Air Plan Approval; Ohio; Redesignation of the Delta, Ohio Area to Attainment of the 2008 Lead Standard, 10796-10800 [2018-05057]
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Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations
Court of Appeals for the appropriate
circuit by May 14, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action.
This action removing from the
Virginia SIP regulations under Sections
5–140–1010 through 5–140–3880 of 9
VAC 5 Chapter 140 that implemented
the CAIR annual NOX, ozone season
NOX, and annual SO2 trading programs
may not be challenged later in
proceedings to enforce its requirements.
(See CAA 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, Sulfur oxides, Volatile
organic compounds.
Dated: February 23, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart VV—Virginia
§ 52.2420
[Amended]
2. In § 52.2420, the table in paragraph
(c) is amended by:
■ a. Removing the table heading ‘‘Part
II—NOX Annual Trading Program’’; the
table subheading ‘‘Article 1 CAIR NOX
Annual Trading Program General
Provisions’’ and the entries ‘‘5–140–
1010’’ through ‘‘5–140–1080’’; the table
subheading ‘‘Article 2 CAIR-designated
Representative for CAIR NOX Sources’’
and the entries ‘‘5–140–1100’’ through
‘‘5–140–1150’’; the table subheading
‘‘Article 3 Permits’’ and the entries ‘‘5–
140–1200’’ through ‘‘5–140–1240’’; the
table subheading ‘‘Article 5 CAIR NOX
Allowance Allocations’’ and the entries
‘‘5–140–1400’’ through ‘‘5–140–1430’’;
the table subheading ‘‘Article 6 CAIR
NOX Allowance Tracking System’’ and
the entries ‘‘5–140–1510’’ through ‘‘5–
140–1570’’; the table subheading
‘‘Article 7 CAIR NOX Allowance
Transfers’’ and the entries ‘‘5–140–
1600’’ through ‘‘5–140–1620’’; the table
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■
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subheading ‘‘Article 8 Monitoring and
Reporting’’ and the entries ‘‘5–140–
1700’’ through ‘‘5–140–1750’’; the table
subheading ‘‘Article 9 CAIR NOX Opt-in
Units’’ and the entries ‘‘5–140–1800’’
through ‘‘5–140–1880’’.
■ b. Removing the table heading ‘‘Part
III NOX Ozone Season Trading
Program’’; the table subheading ‘‘Article
1 CAIR NOX Ozone Season Trading
Program General Provisions’’ and the
entries ‘‘5–140–2010’’ through ‘‘5–140–
2080’’; the table subheading ‘‘Article 2
CAIR-Designated Representative for
CAIR NOX Ozone Season Sources’’ and
the entries ‘‘5–140–2100’’ through ‘‘5–
140–2150’’; the table subheading
‘‘Article 3 Permits’’ and the entries ‘‘5–
140–2200’’ through ‘‘5–140–2240’’; the
table subheading ‘‘Article 5 CAIR NOX
Ozone Season Allowance Allocations’’
and the entries ‘‘5–140–2400’’ through
‘‘5–140–2430’’; the table subheading
‘‘Article 6 CAIR NOX Ozone Season
Allowance Tracking System’’ and the
entries ‘‘5–140–2510’’ through ‘‘5–140–
2570’’; the table subheading ‘‘Article 7
CAIR NOX Ozone Season Allowance
Transfers’’ and the entries ‘‘5–140–
2600’’ through ‘‘5–140–2620’’; the table
subheading ‘‘Article 8 Monitoring and
Reporting’’ and the entries ‘‘5–140–
2700’’ through ‘‘5–140–2750’’; the table
subheading ‘‘Article 9 CAIR NOX Ozone
Season Opt-in Units’’ and the entries
‘‘5–140–2800’’ through ‘‘5–140–2880’’.
