[Federal Register Volume 87, Number 85 (Tuesday, May 3, 2022)]
[Proposed Rules]
[Pages 26147-26151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09405]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2022-0195; FRL-9631-02-OAR]
RIN 2060-AV66
Intended Air Quality Redesignation for the 2008 Lead National
Ambient Air Quality Standards; Canton, Ohio; Stark County, Ohio: Notice
of Availability and Public Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability and public comment period.
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SUMMARY: The Environmental Protection Agency (EPA) is providing notice
of our intent to redesignate a portion of Canton, Ohio in northeastern
Stark County from ``unclassifiable/attainment'' to ``nonattainment''
for the 2008 National Ambient Air Quality Standards (NAAQS) for lead
(Pb). The EPA's intended redesignation of this portion of the Canton,
Ohio area is based on recorded violations of the Pb NAAQS at Ohio
Environmental Protection Agency's (Ohio EPA) Republic Steel ambient air
monitoring site located in Canton, Ohio, and additional relevant air
quality information. If the redesignation to nonattainment is
finalized, the state of Ohio would be required to undertake certain
planning requirements to reduce Pb concentrations within this
nonattainment area, including, but not limited to, the requirement to
submit within 18 months of redesignation, a revision to the Ohio state
implementation plan (SIP) that provides for attainment of the Pb
standards as expeditiously as practicable, but no later than 5 years
after the date of redesignation to nonattainment.
Notice is hereby given that the EPA (Agency) has posted on our
public electronic docket and internet website the intended
redesignation for relevant portion of the Canton, Ohio (Stark County,
OH) area under the 2008 Pb NAAQS. The EPA invites the public to review
and provide input on our intended redesignation during the comment
period specified in the DATES section. The EPA notified the state of
Ohio of our intended redesignation action on or about April 26, 2022.
The EPA intends to make its final redesignation determination for the
Canton, Ohio area approximately 240 days from the date the Agency
notified the state of its intended designation, that is, in December
2022.
DATES: Comments must be received on or before June 2, 2022. Please
refer to SUPPLEMENTARY INFORMATION for additional information on the
comment period.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2022-0195, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Out of an abundance of caution
for members of the public and our staff, the EPA Docket Center and
Reading Room are closed to the public, with limited exceptions, to
reduce the risk of transmitting COVID-19. Our Docket Center staff will
continue to provide remote customer service via email, phone, and
webform. We encourage the public to submit comments via https://www.regulations.gov, as there may be a delay in processing mail and
faxes. Hand deliveries and couriers may be received by scheduled
appointment only. For further information on EPA
[[Page 26148]]
Docket Center services and the current status, please visit us online
at https://www.epa.gov/dockets.
Once submitted, comments cannot be edited or removed from https://www.regulations.gov. The EPA may publish any comment received to our
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., comments hosted 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 https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: For general questions concerning this
action, please contact Andrew Leith, U.S. EPA, Office of Air Quality
Planning and Standards, Air Quality Policy Division, C541A, Research
Triangle Park, NC 27709, telephone (919) 541-1069, email at
[email protected]. The following EPA Regional office contact can
answer questions specific to the Canton, Ohio area:
Regional Office Contacts:
Region V--Alisa Liu (312) 353-3193, email at [email protected]
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Regional office Affected state
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EPA Region 5, 77 West Jackson Blvd., Ohio.
Chicago, IL 60604.
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Although the EPA Region 5 office may be closed, or operating during
limited hours, to reduce the risk of transmitting COVID-19, staff
remain available via telephone and email. The EPA encourages the public
to review our recent letter notifying Ohio of our intended
redesignation action, and the associated area-specific technical
support information online at https://www.epa.gov/lead-designations and
in the public docket for these lead designations at http://www.regulations.gov under Docket ID No. EPA-HQ-OAR-2022-0195.
