Air Quality Designations for the 2008 Lead (Pb) National Ambient Air Quality Standards, 71033-71044 [2010-29405]
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Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Rules and Regulations
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emissions from Colorado sources do not
have such an impact on other states for
purposes of the 1997 8-hour ozone
NAAQS. Therefore, the State’s SIP does
not need to include additional
substantive controls to reduce emissions
for purposes of section 110(a)(2)(D)(i)(I)
for these NAAQS. In a Federal Register
action of June 3, 2010 EPA approved
those portions of the Interstate
Transport SIP submitted by the State of
Colorado on June 18, 2009 addressing
the requirement of Section
110(a)(2)(D)(i)(I) that emissions from
sources in that State do not
‘‘significantly contribute’’ to violations
of the 1997 8-hour ozone NAAQS in any
other state.
IV. Statutory and Executive Order
Review
Under the Clean Air Act, 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, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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
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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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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 January 21, 2011.
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 in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
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71033
Dated: November 9, 2010.
Carol Rushin,
Acting Regional Administrator, Region 8.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart G—Colorado
2. Section 52.352 is revised to read as
follows:
■
§ 52.352
Interstate transport.
Addition to the Colorado State
Implementation Plan of the Colorado
Interstate Transport SIP regarding the
1997 8-Hour Ozone Standard for the
‘‘significant contribution’’ and the
‘‘interfere with maintenance’’
requirements, as adopted by the
Colorado Air Quality Control
Commission on December 30, 2008,
State effective January 30, 2009, and
submitted by the Governor’s designee
on June 18, 2009.
[FR Doc. 2010–29245 Filed 11–19–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2009–0443; FRL–9230–4]
RIN–2060–AP78
Air Quality Designations for the 2008
Lead (Pb) National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This rule establishes air
quality designations for certain areas in
the United States for the 2008 lead (Pb)
National Ambient Air Quality Standards
(NAAQS). Based on air quality
monitoring data, EPA is issuing this rule
to identify areas that do not meet the
2008 Pb NAAQS and areas that
contribute to Pb air pollution in a
nearby area that does not meet the Pb
NAAQS. EPA is deferring designation
for all other areas of the United States,
including Indian country, pending
collection and review of additional data
from recently deployed Pb monitors.
The Clean Air Act (CAA) requires areas
designated nonattainment by this rule to
undertake certain planning and
pollution control activities to attain the
standards as quickly as reasonably
possible.
SUMMARY:
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Effective Date: The effective date
of this rule is December 31, 2010.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2009–0443. All
documents in the docket are listed in
the index at https://www.regulations.gov.
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 electronically in the
docket or in hard copy at the Docket,
EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m. Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Office
DATES:
of Air and Radiation Docket and
Information Center is (202) 566–1742.
In addition, EPA has established a
Web site for this rulemaking at:
https://www.epa.gov/leaddesignations/
2008standards/. The Web
site includes EPA’s final state and tribal
designations, as well as state initial
recommendation letters, EPA
modification letters, technical support
documents, responses to comments and
other related technical information.
FOR FURTHER INFORMATION CONTACT:
Rhonda Wright, Office of Air Quality
Planning and Standards, U.S.
Environmental Protection Agency, Mail
Code C539–04, Research Triangle Park,
NC 27711, phone number (919) 541–
1087 or by e-mail at:
wright.rhonda@epa.gov; or Tom
Rosendahl, Office of Air Quality
Planning and Standards, U.S.
Environmental Protection Agency, Mail
Code C539–04, Research Triangle Park,
NC 27711, phone number (919) 541–
5314 or by e-mail at:
rosendahl.tom@epa.gov.
SUPPLEMENTARY INFORMATION:
Regional Office Contacts
Region I—Robert McConnell (617)
918–1046,
Region II—Mazeeda Khan (212) 637–
3715,
Region III—Melissa Linden (215) 814–
2096,
Region IV—Lynorae Benjamin (404)
562–9040,
Region V—Andy Chang (312) 886–
0258,
Region VI—Emad Shahin (214) 665–
6717,
Region VII—Stephanie Doolan (913)
551–7719,
Region VIII—Kevin Leone (303) 312–
6227,
Region IX—Ginger Vagenas (415)
972–3964,
Region X—Steve Body (206) 553–
0782.
The public may inspect the rule and
state-specific technical support
information at the following locations:
Regional offices
States
Dave Conroy, Chief, Air Programs Branch, EPA New England, 1 Congress Street, Suite 1100, Boston, MA 02114–2023, (617) 918–1661.
Raymond Werner, Chief, Air Programs Branch, EPA Region II, 290
Broadway, 25th Floor, New York, NY 10007–1866, (212) 637–3706.
Cristina Fernandez, Branch Chief, Air Quality Planning Branch, EPA
Region III, 1650 Arch Street, Philadelphia, PA 19103–2187, (215)
814–2178.
Richard A. Schutt, Chief, Air Planning Branch, EPA Region IV, Sam
Nunn Atlanta Federal Center, 61 Forsyth Street, SW., 12th Floor, Atlanta, GA 30303, (404) 562–9033.
Jay Bortzer, Chief, Air Programs Branch, EPA Region V, 77 West
Jackson Street, Chicago, IL 60604, (312) 886–1430.
Guy Donaldson, Chief, Air Planning Section, EPA Region VI, 1445
Ross Avenue, Dallas, TX 75202, (214) 665–7242.
Joshua A. Tapp, Chief, Air Programs Branch, EPA Region VII, 901
North 5th Street, Kansas City, KS 66101–2907, (913) 551–7606.
Monica Morales, Leader, Air Quality Planning Unit, EPA Region VIII,
U.S. EPA Region VIII, 1595 Wynkoop Street, Denver, CO 80202–
1129, (303) 312–6936.
Lisa Hanf, Air Planning Office, EPA Region IX, 75 Hawthorne Street,
San Francisco, CA 94105, (415) 972–3854.
Mahbubul Islam, Manager, State and Tribal Air Programs, EPA Region
X, Office of Air, Waste, and Toxics, Mail Code OAQ–107, 1200 Sixth
Avenue, Seattle, WA 98101, (206) 553–6985.
Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,
and Vermont.
New Jersey, New York, Puerto Rico, and Virgin Islands.
Table of Contents
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The following is an outline of the
Preamble.
I. Preamble Glossary of Terms and Acronyms
II. What is the purpose of this document?
III. What is lead?
IV. What are the health and welfare concerns
addressed by the Pb standards?
V. What are the CAA requirements for air
quality designations and what action has
EPA taken to meet these requirements?
VI. What guidance did EPA issue and how
did EPA apply the statutory
requirements and applicable guidance to
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Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and
West Virginia.
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
South Carolina, and Tennessee.
Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.
Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
Iowa, Kansas, Missouri, and Nebraska.
Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming.
American Samoa, Arizona, California, Guam, Hawaii, Nevada, and
Northern Mariana Islands.
Alaska, Idaho, Oregon, and Washington.
determine area designations and
boundaries?
VII. What air quality data has EPA used?
VIII. How do designations affect Indian
country?
IX. Where can I find information forming the
basis for this rule and exchanges
between EPA, states, and tribes related to
this rule?
X. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
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F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
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L. Judicial Review
I. Preamble Glossary of Terms and
Acronyms
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The following are abbreviations of terms
used in the preamble.
APA Administrative Procedure Act
AQS Air Quality System
CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
D.C. District of Columbia
EO Executive Order
EPA Environmental Protection Agency
FR Federal Register
FRM Federal Reference Method
IQ Intelligence Quotient
NAAQS National Ambient Air Quality
Standards
NTTAA National Technology Transfer and
Advancement Act
OMB Office of Management and Budget
Pb Lead
PM Particulate Matter
RFA Regulatory Flexibility Act
RIA Regulatory Impact Analysis
SBA Small Business Administration
SIP State Implementation Plan
UMRA Unfunded Mandate Reform Act of
1995
TAR Tribal Authority Rule
TSD Technical Support Document
TSP Total Suspended Particulate
TPY Tons Per Year
U.S. United States
VCS Voluntary Consensus Standards
II. What is the purpose of this
document?
The purpose of this action is to
announce and promulgate designations
and boundaries for areas of the country
not meeting the 2008 Pb NAAQS based
on available information, in accordance
with the requirements of the CAA. The
list of areas being designated
nonattainment in each state, and the
boundaries of each area, appear in the
table at the end of this final rule. EPA
has been working closely with the states
involved in these designations and
several steps have been taken to
announce that this rule is available. EPA
has posted the notice on several EPA
Web sites and provided a copy of the
rule to those states with nonattainment
areas.
This notice identifies the 16 areas
being designated as nonattainment areas
for the 2008 Pb NAAQS. The basis for
designating these areas as
‘‘nonattainment’’ is monitored air quality
data from calendar years 2007–2009
indicating a violation of the NAAQS.
For these areas being designated
nonattainment, states must develop a
State Implementation Plan (SIP) that
meets the requirements of section 172(c)
and 191 of the CAA and provides for
attainment of the NAAQS as
expeditiously as practicable, but no later
than December 31, 2015. These SIPs
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must be submitted to EPA within
eighteen months of the effective date of
these designations, i.e., by June 30,
2012.1
III. What is lead?
Lead (Pb) is a metal found naturally
in the environment and present in some
manufactured products. The major
sources of Pb air emissions were
historically motor vehicles (such as cars
and trucks) and industrial sources.
Motor vehicle emissions of Pb have
been dramatically reduced with the
phase-out of leaded gasoline, but Pb is
still used as an additive in general
aviation gasoline used in piston-engine
aircraft and remains a trace contaminant
in other fuels. Larger industrial sources
of Pb emissions currently include
metals processing, particularly primary
and secondary Pb smelters. Lead is also
emitted from sources such as: Iron and
steel foundries; primary and secondary
copper smelters; industrial, commercial,
and institutional boilers; waste
incinerators; glass manufacturing; and
cement manufacturing.
IV. What are the health and welfare
concerns addressed by the Pb
standards?
Lead is generally emitted in the form
of particles, which can end up being
deposited in water, soil and dust.
People may be exposed to Pb by
inhaling it, or by ingesting leadcontaminated 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. These include 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 stilldeveloping bodies are more sensitive to
the effects of Pb. Urban children are also
of particular risk if the mother is
exposed to lead. The harmful effects to
children’s developing nervous systems
(including their brains) arising from Pb
exposure may include IQ loss, poor
academic achievement, long-term
learning disabilities, and an increased
risk of delinquent behavior.
Lead is persistent in the environment
and accumulates in soils and sediments
through deposition from air sources,
direct discharge of waste streams to
water bodies, mining, and erosion.
Ecosystems near some longstanding
1 In addition, as discussed in the proposed and
final Pb NAAQS rules, all states are required to
submit SIPs pursuant to section 110(a)(1)
(‘‘infrastructure SIPs’’) within 3 years of
promulgation of the new standard.
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point sources of Pb demonstrate a wide
range of adverse effects including losses
in biodiversity, changes in community
composition, decreased growth and
reproductive rates in plants and
animals, and neurological effects in
vertebrates.
V. What are the CAA requirements for
air quality designations and what
action has EPA taken to meet these
requirements?
After the promulgation of a new or
revised NAAQS, EPA is required to
designate areas as nonattainment,
attainment, or unclassifiable, pursuant
to section 107(d)(1) of the CAA. The
Administrator signed a final rule
revising the Pb NAAQS on October 15,
2008, which was published in the
Federal Register on November 12, 2008,
and became effective January 12, 2009.