■ c. Removing the table heading ‘‘Part
IV—SO2 Annual Trading Program’’; the
table subheading ‘‘Article 1 CAIR SO2
Trading Program General Provisions’’
and the entries ‘‘5–140–3010’’ through
‘‘5–140–3080’’; the table subheading
‘‘Article 2 CAIR-designated
Representative for CAIR SO2 Sources’’
and the entries ‘‘5–140–3100’’ through
‘‘5–140–3150’’; the table subheading
‘‘Article 3 Permits’’ and the entries ‘‘5–
140–3200’’ through ‘‘5–140–3240’’; the
table subheading ‘‘Article 5 CAIR SO2
Allowance Allocations’’ and the entries
‘‘5–140–3400’’ through ‘‘5–140–3420’’;
the table subheading ‘‘Article 6 CAIR
SO2 Allowance Tracking System’’ and
the entries ‘‘5–140–3510’’ through ‘‘5–
140–3570’’; the table subheading
‘‘Article 7 CAIR SO2 Allowance
Transfers’’ and the entries ‘‘5–140–
3600’’ through ‘‘5–140–3620’’; the table
subheading ‘‘Article 8 Monitoring and
Reporting’’ and the entries ‘‘5–140–
3700’’ through ‘‘5–140–3750’’; the table
subheading ‘‘Article 9 CAIR SO2 Opt-in
Units’’ and the entries ‘‘5–140–3800’’
through ‘‘5–140–3880’’.
[FR Doc. 2018–04935 Filed 3–12–18; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2017–0256; FRL–9975–46–
Region 5]
Air Plan Approval; Ohio;
Redesignation of the Delta, Ohio Area
to Attainment of the 2008 Lead
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State of
Ohio’s request to redesignate the portion
of Fulton County, Ohio known as the
Delta nonattainment area (Delta area) to
attainment of the 2008 National
Ambient Air Quality Standards
(NAAQS or standard) for lead. EPA is
also approving, as meeting Clean Air
Act (CAA) requirements, the
maintenance plan and related elements
of the redesignation, reasonably
available control measure (RACM)/
reasonably available control technology
(RACT) measures and a comprehensive
emissions inventory. EPA is taking these
actions in accordance with the CAA and
EPA’s implementation regulations
regarding the 2008 lead NAAQS.
DATES: This final rule is effective on
March 13, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0256. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Matt
Rau, Environmental Engineer at (312)
886–6524 before visiting the Region 5
office.
SUMMARY:
Matt
Rau, Environmental Engineer, Control
Strategies Section, Air Programs Branch
(AR–18J), Environmental Protection
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
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I. What is the background?
II. What are EPA’s responses to the
comments?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
V. Judicial Review
I. What is the background?
On November 12, 2008 (73 FR 66964),
EPA established the 2008 primary and
secondary lead NAAQS at 0.15
micrograms per cubic meter (mg/m3)
based on a maximum arithmetic threemonth mean concentration for a threeyear period. 40 CFR 50.16.
On November 22, 2010 (75 FR 71033),
EPA published its initial air quality
designations and classifications for the
2008 lead NAAQS based upon air
quality monitoring data for calendar
years 2007–2009. These designations
became effective on December 31, 2010.
The Delta area portion of Fulton County
was designated as nonattainment for
lead, specifically portions of Swan
Creek and York Townships. 40 CFR
81.336. On May 26, 2015 (80 FR 29964),
EPA issued a Clean Data Determination,
which determined that the Delta area
attained the 2008 lead NAAQS prior to
its attainment date of December 31,
2015.
On April 27, 2017, Ohio requested
EPA to redesignate the Delta area to
attainment of the 2008 lead NAAQS and
provided documentation in support of
its request. On October 18, 2017 (82 FR
48442), EPA issued a direct final rule
approving Ohio’s request to redesignate
the Delta area to attainment. However,
since EPA received relevant adverse
comments on this action within the
prescribed period, EPA withdrew the
direct final rule. EPA had also proposed
to approve the request to redesignate the
Delta area to attainment of the 2008 lead
NAAQS on October 18, 2017 (82 FR
48474). This action is a final rule based
on the October 18, 2017 proposal.
The requirements for redesignating an
area from nonattainment to attainment
are found in CAA section 107 (d)(3)(E).
There are five criteria for redesignating
an area. First, the Administrator must
determine that the area has attained the
applicable NAAQS based on current air
quality data. Second, the Administrator
must have fully approved the applicable
SIP for the area under CAA section
110(k). The third criterion is for the
Administrator to determine that the air
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quality improvement is the result of
permanent and enforceable emission
reductions. Fourth, the Administrator
must have fully approved a
maintenance plan meeting the CAA
section 175A requirements. The fifth
criterion is that the state has met all of
the applicable requirements of CAA
section 110 and part D.
The direct final rule published on
October 18, 2017 (82 FR 48442) details
how the Delta area has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA. In
summary, EPA’s approval of the RACM/
RACT measures satisfies section 172
(c)(1) of the CAA. EPA is approving
Ohio’s 2013 emissions inventories for
the Delta area as meeting the
requirement of section 172(c)(3) of the
CAA. EPA finds that the other
requirements of CAA section 172(c) are
not applicable because the Delta area
has monitored attainment of the 2008
lead NAAQS. Further, EPA is approving
Ohio’s maintenance plan as it
adequately addresses the requirements
of section 175A of the CAA.