SUPPLEMENTARY INFORMATION: The information in this document is
organized as follows:
I. Purpose of Action and Instructions for Submitting Public Comments
II. The 2008 Pb NAAQS
III. Designations for the 2008 Pb NAAQS
IV. Applicable Regulatory Provisions
V. Monitoring Network Considerations
VI. Canton, Ohio Ambient Air Monitoring Site
VII. Pb Data Considerations
VIII. The EPA's Intended Decision To Address Monitored Pb Violations
in the Canton, Ohio Area Through Redesignation
I. Purpose of Action and Instructions for Submitting Public Comments
The purpose of this notice of availability is to solicit input from
interested parties on the EPA's notification to the state of Ohio of
our intended redesignation determination for the Canton, Ohio area
(Stark County, Ohio) for the 2008 Pb NAAQS. The EPA's notification
letter and the supporting technical analyses can be found at https://www.epa.gov/lead-designations and also in the public docket for this
action at https://www.regulations.gov under Docket ID No. EPA-HQ-OAR-
2022-0195.
The EPA invites public input regarding the Canton, OH area during
the 30-day comment period provided in this notice. To receive full
consideration, input from the public must be submitted to the docket by
June 2, 2022. This notice and opportunity for public comment does not
affect any rights or obligations of any state, or tribe, or of the EPA,
which might otherwise exist pursuant to the CAA section 107(d).
CAA section 107(d)(3) provides a process for air quality
redesignations that involves recommendations by affected states,
territories, and tribes to the EPA and responses from the EPA to those
parties, prior to the EPA promulgating final area redesignation
decisions. The EPA is not required under the CAA section 107(d)(3) to
seek public comment during the redesignations process, but we are
electing to do so for this area with respect to the 2008 Pb NAAQS to
gather additional information for the EPA to consider before making
final redesignation decisions for the specific area addressed.
1. Submitting CBI. Do not submit CBI information to the EPA through
https://www.regulations.gov or email. Clearly mark the part or all of
the information that you claim to be CBI. For CBI in a disk or CD ROM
that you mail to the EPA, mark the outside of the disk or CD-ROM as CBI
and then identify electronically within the disk or CD-ROM the specific
information that is claimed as CBI. In addition to one complete version
of the comment that includes information claimed as CBI, a copy of the
comment that does not contain the information claimed as CBI must be
submitted for inclusion in the public docket. Information so marked
will not be disclosed except in accordance with procedures set forth in
40 Code of Federal Regulations (CFR) part 2. Send or deliver
information identified as CBI only to the following address: Tiffany
Purifoy, OAQPS CBI Officer, U.S. EPA, Office of Air Quality Planning
and Standards, Mail Code C404-02, Research Triangle Park, NC 27711,
Attention Docket ID No. EPA-HQ-OAR-2022-0195. There will be a delay in
confirming receipt of CBI packages, because the EPA-RTP office is
closed to reduce the risk of transmitting COVID-19. Due to the office
closure, EPA is also requesting that parties notify the OAQPS Document
Control Officer via telephone, (919) 541-0878, or email at
[email protected] when mailing information identified as CBI.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
II. The 2008 Pb NAAQS
Under section 109 of the Clean Air Act (CAA or Act), the EPA has
established primary and secondary NAAQS for certain pervasive air
pollutants (referred to as ``criteria pollutants'') and conducts
periodic reviews of the NAAQS to determine whether they should be
revised or whether new NAAQS should be established. The primary NAAQS
represent ambient air quality standards, the attainment and maintenance
of which the EPA has determined, including a margin of safety, are
requisite to protect the public health. The secondary NAAQS represent
ambient air quality standards, the attainment and maintenance of which
the EPA has determined are requisite to protect the public welfare from
any known or anticipated adverse effects associated with the presence
of such air pollutant in the ambient air.