Based on the Administrator’s review of
the scientific evidence, including
numerous studies published since the
last review of the Pb NAAQS, and
taking into consideration the comments
expressed by the Clean Air Scientific
Advisory Committee and the public, the
Administrator revised the standard from
a level of 1.5 μg/m3 to a level of 0.15
μg/m3. In addition, the Administrator
changed the averaging time and form to
a rolling 3-month average evaluated
over a 3-year period. The rule also
established new requirements for Pb
monitoring networks, including the
requirement that new Pb monitors be
located in close proximity to the largest
Pb emissions sources by January 1,
2010.
The process for designating areas
following promulgation of a new or
revised NAAQS is contained in section
107(d) of the CAA. The CAA requires
EPA to complete the initial area
designation process within 2 years of
promulgating a new or revised NAAQS.
However, if the Administrator has
insufficient information to make these
designations within that time frame,
EPA has the authority to extend the
designation process by up to one
additional year. In light of the new
monitoring network which is generating
additional information that could be
used to support additional designations
in the upcoming year, EPA intends to
complete the initial area designations
for Pb in two rounds. In this rule, EPA
is completing the first round by
designating as ‘‘nonattainment’’ any area
that is violating the 2008 Pb NAAQS
based on 2007–2009 air quality data
from the pre-2010 monitoring network.
For all other areas, EPA is extending the
deadline for designations by up to 1
year so that data from the newly
deployed monitors can be considered in
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making appropriate designation
decisions. EPA intends to complete the
second round of area designations for
the Pb NAAQS no later than October 15,
2011.
By not later than 1 year after the
promulgation of a new or revised
NAAQS, each state Governor is required
to recommend air quality designations,
including the appropriate boundaries
for areas, to EPA. EPA reviews those
state recommendations and is
authorized to make any modifications
the Administrator deems necessary. The
statute does not define the term
‘‘necessary,’’ but EPA interprets this to
authorize the Administrator to modify
designations that did not meet the
statutory requirements or were
otherwise inconsistent with the facts or
analysis deemed appropriate by EPA. If
EPA is considering modifications to a
state’s initial recommendation, EPA is
required to notify the state of any such
intended modifications to its
recommendation not less than 120 days
prior to EPA’s promulgation of the final
designation. If the state does not agree
with EPA’s modification, it then has an
opportunity to respond to EPA and to
demonstrate why it believes the
modification proposed by EPA is
inappropriate, as contemplated by
section 107(d)(1)(B)(ii). Even if a state
fails to provide any recommendation for
an area, in whole or in part, EPA still
must promulgate a designation that the
Administrator deems appropriate,
pursuant to section 107(d)(1)(B)(ii).
Section 107(d)(1)(A)(i) of the CAA
defines a nonattainment area as any area
that does not meet an ambient air
quality standard or that is contributing
to ambient air quality in a nearby area
that does not meet the standard. If an
area meets either prong of this
definition, then EPA is obligated to
designate the area as ‘‘nonattainment.’’
Section 107(d)(1)(A)(iii) provides that
any area that EPA cannot designate on
the basis of available information as
meeting or not meeting the standards
should be designated as ‘‘unclassifiable.’’
EPA believes that section 107(d)
provides the Agency with discretion to
determine how best to interpret the
terms in the definition of a
nonattainment area (e.g., ‘‘contributes
to’’ and ‘‘nearby’’) for a new or revised
NAAQS, given considerations such as
the nature of a specific pollutant, the
types of sources that may contribute to
violations, the form of the standards for
the pollutant, and other relevant
information. In particular, EPA believes
that the statute does not require the
Agency to establish bright line tests or
thresholds for what constitutes
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contribution or nearby for purposes of
designations.2
Similarly, EPA believes that the
statute permits EPA to evaluate the
appropriate application of the term
‘‘area’’ to include geographic areas based
upon full or partial county boundaries,
and contiguous or non-contiguous areas,
as may be appropriate for a particular
NAAQS. For example, section
107(d)(1)(B)(ii) explicitly provides that
EPA can make modifications to
designation recommendations for an
area ‘‘or portions thereof,’’ and under
section 107(d)(1)(B)(iv), a designation
remains in effect for an area ‘‘or portion
thereof’’ until EPA redesignates it.
Designation activities for federallyrecognized tribes are covered under the
authority of section 301(d) of the CAA.
This provision of the CAA authorizes
EPA to treat eligible tribes in a similar
manner as states. Pursuant to section
301(d)(2), we promulgated regulations,
known as the Tribal Authority Rule
(TAR), on February 12, 1999. 63 FR
7254, codified at 40 CFR 49 (1999). That
rule specifies those provisions of the
CAA for which it is appropriate to treat
tribes in a similar manner as states.
Under the TAR, tribes may choose to
develop and implement their own CAA
programs, but are not required to do so.
The TAR also establishes procedures
and criteria by which tribes may request
from EPA a determination of eligibility
for such treatment. The designations
process contained in section 107(d) of
the CAA is included among those
provisions determined to be appropriate
by EPA for treatment of tribes in the
same manner as states. Under the TAR,
tribes generally are not subject to the
same submission schedules imposed by
the CAA on states. As authorized by the
TAR, tribes may seek eligibility to
submit designation recommendations to
EPA. In addition, CAA section 301(d)(4)
gives EPA discretionary authority, in
cases where it determines that treatment
of tribes as identical to states is
‘‘inappropriate or administratively
infeasible,’’ to provide for direct
administration by regulation to achieve
the appropriate purpose.
To date, one tribe has applied under
the TAR for eligibility to submit its own
recommendations under section 107(d).
Nonetheless, EPA invited all tribes to
submit recommendations concerning
designations for the 2008 Pb NAAQS.
EPA worked with the tribes that
requested an opportunity to submit
designation recommendations. Tribes
were provided an opportunity to submit
their own recommendations and
2 This view was confirmed in Catawba County v.
EPA, 571 F.3d 20 (D.C. Cir. 2009).
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supporting documentation and could
also comment on state
recommendations and EPA
modifications.
Designation recommendations and
supporting documentation were
submitted by most states and a few
tribes to EPA by October 15, 2009. After
receiving recommendations from states
and tribes, and after reviewing and
evaluating each recommendation, EPA
provided a response to the states and
tribes on June 15, 2010. In these letter
responses, we indicated whether EPA
intended to make modifications to the
initial state or tribal recommendations
and explained EPA’s reasons for making
any such modifications. EPA requested
that states and tribes respond to any
proposed EPA modifications by August
16, 2010. We received comments from
some states suggesting changes to EPA’s
proposed modifications and providing
additional information. EPA evaluated
these comments, and all of the timely
supporting technical information
provided. As a result, some of the final
designations reflect further
modifications to the initial state and
tribal recommendations. The state and
tribal letters, including the initial
recommendations, and EPA’s June 2010
responses to those letters, including any
modifications, and the subsequent state
and tribal comment letters are in the
docket for this action.
Although not required by section
107(d) of the CAA, EPA also provided
an opportunity for members of the
public to comment on EPA’s June 2010
response letters. In order to gather
additional information for EPA to
consider before making final
designations, EPA published a notice on
July 8, 2010 (75 FR 39254) which
invited the public to comment on EPA’s
intended designations. In that notice,
EPA provided the opportunity to all
interested parties other than states and
tribes to submit comments by August
16, 2010. State and tribal initial
recommendations and EPA’s responses,
including modifications, were posted on
a publically accessible Web Site
(https://www.epa.gov/leaddesignations/
2008standards/). Timely
comments from the public and EPA’s
responses to significant comments are in
the docket for this action.
VI. What guidance did EPA issue and
how did EPA apply the statutory
requirements and applicable guidance
to determine area designations and
boundaries?
In the notice of proposed rulemaking
for the revised Pb NAAQS (73 FR
29184), EPA issued proposed guidance
on its approach to implementing the
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standard, including its approach to
initial area designations. EPA solicited
comment on that guidance and, in the
notice of final rulemaking (73 FR
66964), adopted guidance concerning
how to determine the boundaries for
nonattainment areas for the Pb
NAAQS.3 In that guidance EPA
recommended that monitoring data from
the three most recent calendar years be
used to identify a violation of the Pb
NAAQS. This is appropriate because the
form of the Pb NAAQS is calculated
over 36 consecutive valid 3-month site
means (specifically for a 3 calendar year
period and the 2 previous months).4
EPA is basing these final designations
on monitored Pb concentrations from
Federal Reference Method (FRM)
monitors from calendar years 2007–
2009. EPA notes that data from 2006–
2008 were the most recent data available
to states when states made their
recommendations to EPA. Accordingly,
although the determination of whether
an area violates the standard was based
on 2007–2009 data, EPA considered
state recommendations and data from
2006–2008 as appropriate in
determining boundaries for
nonattainment areas.
In the guidance, EPA stated that the
perimeter of a county containing a
violating monitor would be the initial
presumptive boundary for
nonattainment areas, but also stated that
the state, tribe and/or EPA could
conduct additional area specific
analyses that could justify establishing
either a larger or smaller area. EPA
indicated that the following factors
should be considered in an analysis of
whether to exclude portions of a county
and whether to include additional
nearby areas outside the county as part
of the designated nonattainment area:
(1) Emissions in areas potentially
included versus excluded from the
nonattainment area; (2) Air quality in
potentially included versus excluded
areas; (3) Population density and degree
of urbanization including commercial
development in included versus
excluded areas; (4) Expected growth
(including extent, pattern and rate of
growth); (5) Meteorology (weather/
transport patterns); (6) Geography/
topography (mountain ranges or other
air basin boundaries); (7) Jurisdictional
boundaries (e.g., counties, air districts,
3 See also, ‘‘Area Designations for the Revised
Lead National Ambient Air Quality Standards,’’
memorandum to Regional Administrators, Regions
I–X, from William Harnett, dated August 21, 2009.
4 For convenience, this notice refers to the period
of 3 calendar years and the 2 previous months
simply as 3 calendar years. Thus, monitoring for
‘‘calendar years 2007–2009’’ includes data from
November 2006 through December 2009.
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reservations, etc.); and (8) Level of
control of emission sources. EPA further
indicated that we would consider
information provided by the state
resulting from one or more of the
following techniques: (1) Qualitative
analysis; (2) spatial interpolation of air
quality monitoring data; or (3) air
quality simulation by dispersion
modeling.
EPA received comments on the
proposed guidance suggesting that
violations of the Pb NAAQS were likely
to occur in close proximity to stationary
sources of Pb. In response, EPA
indicated that it agreed that Pb
emissions do not generally transport
over long distances (e.g., as compared to
fine particulate matter), and that in
situations where a single source, rather
than multiple sources, is causing a
NAAQS violation, EPA believes that a
state may well be able to use areaspecific analyses to determine whether
a nonattainment area that is smaller
than the county boundary is
appropriate.
EPA found that states did use the
factors and the variety of techniques
identified by EPA in making
recommendations for nonattainment
areas smaller than the county. In
recommending boundaries, EPA and
states began with monitors that recorded
a violation of the 2008 Pb NAAQS. As
provided in Appendix R to 40 CFR part
50, all valid Pb-TSP data and all valid
Pb-PM10 data measured by a FRM or
equivalent method submitted to EPA’s
Air Quality System (AQS), or otherwise
available to EPA, and meeting the
requirements of 40 CFR part 58,
including Appendices A, C, and E are
used in design value calculations.5 In
some cases, states requested
unclassifiable designations for areas
around monitors with a design value
exceeding the standard. EPA does not
believe such a designation would be
consistent with the requirements of the
CAA when we have valid data
supporting a designation of
nonattainment.
