the EPA promulgated pursuant to its authority under the CAA. In 
light of the elimination of lead additives in gasoline, transportation 
conformity does not apply to the lead NAAQS. See 73 FR 66964 (November 
12, 2008).

IV. Proposed Action

    After review and analysis of Montana's submittal, the EPA is 
proposing to take the following actions pursuant to section 110 of the 
CAA: Redesignate the East Helena, Montana Pb nonattainment area to 
attainment for the 1978 Pb NAAQS; and approve Montana's October 28, 
2018 SIP revision for continued maintenance and attainment of the 1978 
Pb NAAQS in East Helena, Montana.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve 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 proposed 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).

List of Subjects in 40 CFR Part 52

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

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

    Dated: July 11, 2019.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2019-15107 Filed 7-16-19; 8:45 am]
BILLING CODE 6560-50-P