Under the CAA, the EPA must establish NAAQS for criteria
pollutants, including Pb. Lead is generally emitted in the form of
particles that are deposited in water, soil, and dust. People may be
exposed to Pb by inhaling it or by ingesting Pb-
[[Page 26149]]
contaminated food, water, soil, or dust. Once in the body, Pb is
quickly absorbed into the bloodstream and can result in a broad range
of adverse health effects including damage to the central nervous
system, cardiovascular function, kidneys, immune system, and red blood
cells. Children are particularly vulnerable to Pb exposure, in part
because they are more likely to ingest Pb and in part because their
still-developing bodies are more sensitive to the effects of Pb. The
harmful effects to children's developing nervous systems (including
their brains) arising from Pb exposure may include intelligence
quotient (IQ) \1\ loss, poor academic achievement, long-term learning
disabilities, and an increased risk of delinquent behavior.\2\
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\1\ IQ is a score created by dividing a person's mental age
score, obtained by administering an intelligence test, by the
person's chronological age, both expressed in terms of years and
months. ``Glossary of Important Assessment and Measurement Terms,''
Philadelphia, PA: National Council on Measurement in Education.
2016.
\2\ Depending on the level of exposure, lead can adversely
affect the nervous system, kidney function, immune system,
reproductive and developmental systems and the cardiovascular
system. For more information regarding the health effects of Pb
exposure, see 73 FR 66964, November 12, 2008, or http://www.epa.gov/airquality/lead/health.html.
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The EPA first established primary and secondary Pb standards in
1978 at 1.5 micrograms per cubic meter ([micro]g/m\3\) as a quarterly
average.\3\ Based on new health and scientific data, on October 15,
2008, the EPA revised the federal Pb standards to 0.15 [micro]g/m\3\
and revised the averaging time for the standards.\4\ Since the primary
and secondary Pb standards are the same, we refer to them hereafter in
this document using the singular Pb standard or NAAQS. A violation of
the 2008 Pb NAAQS occurs if any arithmetic 3-month mean concentration
is greater than 0.15 [micro]g/m\3\.\5\
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\3\ 43 FR 46246 (October 5, 1978).
\4\ 73 FR 66964 (November 12, 2008).
\5\ 40 CFR 50.16.
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III. Designations for the 2008 Pb NAAQS
Following promulgation of any new or revised NAAQS, the EPA is
required by CAA section 107(d) to designate areas throughout the nation
as attaining or not attaining the NAAQS. The EPA initially designated
all areas of the country as ``unclassifiable,'' ``unclassifiable/
attainment,'' or ``nonattainment'' for the 2008 Pb NAAQS in two rounds
on November 16, 2010, and November 8, 2011. In the November 8, 2011,
action, the EPA designated Stark County, along with the remaining areas
of Ohio, as unclassifiable/attainment.\6\
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\6\ See 75 FR 71033 (November 22, 2010); 76 FR 72097 (November
22, 2011).
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Pursuant to CAA section 107(d), the EPA must designate as
``nonattainment'' those areas that violate the NAAQS and those nearby
areas that contribute to violations. Once an area has been designated,
the EPA Administrator, under CAA section 107(d)(3), may at any time
notify a state that a designation should be revised. 42 U.S.C.
7407(d)(3).
In 2021, the EPA determined that quality-assured, certified
monitoring data collected during 2017-2020 at the Ohio EPA ambient air
monitoring site located at 3150 Georgetown Road NE in Canton, Ohio
(Republic Steel ambient air monitoring site), showed that the area was
violating the Pb NAAQS. Accordingly, consistent with CAA section
107(d)(3)(A), the EPA notified the Governor of Ohio in a letter dated
April 26, 2022, of our intent to redesignate the relevant portion of
the Canton, Ohio area as ``nonattainment'' for the 2008 Pb NAAQS.
IV. Applicable Regulatory Provisions
A determination of whether an area's air quality meets applicable
standards is generally based upon the most recent 3 years of complete,
quality-assured data gathered at established state and local air
monitoring stations (SLAMS) and entered into the EPA's Air Quality
System (AQS) database.\7\ Data from ambient air monitors operated by
state and local agencies in compliance with the EPA monitoring
requirements must be submitted to AQS.\8\ Monitoring agencies annually
certify that these data are accurate to the best of their knowledge.\9\
All data are reviewed to determine the area's air quality status for Pb
in accordance with 40 CFR part 50, Appendix R.
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\7\ AQS is the EPA's repository of ambient air quality data.
\8\ 40 CFR 58.16.