For areas with a violating monitor, the
designated nonattainment area must
encompass the entire area that does not
meet, and any nearby area that
contributes to ambient air quality in the
area that does not meet, the 2008 Pb
NAAQS. Given the sources and
characteristics of Pb emissions, states
and EPA generally found factors such as
emissions, air quality and meteorology
to be particularly relevant in
5 A design value is the air quality value that is
compared to the NAAQS to determine compliance.
For the Pb NAAQS, the design value is the highest
3-month site mean of daily Pb concentrations over
36 consecutive 3-month means for 3 calendar years.
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71037
determining appropriate boundaries,
while factors such as population density
and expected growth were not as
relevant for the 2008 Pb NAAQS, and
thus did not play a significant role in
determining boundaries. In some cases,
states made a judgment that it was
important to follow jurisdictional
boundaries, particularly where
jurisdictional boundaries smaller than a
county exist. In other cases, states chose
to rely primarily on air dispersion
modeling to determine the
recommended boundaries for
nonattainment areas. In each case, EPA
reviewed the state recommendations
and, for the most part, EPA has accepted
the state’s recommendations; however,
where EPA felt that changes were
necessary to a state’s initial
recommendation, we conveyed those
issues to the state and have worked with
the state to revise the boundaries.
VII. What air quality data has EPA
used?
The final Pb designations contained
in this action are based upon air quality
monitoring data from calendar years
2007–2009. Some stakeholders have
requested that EPA delay designations,
or designate areas unclassifiable, by not
considering all relevant data (e.g.,
excluding 2007 or 2008 data) in making
designation decisions. As discussed
previously, the form of the standard
requires comparison of monitoring
values from 36 three-month rolling
averages (i.e., 3 years, plus 2 preceding
months). Thus, a violation will have
generally occurred if any of the 36 threemonth average concentrations of either
Pb-TSP or Pb-PM10 exceeds the level of
the NAAQS, and a finding of
compliance will require that all 36
three-month averages of Pb-TSP be at or
below the level of the NAAQS.6
Moreover, pursuant to the CAA, EPA is
making designations as expeditiously as
practicable. Accordingly, where
sufficient data from 2007–2009 are
available to support a nonattainment
designation, EPA does not have
discretion to postpone designations or
to exclude certain years from
consideration in considering whether
monitored data results in a violation of
the Pb NAAQS pursuant to 40 CFR
50.16. Section 107(d) requires EPA to
designate areas as nonattainment if
sufficient data exist to support such a
designation. EPA can only delay
designations for up to one extra year if
we do not have sufficient data to make
6 For additional details on how to determine
when the 2008 Pb NAAQS have been met, see 40
CFR part 50, Appendix R.
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a designation within the prescribed 2year period.
rule does not establish any new
information collection.
VIII. How do designations affect Indian
country?
C. Regulatory Flexibility Act
This final rule is not subject to the
Regulatory Flexibility Act (RFA), which
generally requires an agency to prepare
a regulatory flexibility analysis for any
rule that will have a significant
economic impact on a substantial
number of small entities. The RFA
applies only to rules subject to noticeand-comment rulemaking requirements
under the Administrative Procedure Act
(APA) or any other statute. This rule is
not subject to notice-and-comment
requirements under the APA or any
other statute because the rule is not
subject to the APA and is subject to
CAA section 107(d)(2)(B), which does
not require that the Agency issue a
notice of proposed rulemaking before
issuing this rule.
All counties, partial counties or Air
Quality Control Regions listed in the
table at the end of this document are
designated as indicated. For the first
round of Pb designations, EPA is only
designating nonattainment areas. There
are no areas in Indian country being
designated nonattainment at this time.
IX. Where can I find information
forming the basis for this rule and
exchanges between EPA, states, and
tribes related to this rule?
Information providing the basis for
this action and related decisions are
provided in the technical support
documents (TSDs), response to
comments document, and other
information in the docket. The TSDs,
applicable EPA guidance memoranda,
copies of correspondence regarding this
process between EPA and the states,
tribes, and other parties, and EPA’s
responses to comments, are available for
review at the EPA Docket Center listed
above in the addresses section of this
document and on our designation Web
site at https://www.epa.gov/
leaddesignations/2008standards/
index.html. State specific information is
available from the EPA Regional Offices.
X. Statutory and Executive Order
Reviews
Upon promulgation of a new or
revised NAAQS, the CAA requires EPA
to designate areas as attaining or not
attaining the NAAQS. The CAA then
specifies requirements for areas based
on whether such areas are attaining or
not attaining the NAAQS. In this final
rule, EPA assigns designations to areas
as required.
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and is therefore
not subject to review under the EO.
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B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. Burden is
defined at 5 CFR 1320.3(b). This rule
responds to the requirement to
promulgate air quality designations after
promulgation of a NAAQS. This
requirement is prescribed in the CAA
section 107 of title 1. The present final
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D. Unfunded Mandates Reform Act
This action contains no federal
mandate under the provisions of Title II
of the Unfunded Mandates Reform Act
of 1995 (UMRA), 2 U.S.C. 1531–1538 for
state, local, or tribal governments or the
private sector. The action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
Therefore, this action is not subject to
the requirements of sections 202 and
205 of the UMRA.
This action is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. It
does not create any additional
requirements beyond those of the CAA
and Pb NAAQS (40 CFR 50.16);
therefore, no UMRA analysis is needed.
This rule establishes nonattainment
designations for certain areas of the
country for the Pb NAAQS. The CAA
requires states to develop plans,
including control measures, based on
the designations for areas within the
state.
One mandate that may apply as a
consequence of this action to all
designated nonattainment areas is the
requirement under CAA section 176(c)
and associated regulations to
demonstrate general conformity of
federal actions to SIPs. These rules
apply to federal agencies making
conformity determinations. The EPA
concludes that such conformity
determinations will not cost $100
million or more in the aggregate.
The EPA believes that any new
controls imposed as a result of this
action will not cost in the aggregate
$100 million or more annually. Thus,
this federal action will not impose
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mandates that will require expenditures
of $100 million or more in the aggregate
in any one year.
Nonetheless, EPA carried out
consultation with government entities
affected by this rule, including states,
tribal governments, and local air
pollution control agencies.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
meaningful and timely input by state
and local officials in the development of
regulatory policies that have federalism
implications. ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the states, or the relationship
between the national government and
the states, or on the distribution of
power and responsibilities among the
various levels of government.’’
This final rule does not have
federalism implications. It will not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. The CAA
establishes the process whereby states
take primary responsibility in
developing plans to meet the Pb
NAAQS. This rule will not modify the
relationship of the states and EPA for
purposes of developing programs to
implement the Pb NAAQS. Thus,
Executive Order 13132 does not apply
to this rule.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 2, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have Tribal
implications.’’ This action does not have
tribal implications, as specified in
Executive Order 13175 (65 FR 67249,
November 9, 2000). This rule concerns
the designation of areas as attainment
and nonattainment for the Pb NAAQS.
The CAA provides for states and eligible
tribes to develop plans to regulate
emissions of air pollutants within their
areas based on their designations. The
TAR provides tribes the opportunity to
apply for eligibility to develop and
implement CAA programs such as
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programs to attain and maintain the Pb
NAAQS, but it leaves to the discretion
of the tribe the decision of whether to
apply to develop these programs and
which programs, or appropriate
elements of a program, the tribe will
seek to adopt. This rule does not have
a substantial direct effect on one or
more Indian tribes. It does not create
any additional requirements beyond
those of the Pb NAAQS (40 CFR section
50.16). This rule establishes the
designation for certain areas of the
country for the Pb NAAQS but no areas
in Indian country are being designated
under this rule. Additionally, no tribe
has implemented a CAA program to
attain the Pb NAAQS at this time.
Furthermore, this rule does not affect
the relationship or distribution of power
and responsibilities between the federal
government and Indian tribes. The CAA
and the TAR establish the relationship
of the federal government and tribes in
developing plans to attain the NAAQS,
and this rule does nothing to modify
that relationship. Because this rule does
not have tribal implications, Executive
Order 13175 does not apply.
Although Executive Order 13175 does
not apply to this rule, EPA
communicated with tribal leaders and
environmental staff regarding the
designations process. EPA also sent
individualized letters to all federally
recognized tribes to explain the
designation process for the 2008 Pb
NAAQS, to provide the EPA
designations guidance, and to offer
consultation with EPA. EPA provided
further information to tribes through
presentations at the National Tribal
Forum and through participation in
National Tribal Air Association
conference calls. EPA also sent
individualized letters to all federally
recognized tribes that submitted
recommendations to EPA about EPA’s
intended designations for the Pb
standards and offered tribal leaders the
opportunity for consultation. These
communications provided opportunities
for tribes to voice concerns to EPA about
the general designations process for the
Pb NAAQS, as well as concerns specific
to a tribe, and informed EPA about key
tribal concerns regarding designations
as the rule was under development.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The action is not subject to Executive
Order 13045 (62 FR 19885, April 23,
1997) because it is not economically
significant as defined in Executive
Order 12866. However, the protection
offered by the Pb NAAQS may be
especially important for children
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because neurological effects in children
are among if not the most sensitive
health endpoints for Pb exposure.
Because children are considered a
sensitive population, in setting the Pb
NAAQS we carefully evaluated the
environmental health effects of
exposure to Pb pollution among
children. These effects and the size of
the population affected are summarized
in the EPA’s 2006 Air Quality Criteria
Document for Pb and in the proposed
and final Pb NAAQS rules. (https://
www.epa.gov/airquality/lead/fr/
20081112.pdf)
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA of 1995,
Public Law 104–113, section 12(d) (15
U.S.C. 272 note) directs EPA to use
voluntary consensus standards (VCS) in
its regulatory activities unless to do so
would be inconsistent with applicable
law or otherwise impracticable.
Voluntary consensus standards are
technical standards (e.g., materials
specifications, test methods, sampling
procedures, and business practices) that
are developed or adopted by VCS
bodies. The NTTAA directs EPA to
provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable VCS.
This action does not involve technical
standards. Therefore, EPA did not
consider the use of any VCS.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations.
Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the U.S.
The EPA has determined that this
final rule will not have
disproportionately high and adverse
human health or environmental effects
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71039
on any population, including minority
or low-income populations.
K. Congressional Review Act
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 U.S. The EPA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the U.S. 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). This rule will be effective
December 31, 2010.
L. Judicial Review
Section 307(b)(1) of the CAA indicates
which Federal Courts of Appeal have
venue for petitions of review of final
actions by EPA. This section provides,
in part, that petitions for review must be
filed in the Court of Appeals for the
District of Columbia Circuit: (i) When
the agency action consists of ‘‘nationally
applicable regulations promulgated, or
final actions taken, by the
Administrator,’’ or (ii) when such action
is locally or regionally applicable, if
‘‘such action is based on a determination
of nationwide scope or effect and if in
taking such action the Administrator
finds and publishes that such action is
based on such a determination.’’