II. What are EPA’s responses to the
comments?
EPA received an anonymous
comment on November 16, 2017. The
comment is discussed below along with
a response from EPA.
Comment: The commenter stated, ‘‘In
2009 the areas [sic] design value for lead
was 0.18 and dropped significantly to
0.09 in 2012, but in 2014 the design
value increased significantly back up to
0.12. This shows that the area hasn’t
maintained a consistent level that shows
attainment below 0.15.’’ The commenter
further stated that, ‘‘EPA shouldn’t
approve the re-designation request until
the Fulton area shows better
improvement in the monitored lead
design values. EPA should wait until
the lead levels become steady without
increasing.’’ The commenter further
states, ‘‘EPA needs to take lead
violations seriously.’’
Response: EPA disagrees with the
commenter that the variability in the
area’s design value prohibits a
redesignation to attainment. The statute
does not require an area’s design value
to ‘‘maintain a consistent level’’ at its
lowest recorded value or ‘‘become
steady without increasing,’’ but rather
requires that the air quality in the area
is attaining the standard. In this case,
though there was a fluctuation in the
area’s design values. Those values have
remained below the level of the 2008
NAAQS for the relevant period, and,
contrary to commenter’s suggestion, has
not violated the standard. Since the
Bunting Bearing Company’s Delta, Ohio
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10797
facility (Bunting), identified by Ohio as
the only point source of lead emissions
in the nonattainment area, improved its
lead emission controls in 2012 by
adding required inspections, leak
detection systems, corrective actions,
and recordkeeping, the area has been
consistently attaining the standard.
Those controls are permanent and
federally enforceable. Thus EPA has
reasonably determined that, in
accordance with the statute, the area is
attaining and that the attainment is due
to permanent and enforceable measures.
Comment: The commenter also asked,
‘‘what happens if the area’s lead levels
increase another 0.03?’’
Response: An increase from the 2014–
2016 design value of 0.12 mg/m3 to 0.15
mg/m3 would mean that the area would
still be in attainment of the 2008 lead
NAAQS and public health would
remain protected. More importantly,
Ohio’s maintenance plan for the Delta
area has contingency measures that help
prevent NAAQS violations and that
address violations if they occur. As part
of its contingency measures, the state
has committed that a ‘‘warning’’ level
response is triggered if the lead
concentration reaches 0.135 mg/m3 on a
three-month rolling average. If a
warning level response is triggered,
Ohio will conduct a study to determine
whether the lead values indicate a trend
toward exceeding the standard and what
control measures would be necessary to
reverse the trend within 12 months of
the conclusion of the calendar year. An
‘‘action’’ level response is triggered if
the lead concentration reaches a level at
or above 0.143 mg/m3 on a three-month
rolling average. The action level
response will require Ohio to work with
the entity found to be responsible for
the ambient concentration to evaluate
and implement the needed control
measures to bring the area into
attainment within 18 months of the
conclusion of the calendar year that
triggered the response. Should the 2008
lead NAAQS be violated during the
maintenance period, Ohio will
implement one or more contingency
measures. The contingency measures
will be considered based on the cause
of the elevated lead levels. Potential
measures include improvements to
existing control devices, the addition of
a secondary control device, and
improvements to housekeeping and
maintenance. EPA has determined that
the contingency measures are adequate
to promptly correct a violation of the
ambient lead NAAQS.
III. What action is EPA taking?
EPA is approving the request from
Ohio to change the legal designation of
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Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations
the Delta area from nonattainment to
attainment for the 2008 lead NAAQS.
EPA is approving Ohio’s maintenance
plan for the Delta area as a revision to
the Ohio SIP because we have
determined that the plan meets the
requirements of section 175A of the
CAA. EPA is approving the emission
controls in Air Pollution Permits-toInstall and Operate P0108083,
P0121822, P0120836, and P0121942 all
issued to Bunting as meeting the RACM/
RACT requirements of CAA section
172(c)(1).