\9\ 40 CFR 58.15.
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Under the EPA regulations in 40 CFR 50.16 and in accordance with 40
CFR part 50 Appendix R, the 2008 Pb NAAQS is met when the design value
is less than or equal to 0.15 [micro]g/m\3\ at each eligible monitoring
site within the area. The Pb design value at each eligible monitoring
site is the maximum valid 3-month arithmetic mean Pb concentration from
the 38-month period consisting of the most recent 3-year calendar
period plus two previous months. The 3-month mean Pb concentrations are
rounded to the nearest hundredth [micro]g/m\3\ for comparison to the
NAAQS. Data completeness requirements for a given 3-month period are
met if the average of the data capture rate of the three constituent
monthly means is greater than or equal to 75 percent.\10\
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\10\ See 40 CFR part 50, Appendix R sections (1)c, 4(c), and
5(b).
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V. Monitoring Network Considerations
Section 110(a)(2)(B)(i) of the CAA requires states to establish and
operate air monitoring networks to compile data on ambient air quality
for all criteria pollutants. The EPA's monitoring requirements are
specified by regulation in 40 CFR part 58. These requirements are
applicable to state, and where delegated, local air monitoring agencies
that operate criteria pollutant monitors. The regulations in 40 CFR
part 58 establish specific requirements for operating air quality
surveillance networks to measure ambient concentrations of Pb,
including requirements for measurement methods, network design, quality
assurance procedures, and in the case of large urban areas, the minimum
number of monitoring sites designated as SLAMS.
In sections 4.4 and 4.5 of Appendix D to 40 CFR part 58, the EPA
specifies minimum monitoring requirements for Pb, respectively, to
operate at SLAMS. SLAMS produce data that are eligible for comparison
with the NAAQS, and therefore, the monitor must be an approved federal
reference method (FRM), federal equivalent method (FEM), or approved
regional method (ARM) monitor.
The minimum number of required Pb SLAMS is described in section 4.5
of Appendix D to 40 CFR part 58. There must be at least one source-
oriented SLAMS site located to measure the maximum Pb concentration in
ambient air resulting from each non-airport Pb source that emits 0.50
or more tons per year (tpy) and from each airport that emits 1.0 tpy or
more based on either the most recent National Emission Inventory (NEI)
or other scientifically justifiable methods and data.
According to the 2017 NEI, one source in Stark County, Ohio
exceeded the 0.50 tpy threshold and therefore required source-oriented
Pb monitoring: The Republic Steel plant located at 2633 Eighth Street
NE in Canton, Ohio (Republic Steel).\11\ Republic Steel is a steel
manufacturer that manufactures leaded steel and other steel products.
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\11\ Ohio facility-level Pb emissions data from the 2017 NEI may
be accessed on the EPA NEI website at https://www.epa.gov/air-emissions-inventories/2017-national-emissions-inventory-nei-data.
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[[Page 26150]]
VI. Canton, Ohio Ambient Air Monitoring Site
On June 6, 2017, an ambient air monitoring site was installed and
began operating in Stark County to measure concentrations of Pb and
other toxic metals. Ohio EPA, through its partnership with the Canton
City Public Health Department, installed a special purpose monitor to
meet the requirements of a permit \12\ issued on December 12, 2016, to
Republic Steel as part of operational changes made to its plant at 2633
Eighth Street NE in Canton, Ohio.
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\12\ Ohio EPA Air Pollution Permit-to-Install (PTI), Permit
Number: P0121793, Facility ID: 1576050694, Republic Steel. http://wwwapp.epa.ohio.gov/dapc/permits_issued/1499790.pdf.