This rule designating areas for the
2008 Pb NAAQS is ‘‘nationally
applicable’’ within the meaning of
section 307(b)(1). This rule establishes
designations for areas across the U.S. for
the 2008 Pb NAAQS. At the core of this
rulemaking is EPA’s interpretation of
the definition of nonattainment under
section 107(d)(1) of the CAA, and its
application of that interpretation to
areas across the country.
For the same reasons, the
Administrator also is determining that
the final designations are of nationwide
scope and effect for the purposes of
section 307(b)(1). This is particularly
appropriate because, in the report on the
1977 Amendments that revised section
307(b)(1) of the CAA, Congress noted
that the Administrator’s determination
that an action is of ‘‘nationwide scope or
effect’’ would be appropriate for any
action that has a scope or effect beyond
a single judicial circuit. H.R. Rep. No.
95–294 at 323, 324, reprinted in 1977
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U.S.C.C.A.N. 1402–03. Here, the scope
and effect of this rulemaking extends to
numerous judicial circuits since the
designations apply to areas across the
country. In these circumstances, section
307(b)(1) and its legislative history calls
for the Administrator to find the rule to
be of ‘‘nationwide scope or effect’’ and
for venue to be in the DC Circuit.
Thus, any petitions for review of final
designations must be filed in the Court
of Appeals for the District of Columbia
Circuit within 60 days from the date
final action is published in the Federal
Register.
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: November 16, 2010.
Lisa P. Jackson,
Administrator.
PART 81—DESIGNATIONS OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
For the reasons set forth in the
preamble, 40 CFR Part 81, is amended
as follows:
■
Subpart C—Section 107 Attainment
Status Designations
2. Section 81.301 is amended by
revising the table for ‘‘Alabama—Lead’’
to read as follows:
■
§ 81.301
*
*
Alabama.
*
*
*
ALABAMA—LEAD
Designation for the 1978 NAAQS a
Designation for the 2008 NAAQS
Date 1
Type
Date 2
........................
Attainment ........................
........................
Designated area
Troy, AL:
Pike County (part) ...............................................
Area is bounded by a 0.8 mile radius from a
center point at latitude 31.78627106 North
and longitude 85.97862228 West, which fully
includes the Sanders Lead Facility.
Type
Nonattainment.
a Includes
Indian country located in each county or area, except as otherwise specified.
date is 90 days after March 7, 1995, unless otherwise noted.
2 This date is December 31, 2010, unless otherwise noted.
1 This
*
*
*
*
*
3. Section 81.305 is amended by
adding the table for ‘‘California—Lead’’
■
at the end of the section to read as
follows:
§ 81.305
*
*
California.
*
*
*
CALIFORNIA—LEAD
Designation for the 1978 NAAQS a
Designation for the 2008 NAAQS
Date 1
Type
Date 2
........................
Unclassifiable/Attainment
........................
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Designation area
Los Angeles County—South Coast Air Basin, CA:
Los Angeles County (part) ..................................
That portion of Los Angeles County which
lies south and west of line described as
follows:
Beginning at the Los Angeles-San
Bernardino County boundary and running
west along the Township line common to
Township 3 North and Township 2 North,
San Bernardino Base and Meridian;
then North along the range line common to
Range 8 West and Range 9 West;
then west along the Township line common
to Township 4 North and Township 3
North;.
then north along the range line common to
Range 12 West and Range 13 West to
the southeast corner of Section 12,
Township 5 North and Range 13 West;
then west along the south boundaries of
Sections 12, 11, 10, 9, 8, and 7, Township 5 North and Range 13 West to the
boundary of the Angeles National Forest
which is collinear with the range line
common to Range 13 West and Range
14 West;
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Type
Nonattainment.
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71041
CALIFORNIA—LEAD—Continued
Designation for the 1978 NAAQS a
Designation for the 2008 NAAQS
Date 1
Date 2
Designation area
Type
Type
then north and west along the Angeles National Forest boundary to the point of
intersection with the Township line common to Township 7 North and Township
6 North (point is at the northwest corner
of Section 4 in Township 6 North and
Range 14 West);
then west along the Township line common
to Township 7 North and Township 6
North;
then north along the range line common to
Range 15 West and Range 16 West to
the southeast corner of Section 13,
Township 7 North and Range 16 West;
then along the south boundaries of Sections 13, 14, 15, 16, 17 and 18, Township 7 North and Range 16 West;
then north along the range line common to
Range 16 West and Range 17 West to
the north boundary of the Angeles National Forest (collinear with the Township
line common to Township 8 North and
Township 7 North);
then west and north along the Angeles National Forest boundary to the point of
intersection with the south boundary of
the Rancho La Liebre Land Grant;
then west and north along this land grant
boundary to the Los Angeles-Kern County boundary.
a Includes
1 This
2 This
Indian country located in each county or area, except as otherwise specified.
date is 90 days after November 6, 1991, unless otherwise noted.
date is December 31, 2010, unless otherwise noted.
4. Section 81.310 is amended by
revising the table for ‘‘Florida—Lead’’ to
read as follows:
■
§ 81.310
*
*
Florida.
*
*
*
FLORIDA—LEAD
Designation for the 1978 NAAQS a
Designation for the 2008 NAAQS
Date 1
Date 2
Designated area
Tampa, FL:
Hillsborough County (part) ..................................
........................
Type
Unclassifiable/Not Designated.
........................
Type
Nonattainment.
Area is bounded by a 1.5 km radius centered at UTM coordinates 364104 meters,
3093830 meters N, Zone 17, which surrounds the EnviroFocus Technologies
Facility.
a Includes
1 This
2 This
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*
*
Indian country located in each county or area, except as otherwise specified.
date is 90 days after November 6, 1991, unless otherwise noted.
date is December 31, 2010, unless otherwise noted.
*
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*
*
16:51 Nov 19, 2010
5. Section 81.314 is amended by
adding the table for ‘‘Illinois—Lead’’ to
the end of the section to read as follows:
■
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§ 81.314
*
E:\FR\FM\22NOR1.SGM
*
Illinois.
*
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*
*
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ILLINOIS—LEAD
Designation for the 1978 NAAQS a
Designation for the 2008 NAAQS
Date 1
Type
Date 2
........................
Unclassifiable/Attainment
........................
Designated area
Granite City, IL:
Madison County (part) .........................................
Area is bounded by Granite City Township
and Venice Township.
Type
Nonattainment.
a Includes
1 This
2 This
Indian country located in each county or area, except as otherwise specified.
date is 90 days after November 6, 1991, unless otherwise noted.
date is December 31, 2010, unless otherwise noted.
6. Section 81.315 is amended by
revising the table for ‘‘Indiana—Lead’’ to
read as follows:
■
§ 81.315
*
*
Indiana.
*
*
*
INDIANA—LEAD
Designation for the 1978 NAAQS a
Designation for the 2008 NAAQS
Date 1
Type
Date 2
........................
Not Designated ................
........................
Designated area
Muncie, IN:
Delaware County (part).
A portion of the City of Muncie, Indiana
bounded to the North by West 26th
Street/Hines Road, to the east by Cowan
Road, to the south by West Fuson Road,
and to West by a line running south from
the eastern edge of Victory Temple’s
driveway to South Hoyt Avenue and then
along South Hoyt Avenue.
Type
Nonattainment.
a Includes
Indian country located in each county or area, except as otherwise specified.
date is 90 days after November 6, 1991, unless otherwise noted.
2 This date is December 31, 2010, unless otherwise noted.
1 This
*
*
*
*
*
7. Section 81.324 is amended by
revising the table for ‘‘Minnesota—Lead’’
to read as follows:
■
§ 81.324
*
*
Minnesota.
*
*
*
MINNESOTA—LEAD
Designation for the 1978 NAAQS a
Designation for the 2008 NAAQS
Date 1
Type
Date 2
........................
Attainment ........................
........................
Designation area
Eagan, MN:
Dakota County (part) ...........................................
Portions of Dakotacounty that are bounded by: Lone
Oak Rd. (County Rd. 26) to the north, County Rd.
63 to the east, Wescott Rd. to the south, and Lexington Ave. (County Rd. 43) to the west
Type
Nonattainment.
a Includes
1 This
2 This
*
*
Indian country located in each county or area, except as otherwise specified.
date is 90 days after December 19, 1994, unless otherwise noted.
date is December 31, 2010, unless otherwise noted.
*
*
*
8. Section 81.326 is amended by
revising the table for ‘‘Missouri—Lead’’
to read as follows:
■
§ 81.326
*
*
Missouri.
*
*
*
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MISSOURI—LEAD
Designation for the 1978 NAAQS a
Designation for the 2008 NAAQS
Date 1
Type
Date 2
........................
Unclassifiable/Attainment
........................
Designation area
Iron, MO:
Dent County (part) ...............................................
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Type
Nonattainment.
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Rules and Regulations
71043
MISSOURI—LEAD—Continued
Designation for the 1978 NAAQS a
Designation for the 2008 NAAQS
Date 1
Type
Date 2
........................
..........................................
........................
........................
........................
Unclassifiable/Attainment
..........................................
........................
........................
Nonattainment.
Nonattainment.
........................
........................
Unclassifiable/Attainment
..........................................
........................
........................
Nonattainment.
1/6/92
Nonattainment ..................
........................
Nonattainment.
Designation area
Sections 4, 9, 16, 21, 28, 33 of T34N,
R2W..
Iron County (part) ................................................
Sections 6–7, 18–19, 30–32 of T34N, R1W
and Sections 1–3, 10–15, 22–27, 34–36
of T34N, R2W.
Reynolds County (part) .......................................
Sections 5–7 of T33N, R1W and Sections
1–3, 10–12 of T33N, R2W.
Jefferson County, MO:
Jefferson County (part) Within city limits of
Herculaneum.
Type
a Includes
1 This
2 This
*
Indian country located in each county or area, except as otherwise specified.
date is 90 days after November 6, 1991, unless otherwise noted.
date is December 31, 2010, unless otherwise noted.
*
*
*
*
9. Section 81.336 is amended by
revising the table for ‘‘Ohio—Lead’’ to
read as follows:
■
§ 81.336
*
*
Ohio.
*
*
*
OHIO—LEAD
Designation for the 1978 NAAQS a
Designation for the 2008 NAAQS
Date 1
Type
Date 2
........................
Not Designated ................
........................
Nonattainment.
........................
Not Designated ................
........................
Nonattainment.
........................
Not Designated ................
........................
Nonattainment.
Designation area
Bellefontaine, OH:
Logan County (part) The portions of Logan
County that are bounded by: sections 27, 28,
33, and 34 of Lake Township.
Cleveland, OH:
Cuyahoga County (part) The portions of Cuyahoga County that are bounded on the west by
Washington Park Blvd./Crete Ave./East 49th
St., on the east by East 71st St., on the north
by Fleet Ave., and on the south by Grant Ave.
Delta, OH:
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.
Type
a Includes
1 This
2 This
Indian country located in each county or area, except as otherwise specified.
date is 90 days after November 6, 1991, unless otherwise noted.
date is December 31, 2010, unless otherwise noted.
*
*
*
*
*
10. Section 81.339 is amended by
adding the table for ‘‘Pennsylvania—
■
Lead’’ to the end of the section to read
as follows:
§ 81.339
*
*
Pennsylvania.
*
*
*
PENNSYLVANIA—LEAD
Designation for the 1978 NAAQS a
Designation for the 2008 NAAQS
Date 1
Type
Date 2
........................
........................
Unclassifiable/Attainment
..........................................
........................
........................
Nonattainment
........................
........................
Unclassifiable/Attainment
..........................................
........................
........................
Nonattainment.
........................
Unclassifiable/Attainment
........................
Nonattainment.
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Designated area
Lower Beaver Valley, PA:
Beaver County (part) ...........................................
Area is bounded by Potter Township and
Vanport Township.
Lyons, PA:
Berks County (part) .............................................
Area is bounded by Kutztown Borough,
Lyons Borough, Maxatawny Township
and Richmond Township.
North Reading, PA:
Berks County (part) .............................................
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71044
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Rules and Regulations
PENNSYLVANIA—LEAD—Continued
Designation for the 1978 NAAQS a
Designation for the 2008 NAAQS
Date 1
Type
Date 2
........................
..........................................
........................
Designated area
Area is bounded by Alsace Township,
Laureldale Borough, and Muhlenberg
Township.
Type
a Includes
1 This
2 This
Indian country located in each county or area, except as otherwise specified.
date is 90 days after November 6, 1991, unless otherwise noted.
date is December 31, 2010, unless otherwise noted.
11. Section 81.343 is amended by
revising the table for ‘‘Tennessee—Lead’’
to read as follows:
■
§ 81.343
*
Tennessee.
*
*
*
*
TENNESSEE—LEAD
Designation for the 1978 NAAQS a
Designation for the 2008 NAAQS
Date 1
Type
Date 2
........................
Not Designated ................
........................
Designated area
Bristol, TN:
Sullivan County (part) Area is bounded by a
1.25 km radius surrounding the UTM coordinates 4042923 meters E, 386267 meters N,
Zone 17, which surrounds the Exide Technologies Facility.
Type
Nonattainment.
a Includes
Indian country located in each county or area, except as otherwise specified.
date is 90 days after November 6, 1991, unless otherwise noted.
2 This date is December 31, 2010, unless otherwise noted.
1 This
*
*
*
*
*
12. Section 81.344 is amended by
revising the table for ‘‘Texas—Lead’’ to
read as follows:
■
§ 81.344
*
Texas.
*
*
*
*
TEXAS—LEAD
Designation for the 1978 NAAQS a
Designation for the 2008 NAAQS
Date 1
Type
Date 2
Attainment ........................
........................
Designated area
Frisco, TX:
Collin County (part) The area immediately surrounding the Exide Technologies battery recycling plant in Frisco, bounded to the north by
latitude 33.153 North, to the east by longitude
96.822 West, to the south by latitude 33.131
North, and to the west by longitude 96.837
West.
12/13/99
Type
Nonattainment.
a Includes
1 This
2 This
Indian country located in each county or area, except as otherwise specified.
date is 90 days after November 6, 1991, unless otherwise noted.
date is December 31, 2010, unless otherwise noted.
[FR Doc. 2010–29405 Filed 11–19–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
jlentini on DSKJ8SOYB1PROD with RULES
[DA 10–2118; MB Docket No. 08–86;
RM–11432; RM–11607]
Radio Broadcasting Services;
Onekama, MI
Federal Communications
Commission.
AGENCY:
ACTION:
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The Audio Division, at the
request of Northern Radio of Michigan,
Inc., in its counterproposal, allots FM
Channel 227A at Onekama, Michigan, as
a first local aural service. Channel 227A
can be allotted at Onekama, consistent
with the minimum distance separation
requirements of the Commission’s rules,
at coordinates 44–21–48 NL and 86–12–
18 WL, without site restriction. The
Government of Canada has concurred in
the allotment, which is required because
the proposed allotment is located within
320 kilometers (199 miles) of the U.S.-
SUMMARY:
E:\FR\FM\22NOR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Rules and Regulations]
[Pages 71033-71044]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29405]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2009-0443; FRL-9230-4]
RIN-2060-AP78
Air Quality Designations for the 2008 Lead (Pb) National Ambient
Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule establishes air quality designations for certain
areas in the United States for the 2008 lead (Pb) National Ambient Air
Quality Standards (NAAQS). Based on air quality monitoring data, EPA is
issuing this rule to identify areas that do not meet the 2008 Pb NAAQS
and areas that contribute to Pb air pollution in a nearby area that
does not meet the Pb NAAQS. EPA is deferring designation for all other
areas of the United States, including Indian country, pending
collection and review of additional data from recently deployed Pb
monitors. The Clean Air Act (CAA) requires areas designated
nonattainment by this rule to undertake certain planning and pollution
control activities to attain the standards as quickly as reasonably
possible.
[[Page 71034]]
DATES: Effective Date: The effective date of this rule is December 31,
2010.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2009-0443. All documents in the docket are
listed in the index at https://www.regulations.gov. 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 electronically in the docket or in hard
copy at the Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the Office of Air and Radiation Docket and
Information Center is (202) 566-1742.
In addition, EPA has established a Web site for this rulemaking at:
https://www.epa.gov/leaddesignations/2008standards/. The Web
site includes EPA's final state and tribal designations, as well as
state initial recommendation letters, EPA modification letters,
technical support documents, responses to comments and other related
technical information.
FOR FURTHER INFORMATION CONTACT: Rhonda Wright, Office of Air Quality
Planning and Standards, U.S. Environmental Protection Agency, Mail Code
C539-04, Research Triangle Park, NC 27711, phone number (919) 541-1087
or by e-mail at: wright.rhonda@epa.gov; or Tom Rosendahl, Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Mail Code C539-04, Research Triangle Park, NC 27711, phone number (919)
541-5314 or by e-mail at: rosendahl.tom@epa.gov.
SUPPLEMENTARY INFORMATION:
Regional Office Contacts
Region I--Robert McConnell (617) 918-1046,
Region II--Mazeeda Khan (212) 637-3715,
Region III--Melissa Linden (215) 814-2096,
Region IV--Lynorae Benjamin (404) 562-9040,
Region V--Andy Chang (312) 886-0258,
Region VI--Emad Shahin (214) 665-6717,
Region VII--Stephanie Doolan (913) 551-7719,
Region VIII--Kevin Leone (303) 312-6227,
Region IX--Ginger Vagenas (415) 972-3964,
Region X--Steve Body (206) 553-0782.
The public may inspect the rule and state-specific technical
support information at the following locations:
------------------------------------------------------------------------
Regional offices States
------------------------------------------------------------------------
Dave Conroy, Chief, Air Programs Connecticut, Maine,
Branch, EPA New England, 1 Congress Massachusetts, New Hampshire,
Street, Suite 1100, Boston, MA 02114- Rhode Island, and Vermont.
2023, (617) 918-1661.
Raymond Werner, Chief, Air Programs New Jersey, New York, Puerto
Branch, EPA Region II, 290 Broadway, Rico, and Virgin Islands.
25th Floor, New York, NY 10007-1866,
(212) 637-3706.
Cristina Fernandez, Branch Chief, Air Delaware, District of Columbia,
Quality Planning Branch, EPA Region Maryland, Pennsylvania,
III, 1650 Arch Street, Philadelphia, Virginia, and West Virginia.
PA 19103-2187, (215) 814-2178.
Richard A. Schutt, Chief, Air Planning Alabama, Florida, Georgia,
Branch, EPA Region IV, Sam Nunn Kentucky, Mississippi, North
Atlanta Federal Center, 61 Forsyth Carolina, South Carolina, and
Street, SW., 12th Floor, Atlanta, GA Tennessee.
30303, (404) 562-9033.
Jay Bortzer, Chief, Air Programs Illinois, Indiana, Michigan,
Branch, EPA Region V, 77 West Jackson Minnesota, Ohio, and
Street, Chicago, IL 60604, (312) 886- Wisconsin.
1430.
Guy Donaldson, Chief, Air Planning Arkansas, Louisiana, New
Section, EPA Region VI, 1445 Ross Mexico, Oklahoma, and Texas.
Avenue, Dallas, TX 75202, (214) 665-
7242.
Joshua A. Tapp, Chief, Air Programs Iowa, Kansas, Missouri, and
Branch, EPA Region VII, 901 North 5th Nebraska.
Street, Kansas City, KS 66101-2907,
(913) 551-7606.
Monica Morales, Leader, Air Quality Colorado, Montana, North
Planning Unit, EPA Region VIII, U.S. Dakota, South Dakota, Utah,
EPA Region VIII, 1595 Wynkoop Street, and Wyoming.
Denver, CO 80202-1129, (303) 312-6936.
Lisa Hanf, Air Planning Office, EPA American Samoa, Arizona,
Region IX, 75 Hawthorne Street, San California, Guam, Hawaii,
Francisco, CA 94105, (415) 972-3854. Nevada, and Northern Mariana
Islands.
Mahbubul Islam, Manager, State and Alaska, Idaho, Oregon, and
Tribal Air Programs, EPA Region X, Washington.
Office of Air, Waste, and Toxics, Mail
Code OAQ-107, 1200 Sixth Avenue,
Seattle, WA 98101, (206) 553-6985.
------------------------------------------------------------------------
Table of Contents
The following is an outline of the Preamble.
I. Preamble Glossary of Terms and Acronyms
II. What is the purpose of this document?
III. What is lead?
IV. What are the health and welfare concerns addressed by the Pb
standards?
V. What are the CAA requirements for air quality designations and
what action has EPA taken to meet these requirements?
VI. What guidance did EPA issue and how did EPA apply the statutory
requirements and applicable guidance to determine area designations
and boundaries?
VII. What air quality data has EPA used?
VIII. How do designations affect Indian country?
IX. Where can I find information forming the basis for this rule and
exchanges between EPA, states, and tribes related to this rule?
X. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
[[Page 71035]]
L. Judicial Review
I. Preamble Glossary of Terms and Acronyms
The following are abbreviations of terms used in the preamble.
APA Administrative Procedure Act
AQS Air Quality System
CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
D.C. District of Columbia
EO Executive Order
EPA Environmental Protection Agency
FR Federal Register
FRM Federal Reference Method
IQ Intelligence Quotient
NAAQS National Ambient Air Quality Standards
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
Pb Lead
PM Particulate Matter
RFA Regulatory Flexibility Act
RIA Regulatory Impact Analysis
SBA Small Business Administration
SIP State Implementation Plan
UMRA Unfunded Mandate Reform Act of 1995
TAR Tribal Authority Rule
TSD Technical Support Document
TSP Total Suspended Particulate
TPY Tons Per Year
U.S. United States
VCS Voluntary Consensus Standards
II. What is the purpose of this document?
The purpose of this action is to announce and promulgate
designations and boundaries for areas of the country not meeting the
2008 Pb NAAQS based on available information, in accordance with the
requirements of the CAA. The list of areas being designated
nonattainment in each state, and the boundaries of each area, appear in
the table at the end of this final rule. EPA has been working closely
with the states involved in these designations and several steps have
been taken to announce that this rule is available. EPA has posted the
notice on several EPA Web sites and provided a copy of the rule to
those states with nonattainment areas.
This notice identifies the 16 areas being designated as
nonattainment areas for the 2008 Pb NAAQS. The basis for designating
these areas as ``nonattainment'' is monitored air quality data from
calendar years 2007-2009 indicating a violation of the NAAQS. For these
areas being designated nonattainment, states must develop a State
Implementation Plan (SIP) that meets the requirements of section 172(c)
and 191 of the CAA and provides for attainment of the NAAQS as
expeditiously as practicable, but no later than December 31, 2015.