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In April 2019, Ohio EPA converted the designated primary Pb sampler
at the Republic Steel ambient air monitoring site from a special
purpose monitor (SPM) to a SLAMS monitor. The conversion was made as a
result of Ohio EPA's 2017 emissions inventory, which indicated that
Republic Steel's Pb emissions were at 0.81 tpy, which exceeds the
source-oriented 0.50 tpy monitoring threshold in 40 CFR part 58
Appendix D. The EPA requires SLAMS monitors to collect Pb samples at a
minimum frequency of 1-in-6 days and those data be reported to the
EPA's AQS. Ohio EPA continued to also collect SPM samples to sample air
quality specifically during leaded production at the Republic Steel
plant; however, the SPM monitoring data is not reported to the EPA's
AQS. Ohio EPA posts the SLAMS and SPM data on its website.\13\
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\13\ Ohio EPA, Air Pollution Control, Reports & Data, Special
Sampling Projects. https://epa.ohio.gov/wps/portal/gov/epa/divisions-and-offices/air-pollution-control/reports-and-data/special-sampling-projects.
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Two ambient air quality monitors (Parameter Occurrence Code (POC 1,
POC 4) at the Republic Steel ambient air monitoring site measure
ambient concentrations on a microscale level of 0 to 100 meters with a
staggered schedule. POC 1 operates on the EPA sampling schedule of 1-
in-6 days, and POC 4 operates on a randomized schedule. The POC is used
to distinguish different instruments that measure the same parameter at
the same site.
VII. Pb Data Considerations
In accordance with Appendix R to 40 CFR part 50, compliance with
the Pb NAAQS is determined based on data from 36 consecutive valid 3-
month periods (i.e., 38 months, or a 3-year calendar period and the
preceding November and December). As detailed in 40 CFR part 50
Appendix R section 4(c)(i), a 3-month mean Pb value is determined to be
valid (i.e., meets data completeness requirements) if the average of
the data capture rate of the three constituent monthly means is greater
than or equal to 75 percent.
Under 40 CFR 58.15, monitoring agencies must certify, on an annual
basis, data collected at all SLAMS and at all FRM, FEM, and ARM special
purpose monitor stations that meet the EPA quality assurance
requirements. In doing so, monitoring agencies must certify that the
previous year of ambient concentration and quality assurance data are
completely submitted to AQS and that the ambient concentration data are
accurate to the best of their knowledge. Ohio EPA annually certifies
that the data it submits to AQS are quality-assured, including data
collected by Ohio EPA at the Republic Steel monitoring site.
We have evaluated the completeness of these data in accordance with
the requirements of 40 CFR part 50 Appendix R. The data collected by
Ohio EPA at the Republic Steel ambient air monitoring site meet this
completeness criterion for each 3-month period from November 2018-
December 2020.
Table 1 presents a summary of the latest available quality-assured
Pb monitoring data from the Republic Steel ambient air monitoring site.
A map showing the location of the monitor is included in the EPA's
Technical Support Document (EPA TSD), contained in the docket for this
rulemaking.
Table 1--Ambient Air Quality Monitoring Data and Pb Design Values From Ohio EPA's Republic Steel Ambient Air
Monitoring Site
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Maximum Pb 3-month rolling average * ([mu]g/ Pb design value *
m\3\) (number of complete months in ([mu]g/m\3\)
Monitor parentheses) -----------------------
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2017 2018 2019 2020 2017-2019 2018-2020
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AQS 39-151-0024: Republic Steel, 3150 0.11 (5) 0.20 (12) 0.21 (12) 0.13 (12) 0.21 0.21
Georgetown Road NE, Canton, Ohio.......
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The EPA considered the Pb NAAQS design value for the Republic Steel
ambient air monitoring site in Stark County by assessing the most
recent 3 consecutive years (i.e., 2018-2020) and two previous months of
quality-assured, certified ambient air quality data in the EPA's AQS
using data from FRM and/or FEM monitors that are sited and operated in
accordance with 40 CFR parts 50 and 58. Data collected at the Republic
Steel monitoring site indicate that the 2018-2020 design value
representative of the Stark County area is 0.21 [mu]g/m\3\. With a
design value of 0.21 [mu]g/m\3\, the Republic Steel ambient air
monitoring site shows a violation of the 2008 Pb NAAQS of 0.15 [mu]g/
m\3\ for 2018-2020.