These SIPs must be submitted to EPA within eighteen months of the
effective date of these designations, i.e., by June 30, 2012.\1\
---------------------------------------------------------------------------
\1\ In addition, as discussed in the proposed and final Pb NAAQS
rules, all states are required to submit SIPs pursuant to section
110(a)(1) (``infrastructure SIPs'') within 3 years of promulgation
of the new standard.
---------------------------------------------------------------------------
III. What is lead?
Lead (Pb) is a metal found naturally in the environment and present
in some manufactured products. The major sources of Pb air emissions
were historically motor vehicles (such as cars and trucks) and
industrial sources. Motor vehicle emissions of Pb have been
dramatically reduced with the phase-out of leaded gasoline, but Pb is
still used as an additive in general aviation gasoline used in piston-
engine aircraft and remains a trace contaminant in other fuels. Larger
industrial sources of Pb emissions currently include metals processing,
particularly primary and secondary Pb smelters. Lead is also emitted
from sources such as: Iron and steel foundries; primary and secondary
copper smelters; industrial, commercial, and institutional boilers;
waste incinerators; glass manufacturing; and cement manufacturing.
IV. What are the health and welfare concerns addressed by the Pb
standards?
Lead is generally emitted in the form of particles, which can end
up being deposited in water, soil and dust. People may be exposed to Pb
by inhaling it, or by ingesting lead-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. These include
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. Urban children are also of particular
risk if the mother is exposed to lead. The harmful effects to
children's developing nervous systems (including their brains) arising
from Pb exposure may include IQ loss, poor academic achievement, long-
term learning disabilities, and an increased risk of delinquent
behavior.
Lead is persistent in the environment and accumulates in soils and
sediments through deposition from air sources, direct discharge of
waste streams to water bodies, mining, and erosion. Ecosystems near
some longstanding point sources of Pb demonstrate a wide range of
adverse effects including losses in biodiversity, changes in community
composition, decreased growth and reproductive rates in plants and
animals, and neurological effects in vertebrates.
V. What are the CAA requirements for air quality designations and what
action has EPA taken to meet these requirements?
After the promulgation of a new or revised NAAQS, EPA is required
to designate areas as nonattainment, attainment, or unclassifiable,
pursuant to section 107(d)(1) of the CAA. The Administrator signed a
final rule revising the Pb NAAQS on October 15, 2008, which was
published in the Federal Register on November 12, 2008, and became
effective January 12, 2009. Based on the Administrator's review of the
scientific evidence, including numerous studies published since the
last review of the Pb NAAQS, and taking into consideration the comments
expressed by the Clean Air Scientific Advisory Committee and the
public, the Administrator revised the standard from a level of 1.5
[micro]g/m\3\ to a level of 0.15 [micro]g/m\3\. In addition, the
Administrator changed the averaging time and form to a rolling 3-month
average evaluated over a 3-year period. The rule also established new
requirements for Pb monitoring networks, including the requirement that
new Pb monitors be located in close proximity to the largest Pb
emissions sources by January 1, 2010.
The process for designating areas following promulgation of a new
or revised NAAQS is contained in section 107(d) of the CAA. The CAA
requires EPA to complete the initial area designation process within 2
years of promulgating a new or revised NAAQS. However, if the
Administrator has insufficient information to make these designations
within that time frame, EPA has the authority to extend the designation
process by up to one additional year. In light of the new monitoring
network which is generating additional information that could be used
to support additional designations in the upcoming year, EPA intends to
complete the initial area designations for Pb in two rounds. In this
rule, EPA is completing the first round by designating as
``nonattainment'' any area that is violating the 2008 Pb NAAQS based on
2007-2009 air quality data from the pre-2010 monitoring network. For
all other areas, EPA is extending the deadline for designations by up
to 1 year so that data from the newly deployed monitors can be
considered in
[[Page 71036]]
making appropriate designation decisions. EPA intends to complete the
second round of area designations for the Pb NAAQS no later than
October 15, 2011.
By not later than 1 year after the promulgation of a new or revised
NAAQS, each state Governor is required to recommend air quality
designations, including the appropriate boundaries for areas, to EPA.
EPA reviews those state recommendations and is authorized to make any
modifications the Administrator deems necessary. The statute does not
define the term ``necessary,'' but EPA interprets this to authorize the
Administrator to modify designations that did not meet the statutory
requirements or were otherwise inconsistent with the facts or analysis
deemed appropriate by EPA. If EPA is considering modifications to a
state's initial recommendation, EPA is required to notify the state of
any such intended modifications to its recommendation not less than 120
days prior to EPA's promulgation of the final designation. If the state
does not agree with EPA's modification, it then has an opportunity to
respond to EPA and to demonstrate why it believes the modification
proposed by EPA is inappropriate, as contemplated by section
107(d)(1)(B)(ii). Even if a state fails to provide any recommendation
for an area, in whole or in part, EPA still must promulgate a
designation that the Administrator deems appropriate, pursuant to
section 107(d)(1)(B)(ii).
Section 107(d)(1)(A)(i) of the CAA defines a nonattainment area as
any area that does not meet an ambient air quality standard or that is
contributing to ambient air quality in a nearby area that does not meet
the standard. If an area meets either prong of this definition, then
EPA is obligated to designate the area as ``nonattainment.'' Section
107(d)(1)(A)(iii) provides that any area that EPA cannot designate on
the basis of available information as meeting or not meeting the
standards should be designated as ``unclassifiable.''
EPA believes that section 107(d) provides the Agency with
discretion to determine how best to interpret the terms in the
definition of a nonattainment area (e.g., ``contributes to'' and
``nearby'') for a new or revised NAAQS, given considerations such as
the nature of a specific pollutant, the types of sources that may
contribute to violations, the form of the standards for the pollutant,
and other relevant information. In particular, EPA believes that the
statute does not require the Agency to establish bright line tests or
thresholds for what constitutes contribution or nearby for purposes of
designations.\2\
---------------------------------------------------------------------------
\2\ This view was confirmed in Catawba County v. EPA, 571 F.3d
20 (D.C. Cir. 2009).
---------------------------------------------------------------------------
Similarly, EPA believes that the statute permits EPA to evaluate
the appropriate application of the term ``area'' to include geographic
areas based upon full or partial county boundaries, and contiguous or
non-contiguous areas, as may be appropriate for a particular NAAQS. For
example, section 107(d)(1)(B)(ii) explicitly provides that EPA can make
modifications to designation recommendations for an area ``or portions
thereof,'' and under section 107(d)(1)(B)(iv), a designation remains in
effect for an area ``or portion thereof'' until EPA redesignates it.
Designation activities for federally-recognized tribes are covered
under the authority of section 301(d) of the CAA. This provision of the
CAA authorizes EPA to treat eligible tribes in a similar manner as
states. Pursuant to section 301(d)(2), we promulgated regulations,
known as the Tribal Authority Rule (TAR), on February 12, 1999. 63 FR
7254, codified at 40 CFR 49 (1999). That rule specifies those
provisions of the CAA for which it is appropriate to treat tribes in a
similar manner as states. Under the TAR, tribes may choose to develop
and implement their own CAA programs, but are not required to do so.
The TAR also establishes procedures and criteria by which tribes may
request from EPA a determination of eligibility for such treatment. The
designations process contained in section 107(d) of the CAA is included
among those provisions determined to be appropriate by EPA for
treatment of tribes in the same manner as states. Under the TAR, tribes
generally are not subject to the same submission schedules imposed by
the CAA on states. As authorized by the TAR, tribes may seek
eligibility to submit designation recommendations to EPA. In addition,
CAA section 301(d)(4) gives EPA discretionary authority, in cases where
it determines that treatment of tribes as identical to states is
``inappropriate or administratively infeasible,'' to provide for direct
administration by regulation to achieve the appropriate purpose.
To date, one tribe has applied under the TAR for eligibility to
submit its own recommendations under section 107(d). Nonetheless, EPA
invited all tribes to submit recommendations concerning designations
for the 2008 Pb NAAQS. EPA worked with the tribes that requested an
opportunity to submit designation recommendations. Tribes were provided
an opportunity to submit their own recommendations and supporting
documentation and could also comment on state recommendations and EPA
modifications.
Designation recommendations and supporting documentation were
submitted by most states and a few tribes to EPA by October 15, 2009.
After receiving recommendations from states and tribes, and after
reviewing and evaluating each recommendation, EPA provided a response
to the states and tribes on June 15, 2010. In these letter responses,
we indicated whether EPA intended to make modifications to the initial
state or tribal recommendations and explained EPA's reasons for making
any such modifications. EPA requested that states and tribes respond to
any proposed EPA modifications by August 16, 2010. We received comments
from some states suggesting changes to EPA's proposed modifications and
providing additional information. EPA evaluated these comments, and all
of the timely supporting technical information provided. As a result,
some of the final designations reflect further modifications to the
initial state and tribal recommendations. The state and tribal letters,
including the initial recommendations, and EPA's June 2010 responses to
those letters, including any modifications, and the subsequent state
and tribal comment letters are in the docket for this action.
Although not required by section 107(d) of the CAA, EPA also
provided an opportunity for members of the public to comment on EPA's
June 2010 response letters. In order to gather additional information
for EPA to consider before making final designations, EPA published a
notice on July 8, 2010 (75 FR 39254) which invited the public to
comment on EPA's intended designations. In that notice, EPA provided
the opportunity to all interested parties other than states and tribes
to submit comments by August 16, 2010. State and tribal initial
recommendations and EPA's responses, including modifications, were
posted on a publically accessible Web Site (https://www.epa.gov/leaddesignations/2008standards/). Timely comments from the
public and EPA's responses to significant comments are in the docket
for this action.
VI. What guidance did EPA issue and how did EPA apply the statutory
requirements and applicable guidance to determine area designations and
boundaries?
In the notice of proposed rulemaking for the revised Pb NAAQS (73
FR 29184), EPA issued proposed guidance on its approach to implementing
the
[[Page 71037]]
standard, including its approach to initial area designations. EPA
solicited comment on that guidance and, in the notice of final
rulemaking (73 FR 66964), adopted guidance concerning how to determine
the boundaries for nonattainment areas for the Pb NAAQS.\3\ In that
guidance EPA recommended that monitoring data from the three most
recent calendar years be used to identify a violation of the Pb NAAQS.
This is appropriate because the form of the Pb NAAQS is calculated over
36 consecutive valid 3-month site means (specifically for a 3 calendar
year period and the 2 previous months).\4\ EPA is basing these final
designations on monitored Pb concentrations from Federal Reference
Method (FRM) monitors from calendar years 2007-2009. EPA notes that
data from 2006-2008 were the most recent data available to states when
states made their recommendations to EPA. Accordingly, although the
determination of whether an area violates the standard was based on
2007-2009 data, EPA considered state recommendations and data from
2006-2008 as appropriate in determining boundaries for nonattainment
areas.
---------------------------------------------------------------------------
\3\ See also, ``Area Designations for the Revised Lead National
Ambient Air Quality Standards,'' memorandum to Regional
Administrators, Regions I-X, from William Harnett, dated August 21,
2009.
\4\ For convenience, this notice refers to the period of 3
calendar years and the 2 previous months simply as 3 calendar years.
Thus, monitoring for ``calendar years 2007-2009'' includes data from
November 2006 through December 2009.
---------------------------------------------------------------------------
In the guidance, EPA stated that the perimeter of a county
containing a violating monitor would be the initial presumptive
boundary for nonattainment areas, but also stated that the state, tribe
and/or EPA could conduct additional area specific analyses that could
justify establishing either a larger or smaller area. EPA indicated
that the following factors should be considered in an analysis of
whether to exclude portions of a county and whether to include
additional nearby areas outside the county as part of the designated
nonattainment area: (1) Emissions in areas potentially included versus
excluded from the nonattainment area; (2) Air quality in potentially
included versus excluded areas; (3) Population density and degree of
urbanization including commercial development in included versus
excluded areas; (4) Expected growth (including extent, pattern and rate
of growth); (5) Meteorology (weather/transport patterns); (6)
Geography/topography (mountain ranges or other air basin boundaries);
(7) Jurisdictional boundaries (e.g., counties, air districts,
reservations, etc.); and (8) Level of control of emission sources. EPA
further indicated that we would consider information provided by the
state resulting from one or more of the following techniques: (1)
Qualitative analysis; (2) spatial interpolation of air quality
monitoring data; or (3) air quality simulation by dispersion modeling.
EPA received comments on the proposed guidance suggesting that
violations of the Pb NAAQS were likely to occur in close proximity to
stationary sources of Pb. In response, EPA indicated that it agreed
that Pb emissions do not generally transport over long distances (e.g.,
as compared to fine particulate matter), and that in situations where a
single source, rather than multiple sources, is causing a NAAQS
violation, EPA believes that a state may well be able to use area-
specific analyses to determine whether a nonattainment area that is
smaller than the county boundary is appropriate.
EPA found that states did use the factors and the variety of
techniques identified by EPA in making recommendations for
nonattainment areas smaller than the county. In recommending
boundaries, EPA and states began with monitors that recorded a
violation of the 2008 Pb NAAQS. As provided in Appendix R to 40 CFR
part 50, all valid Pb-TSP data and all valid Pb-PM10 data
measured by a FRM or equivalent method submitted to EPA's Air Quality
System (AQS), or otherwise available to EPA, and meeting the
requirements of 40 CFR part 58, including Appendices A, C, and E are
used in design value calculations.\5\ In some cases, states requested
unclassifiable designations for areas around monitors with a design
value exceeding the standard. EPA does not believe such a designation
would be consistent with the requirements of the CAA when we have valid
data supporting a designation of nonattainment.
---------------------------------------------------------------------------
\5\ A design value is the air quality value that is compared to
the NAAQS to determine compliance. For the Pb NAAQS, the design
value is the highest 3-month site mean of daily Pb concentrations
over 36 consecutive 3-month means for 3 calendar years.
---------------------------------------------------------------------------
For areas with a violating monitor, the designated nonattainment
area must encompass the entire area that does not meet, and any nearby
area that contributes to ambient air quality in the area that does not
meet, the 2008 Pb NAAQS. Given the sources and characteristics of Pb
emissions, states and EPA generally found factors such as emissions,
air quality and meteorology to be particularly relevant in determining
appropriate boundaries, while factors such as population density and
expected growth were not as relevant for the 2008 Pb NAAQS, and thus
did not play a significant role in determining boundaries. In some
cases, states made a judgment that it was important to follow
jurisdictional boundaries, particularly where jurisdictional boundaries
smaller than a county exist. In other cases, states chose to rely
primarily on air dispersion modeling to determine the recommended
boundaries for nonattainment areas. In each case, EPA reviewed the
state recommendations and, for the most part, EPA has accepted the
state's recommendations; however, where EPA felt that changes were
necessary to a state's initial recommendation, we conveyed those issues
to the state and have worked with the state to revise the boundaries.
VII. What air quality data has EPA used?
The final Pb designations contained in this action are based upon
air quality monitoring data from calendar years 2007-2009. Some
stakeholders have requested that EPA delay designations, or designate
areas unclassifiable, by not considering all relevant data (e.g.,
excluding 2007 or 2008 data) in making designation decisions. As
discussed previously, the form of the standard requires comparison of
monitoring values from 36 three-month rolling averages (i.e., 3 years,
plus 2 preceding months). Thus, a violation will have generally
occurred if any of the 36 three-month average concentrations of either
Pb-TSP or Pb-PM10 exceeds the level of the NAAQS, and a
finding of compliance will require that all 36 three-month averages of
Pb-TSP be at or below the level of the NAAQS.\6\ Moreover, pursuant to
the CAA, EPA is making designations as expeditiously as practicable.
Accordingly, where sufficient data from 2007-2009 are available to
support a nonattainment designation, EPA does not have discretion to
postpone designations or to exclude certain years from consideration in
considering whether monitored data results in a violation of the Pb
NAAQS pursuant to 40 CFR 50.16. Section 107(d) requires EPA to
designate areas as nonattainment if sufficient data exist to support
such a designation. EPA can only delay designations for up to one extra
year if we do not have sufficient data to make
[[Page 71038]]
a designation within the prescribed 2-year period.
---------------------------------------------------------------------------
\6\ For additional details on how to determine when the 2008 Pb
NAAQS have been met, see 40 CFR part 50, Appendix R.
---------------------------------------------------------------------------
VIII. How do designations affect Indian country?
All counties, partial counties or Air Quality Control Regions
listed in the table at the end of this document are designated as
indicated. For the first round of Pb designations, EPA is only
designating nonattainment areas. There are no areas in Indian country
being designated nonattainment at this time.
IX. Where can I find information forming the basis for this rule and
exchanges between EPA, states, and tribes related to this rule?
Information providing the basis for this action and related
decisions are provided in the technical support documents (TSDs),
response to comments document, and other information in the docket. The
TSDs, applicable EPA guidance memoranda, copies of correspondence
regarding this process between EPA and the states, tribes, and other
parties, and EPA's responses to comments, are available for review at
the EPA Docket Center listed above in the addresses section of this
document and on our designation Web site at https://www.epa.gov/leaddesignations/2008standards/. State specific information
is available from the EPA Regional Offices.
X. Statutory and Executive Order Reviews
Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate areas as attaining or not attaining the NAAQS. The CAA
then specifies requirements for areas based on whether such areas are
attaining or not attaining the NAAQS. In this final rule, EPA assigns
designations to areas as required.
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This rule responds to the
requirement to promulgate air quality designations after promulgation
of a NAAQS. This requirement is prescribed in the CAA section 107 of
title 1. The present final rule does not establish any new information
collection.
C. Regulatory Flexibility Act
This final rule is not subject to the Regulatory Flexibility Act
(RFA), which generally requires an agency to prepare a regulatory
flexibility analysis for any rule that will have a significant economic
impact on a substantial number of small entities. The RFA applies only
to rules subject to notice-and-comment rulemaking requirements under
the Administrative Procedure Act (APA) or any other statute. This rule
is not subject to notice-and-comment requirements under the APA or any
other statute because the rule is not subject to the APA and is subject
to CAA section 107(d)(2)(B), which does not require that the Agency
issue a notice of proposed rulemaking before issuing this rule.
D. Unfunded Mandates Reform Act
This action contains no federal mandate under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for state, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any state, local or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 and 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. It does not create
any additional requirements beyond those of the CAA and Pb NAAQS (40
CFR 50.16); therefore, no UMRA analysis is needed. This rule
establishes nonattainment designations for certain areas of the country
for the Pb NAAQS. The CAA requires states to develop plans, including
control measures, based on the designations for areas within the state.
One mandate that may apply as a consequence of this action to all
designated nonattainment areas is the requirement under CAA section
176(c) and associated regulations to demonstrate general conformity of
federal actions to SIPs. These rules apply to federal agencies making
conformity determinations. The EPA concludes that such conformity
determinations will not cost $100 million or more in the aggregate.
The EPA believes that any new controls imposed as a result of this
action will not cost in the aggregate $100 million or more annually.
Thus, this federal action will not impose mandates that will require
expenditures of $100 million or more in the aggregate in any one year.
Nonetheless, EPA carried out consultation with government entities
affected by this rule, including states, tribal governments, and local
air pollution control agencies.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
meaningful and timely input by state and local officials in the
development of regulatory policies that have federalism implications.
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the states, or the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The CAA establishes the process
whereby states take primary responsibility in developing plans to meet
the Pb NAAQS. This rule will not modify the relationship of the states
and EPA for purposes of developing programs to implement the Pb NAAQS.
Thus, Executive Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 2, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have Tribal implications.'' This action does not have
tribal implications, as specified in Executive Order 13175 (65 FR
67249, November 9, 2000). This rule concerns the designation of areas
as attainment and nonattainment for the Pb NAAQS. The CAA provides for
states and eligible tribes to develop plans to regulate emissions of
air pollutants within their areas based on their designations. The TAR
provides tribes the opportunity to apply for eligibility to develop and
implement CAA programs such as
[[Page 71039]]
programs to attain and maintain the Pb NAAQS, but it leaves to the
discretion of the tribe the decision of whether to apply to develop
these programs and which programs, or appropriate elements of a
program, the tribe will seek to adopt. This rule does not have a
substantial direct effect on one or more Indian tribes. It does not
create any additional requirements beyond those of the Pb NAAQS (40 CFR
section 50.16). This rule establishes the designation for certain areas
of the country for the Pb NAAQS but no areas in Indian country are
being designated under this rule. Additionally, no tribe has
implemented a CAA program to attain the Pb NAAQS at this time.
Furthermore, this rule does not affect the relationship or distribution
of power and responsibilities between the federal government and Indian
tribes. The CAA and the TAR establish the relationship of the federal
government and tribes in developing plans to attain the NAAQS, and this
rule does nothing to modify that relationship. Because this rule does
not have tribal implications, Executive Order 13175 does not apply.
Although Executive Order 13175 does not apply to this rule, EPA
communicated with tribal leaders and environmental staff regarding the
designations process. EPA also sent individualized letters to all
federally recognized tribes to explain the designation process for the
2008 Pb NAAQS, to provide the EPA designations guidance, and to offer
consultation with EPA. EPA provided further information to tribes
through presentations at the National Tribal Forum and through
participation in National Tribal Air Association conference calls. EPA
also sent individualized letters to all federally recognized tribes
that submitted recommendations to EPA about EPA's intended designations
for the Pb standards and offered tribal leaders the opportunity for
consultation. These communications provided opportunities for tribes to
voice concerns to EPA about the general designations process for the Pb
NAAQS, as well as concerns specific to a tribe, and informed EPA about
key tribal concerns regarding designations as the rule was under
development.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in Executive Order 12866. However, the protection offered by the Pb
NAAQS may be especially important for children because neurological
effects in children are among if not the most sensitive health
endpoints for Pb exposure. Because children are considered a sensitive
population, in setting the Pb NAAQS we carefully evaluated the
environmental health effects of exposure to Pb pollution among
children. These effects and the size of the population affected are
summarized in the EPA's 2006 Air Quality Criteria Document for Pb and
in the proposed and final Pb NAAQS rules. (https://www.epa.gov/airquality/lead/fr/20081112.pdf)
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA of 1995, Public Law 104-113, section
12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus
standards (VCS) in its regulatory activities unless to do so would be
inconsistent with applicable law or otherwise impracticable. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by VCS bodies. The NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable VCS.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any VCS.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations.
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the U.S.
The EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on any population, including minority or low-income
populations.