VIII. The EPA's Intended Decision To Address Monitored Pb Violations in
the Canton, Ohio Area Through Redesignation
The CAA provides the EPA with the authority to change the
designation of, or ``redesignate,'' areas in light of changes in
circumstances. More specifically, the EPA has the authority under CAA
section 107(d)(3) to redesignate areas (or portions thereof) on the
basis of air quality data, planning and control considerations, or any
other air quality-related considerations. Stark County shows a
violation of the 2008 Pb NAAQS based on data collected during 2018-
2020, and, therefore, under CAA section 107(d)(3), the EPA can notify
the state of its intent to redesignate to nonattainment all or some of
Stark County and possibly additional areas in surrounding counties. In
this action, EPA is providing notice of its intent to redesignate only
part of Stark County to nonattainment.
Under CAA section 107(d)(3), the EPA Administrator may at any time
notify the Governor of any State that available information indicates
that the designation of any area or portion of an area within the State
should be revised. For purposes of this intended redesignations action,
EPA is following the same analytical steps applied in the initial area
designations process following promulgation of a new or revised NAAQS.
That is, under CAA section 107(d)(1)(A)(i), the statutory
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authority for initial area designations, EPA must designate as
nonattainment any area that violates the NAAQS and any nearby area that
contributes to ambient air quality in the violating area. Air quality
data from 2018-2020 indicate that ambient Pb concentrations in Stark
County do not meet the NAAQS, and, therefore, some area in Stark County
and possibly additional areas in surrounding counties must be
redesignated as nonattainment. The absence of monitored violations in
nearby counties is not a sufficient reason to eliminate nearby counties
as candidates for nonattainment status.
The technical analysis identified the monitor that was showing a
violation of the standards (``violating monitor'') and evaluated nearby
areas for contributions to ambient Pb concentrations in the area. To
determine the boundaries of an area where violations support a
nonattainment designation, the 2008 Final Rule for the Pb NAAQS adopted
guidance (2008 EPA Pb Guidance) stated that the perimeter of a county
containing the violating monitor would be the initial presumptive
boundary for nonattainment areas. If the intended boundaries are
smaller than the full county, the EPA requires a demonstration to show
that violations are not occurring in the excluded portions of the
county and that the excluded portions are not source areas that
contribute to the observed violations. To justify establishing either a
larger or smaller area, the 2008 EPA Pb Guidance indicated the
following eight factors should be considered.\14\
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\14\ 73 FR 67033 (November 12, 2008).
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(1) Air quality in potentially included versus excluded areas;
(2) Emissions in areas potentially included versus excluded from
the nonattainment area;
(3) Level of control of emission sources;
(4) Population density and degree of urbanization including
commercial development in included versus excluded areas;
(5) Expected growth (including extent, pattern, and rate of
growth);
(6) Meteorology (weather/transport patterns);
(7) Geography/topography (mountain ranges or other air basin
boundaries); and
(8) Jurisdictional boundaries (e.g., counties, air districts,
reservations, etc.).
In addition to an analysis of the eight factors above, states can
choose to recommend Pb nonattainment boundaries by using one, or a
combination of the following techniques:
Qualitative analysis;
Spatial interpolation of air quality monitoring data; or
Air quality simulation by dispersion modeling.\15\
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\15\ 73 FR 67033 (November 12, 2008).
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The EPA's detailed evaluation of the violating monitoring site,
contributing sources, and intended area boundaries based on the weight
of evidence of the previously identified factors is included in the
TSD, which is located in the docket for this intended redesignations
action. EPA's intended boundaries of the relevant area encompass the
portions of Stark County that are bounded on the north by State Route
OH-153 (12th Street NE; Mahoning Road), on the east by Broadway Avenue,
on the south by State Route OH-172 (Tucarawas Street E; Lincoln Street
E), and the west by State Route OH-43--Northbound (Cherry Avenue NE). A
map showing the boundaries of our intended nonattainment area for
Canton, Ohio is included in the TSD.
Panagiotis E. Tsirigotis,
Director, Office of Air Quality Planning & Standards.
[FR Doc. 2022-09405 Filed 5-2-22; 8:45 am]
BILLING CODE 6560-50-P