K. Congressional Review Act
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
U.S. The EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the U.S. 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). This rule will be effective December 31, 2010.
L. Judicial Review
Section 307(b)(1) of the CAA indicates which Federal Courts of
Appeal have venue for petitions of review of final actions by EPA. This
section provides, in part, that petitions for review must be filed in
the Court of Appeals for the District of Columbia Circuit: (i) When the
agency action consists of ``nationally applicable regulations
promulgated, or final actions taken, by the Administrator,'' or (ii)
when such action is locally or regionally applicable, if ``such action
is based on a determination of nationwide scope or effect and if in
taking such action the Administrator finds and publishes that such
action is based on such a determination.''
This rule designating areas for the 2008 Pb NAAQS is ``nationally
applicable'' within the meaning of section 307(b)(1). This rule
establishes designations for areas across the U.S. for the 2008 Pb
NAAQS. At the core of this rulemaking is EPA's interpretation of the
definition of nonattainment under section 107(d)(1) of the CAA, and its
application of that interpretation to areas across the country.
For the same reasons, the Administrator also is determining that
the final designations are of nationwide scope and effect for the
purposes of section 307(b)(1). This is particularly appropriate
because, in the report on the 1977 Amendments that revised section
307(b)(1) of the CAA, Congress noted that the Administrator's
determination that an action is of ``nationwide scope or effect'' would
be appropriate for any action that has a scope or effect beyond a
single judicial circuit. H.R. Rep. No. 95-294 at 323, 324, reprinted in
1977
[[Page 71040]]
U.S.C.C.A.N. 1402-03. Here, the scope and effect of this rulemaking
extends to numerous judicial circuits since the designations apply to
areas across the country. In these circumstances, section 307(b)(1) and
its legislative history calls for the Administrator to find the rule to
be of ``nationwide scope or effect'' and for venue to be in the DC
Circuit.
Thus, any petitions for review of final designations must be filed
in the Court of Appeals for the District of Columbia Circuit within 60
days from the date final action is published in the Federal Register.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: November 16, 2010.
Lisa P. Jackson,
Administrator.
0
For the reasons set forth in the preamble, 40 CFR Part 81, is amended
as follows:
PART 81--DESIGNATIONS OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C--Section 107 Attainment Status Designations
0
2. Section 81.301 is amended by revising the table for ``Alabama--
Lead'' to read as follows:
Sec. 81.301 Alabama.
* * * * *
Alabama--Lead
----------------------------------------------------------------------------------------------------------------
Designation for the 1978 NAAQS \a\ Designation for the 2008 NAAQS
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Troy, AL:
Pike County (part)............ .............. Attainment........... .............. Nonattainment.
Area is bounded by a 0.8 mile
radius from a center point at
latitude 31.78627106 North
and longitude 85.97862228
West, which fully includes
the Sanders Lead Facility.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after March 7, 1995, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.
* * * * *
0
3. Section 81.305 is amended by adding the table for ``California--
Lead'' at the end of the section to read as follows:
Sec. 81.305 California.
* * * * *
California--Lead
----------------------------------------------------------------------------------------------------------------
Designation for the 1978 NAAQS \a\ Designation for the 2008 NAAQS
Designation area -----------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Los Angeles County--South Coast
Air Basin, CA:
Los Angeles County (part)..... .............. Unclassifiable/ .............. Nonattainment.
Attainment.
That portion of Los
Angeles County which lies
south and west of line
described as follows:
Beginning at the Los
Angeles-San Bernardino
County boundary and
running west along the
Township line common to
Township 3 North and
Township 2 North, San
Bernardino Base and
Meridian;
then North along the range
line common to Range 8
West and Range 9 West;
then west along the
Township line common to
Township 4 North and
Township 3 North;.
then north along the range
line common to Range 12
West and Range 13 West to
the southeast corner of
Section 12, Township 5
North and Range 13 West;
then west along the south
boundaries of Sections
12, 11, 10, 9, 8, and 7,
Township 5 North and
Range 13 West to the
boundary of the Angeles
National Forest which is
collinear with the range
line common to Range 13
West and Range 14 West;
[[Page 71041]]
then north and west along
the Angeles National
Forest boundary to the
point of intersection
with the Township line
common to Township 7
North and Township 6
North (point is at the
northwest corner of
Section 4 in Township 6
North and Range 14 West);
then west along the
Township line common to
Township 7 North and
Township 6 North;
then north along the range
line common to Range 15
West and Range 16 West to
the southeast corner of
Section 13, Township 7
North and Range 16 West;
then along the south
boundaries of Sections
13, 14, 15, 16, 17 and
18, Township 7 North and
Range 16 West;
then north along the range
line common to Range 16
West and Range 17 West to
the north boundary of the
Angeles National Forest
(collinear with the
Township line common to
Township 8 North and
Township 7 North);
then west and north along
the Angeles National
Forest boundary to the
point of intersection
with the south boundary
of the Rancho La Liebre
Land Grant;
then west and north along
this land grant boundary
to the Los Angeles-Kern
County boundary.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after November 6, 1991, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.
0
4. Section 81.310 is amended by revising the table for ``Florida--
Lead'' to read as follows:
Sec. 81.310 Florida.
* * * * *
Florida--Lead
----------------------------------------------------------------------------------------------------------------
Designation for the 1978 NAAQS a Designation for the 2008 NAAQS
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Tampa, FL:
Hillsborough County (part).... .............. Unclassifiable/Not .............. Nonattainment.
Designated.
Area is bounded by a 1.5
km radius centered at UTM
coordinates 364104
meters, 3093830 meters N,
Zone 17, which surrounds
the EnviroFocus
Technologies Facility .
----------------------------------------------------------------------------------------------------------------
a Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after November 6, 1991, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.
* * * * *
0
5. Section 81.314 is amended by adding the table for ``Illinois--Lead''
to the end of the section to read as follows:
Sec. 81.314 Illinois.
* * * * *
[[Page 71042]]
Illinois--Lead
----------------------------------------------------------------------------------------------------------------
Designation for the 1978 NAAQS \a\ Designation for the 2008 NAAQS
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Granite City, IL:
Madison County (part)......... .............. Unclassifiable/ .............. Nonattain ment.
Attainment.
Area is bounded by Granite
City Township and Venice
Township.
----------------------------------------------------------------------------------------------------------------
a Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after November 6, 1991, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.
0
6. Section 81.315 is amended by revising the table for ``Indiana--
Lead'' to read as follows:
Sec. 81.315 Indiana.
* * * * *
Indiana--Lead
----------------------------------------------------------------------------------------------------------------
Designation for the 1978 NAAQS a Designation for the 2008 NAAQS
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Muncie, IN:
Delaware County (part)........
A portion of the City of .............. Not Designated....... .............. Nonattain ment.
Muncie, Indiana bounded
to the North by West 26th
Street/Hines Road, to the
east by Cowan Road, to
the south by West Fuson
Road, and to West by a
line running south from
the eastern edge of
Victory Temple's driveway
to South Hoyt Avenue and
then along South Hoyt
Avenue.
----------------------------------------------------------------------------------------------------------------
a Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after November 6, 1991, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.
* * * * *
0
7. Section 81.324 is amended by revising the table for ``Minnesota--
Lead'' to read as follows:
Sec. 81.324 Minnesota.
* * * * *
Minnesota--Lead
----------------------------------------------------------------------------------------------------------------
Designation for the 1978 NAAQS \a\ Designation for the 2008 NAAQS
Designation area -----------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Eagan, MN:
Dakota County (part).......... .............. Attainment........... .............. Nonattainment.
Portions of Dakotacounty that are
bounded by: Lone Oak Rd. (County
Rd. 26) to the north, County Rd.
63 to the east, Wescott Rd. to
the south, and Lexington Ave.
(County Rd. 43) to the west
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after December 19, 1994, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.
* * * * *
0
8. Section 81.326 is amended by revising the table for ``Missouri--
Lead'' to read as follows:
Sec. 81.326 Missouri.
* * * * *
Missouri--Lead
----------------------------------------------------------------------------------------------------------------
Designation for the 1978 NAAQS \a\ Designation for the 2008 NAAQS
Designation area -----------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Iron, MO:
Dent County (part)............ .............. Unclassifiable/ .............. Nonattainment.
Attainment.
[[Page 71043]]
Sections 4, 9, 16, 21, 28, .............. ..................... .............. .....................
33 of T34N, R2W..
Iron County (part)............ .............. Unclassifiable/ .............. Nonattainment.
Attainment.
Sections 6-7, 18-19, 30-32 .............. ..................... .............. Nonattainment.
of T34N, R1W and Sections
1-3, 10-15, 22-27, 34-36
of T34N, R2W.
Reynolds County (part)........ .............. Unclassifiable/ .............. Nonattainment.
Attainment.
Sections 5-7 of T33N, R1W .............. ..................... .............. .....................
and Sections 1-3, 10-12
of T33N, R2W.
Jefferson County, MO:
Jefferson County (part) Within 1/6/92 Nonattainment........ .............. Nonattainment.
city limits of Herculaneum.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after November 6, 1991, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.
* * * * *
0
9. Section 81.336 is amended by revising the table for ``Ohio--Lead''
to read as follows:
Sec. 81.336 Ohio.
* * * * *
Ohio--Lead
----------------------------------------------------------------------------------------------------------------
Designation for the 1978 NAAQS \a\ Designation for the 2008 NAAQS
Designation area -----------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Bellefontaine, OH:
Logan County (part) The .............. Not Designated....... .............. Nonattainment.
portions of Logan County that
are bounded by: sections 27,
28, 33, and 34 of Lake
Township.
Cleveland, OH:
Cuyahoga County (part) The .............. Not Designated....... .............. Nonattainment.
portions of Cuyahoga County
that are bounded on the west
by Washington Park Blvd./
Crete Ave./East 49th St., on
the east by East 71st St., on
the north by Fleet Ave., and
on the south by Grant Ave.
Delta, OH:
Fulton County (part) The .............. Not Designated....... .............. Nonattainment.
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\ This date is 90 days after November 6, 1991, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.
* * * * *
0
10. Section 81.339 is amended by adding the table for ``Pennsylvania--
Lead'' to the end of the section to read as follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania--Lead
----------------------------------------------------------------------------------------------------------------
Designation for the 1978 NAAQS \a\ Designation for the 2008 NAAQS
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Lower Beaver Valley, PA:
Beaver County (part).......... .............. Unclassifiable/ .............. Nonattainment
Attainment.
Area is bounded by Potter .............. ..................... .............. .....................
Township and Vanport
Township.
Lyons, PA:
Berks County (part)........... .............. Unclassifiable/ .............. Nonattainment.
Attainment.
Area is bounded by .............. ..................... .............. .....................
Kutztown Borough, Lyons
Borough, Maxatawny
Township and Richmond
Township.
North Reading, PA:
Berks County (part)........... .............. Unclassifiable/ .............. Nonattainment.
Attainment.
[[Page 71044]]
Area is bounded by Alsace .............. ..................... .............. .....................
Township, Laureldale
Borough, and Muhlenberg
Township.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after November 6, 1991, unless otherwise noted.
\2\ This date is December 31, 2010, unless otherwise noted.
0
11. Section 81.343 is amended by revising the table for ``Tennessee--
Lead'' to read as follows:
Sec. 81.343 Tennessee.
* * * * *
Tennessee--Lead
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