Specifically, EPA is approving the
necessary elements from the permits,
emission limits and Preventive
Maintenance Plan conditions, into the
Ohio SIP rather than the entirety of the
permits. The emission limits are for
units controlled with Baghouse A: 0.150
pounds per hour combined limit,
Baghouse B: 0.150 pounds per hour
combined limit, and Baghouse C: 0.075
pounds per hour combined limit. The
approved specific required elements of
the Preventive Maintenance Plan are
detailed on pages 24 to 26 of Ohio’s
‘‘Redesignation Request and
Maintenance Plan for the Partial Fulton
County, OH Annual Lead
Nonattainment Area,’’ submitted in
April 2017. In summary, the required
elements are five elements of
inspections, three elements of fabric
filter leak detection systems, three
elements of corrective actions, and five
elements of records.
EPA is approving the 2013 emissions
inventory as meeting the comprehensive
emissions inventory requirements of
section 172(c)(3) of the CAA. EPA is
taking these actions in accordance with
the CAA and EPA’s implementation
regulations regarding the 2008 lead
NAAQS.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for these
actions to become effective immediately
upon publication. This is because a
delayed effective date is unnecessary
due to the nature of a redesignation to
attainment, which relieves the area from
certain CAA requirements that would
otherwise apply to it. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in section 553(d) is to
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give affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. This rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, this rule relieves the state of
planning requirements for this lead
nonattainment area. For these reasons,
EPA finds good cause under 5 U.S.C.
553(d)(1) and (3) for these actions to
become effective on the date of
publication of these actions.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
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Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
V. Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 14, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Reporting and recordkeeping
requirements.
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Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations
40 CFR Part 81
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Intergovernmental
relations, Lead, Reporting and
recordkeeping requirements.
Dated: February 27, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1870, the table in paragraph
(e) is amended by adding the entry
‘‘Lead (2008)’’ after the entry ‘‘Lead
(2008)’’ (with the State date of 6/29/
2016) to read as follows:
■
40 CFR parts 52 and 81 are amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1870
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable geographical
or non-attainment area
Title
*
EPA approval
*
*
State date
*
Comments
*
*
*
Summary of Criteria Pollutant Maintenance Plan
*
Lead (2008) .........
*
Delta (partial Fulton
County).
*
*
*
*
4/27/2017
3. Section 52.1893 is amended by
adding paragraphs (f), (g), and (h) to
read as follows:
■
§ 52.1893
Control strategy: Lead (Pb).
*
*
*
*
*
(f) Ohio’s 2013 lead emissions
inventory for the Delta area, submitted
on April 27, 2017, to meet the emission
inventory requirements of section
172(c)(3) of the Clean Air Act for the
Delta area.
(g) Approval—The 2008 lead
maintenance plan for the Delta, Ohio
nonattainment area, submitted on April
27, 2017.
*
*
*
*
3/13/2018, [insert FedIncludes approval of the 2013 lead base year
eral Register citation].
emissions inventory and Preventative Maintenance Plan as RACM/RACT for the Bunting
Bearing LLC Delta facility.
*
*
(h) Existing controls and maintenance
provisions in the Air Pollution Permitsto-Install and Operate P0108083,
P0121822, P0120836, and P0121942 for
the Bunting Bearing LLC Delta facility
including the preventative maintenance
plan as fulfilling the RACM/RACT
172(c)(1) requirement. Permits
P0120836, P0121822, and P0121942, all
issued February 28, 2017, require a
combined limit of 0.150 pounds lead
per hour for units P006 to P011, P013,
P020 to P025, P029 to P032, P035, and
P036. Permit P0108083, issued October
29, 2012, requires a combined limit of
0.150 pounds lead per hour for units
P014 to P019 and P028 and a combined
*
*
limit of 0.075 pounds lead per hour for
unit P005.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
4. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
5. Section 81.336 is amended by
revising the entry ‘‘Delta, OH:’’ in the
table entitled ‘‘Ohio—2008 Lead
NAAQS’’ to read as follows:
■
§ 81.336
*
Ohio.
*
*
*
*
OHIO—2008 LEAD NAAQS
Designation for the 2008
NAAQS a
Designated area
Date 1
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*
*
*
*
*
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.
*
*
*
*
*
Indian Country located in each county or area, except as otherwise specified.
1 December 31, 2011 unless otherwise noted.
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*
a Includes
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Type
*
Attainment.
*
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document announcing approval by the
Office of Management and Budget of the
modified information collection
requirements.
Applicability date: The requirement to
support Spanish language Alert
Messages in § 10.480 is applicable
beginning May 1, 2019.
[FR Doc. 2018–05057 Filed 3–12–18; 8:45 am]
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47 CFR Part 10
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[PS Docket No. 15–91; PS Docket No. 15–
94; FCC 18–4]
Wireless Emergency Alerts;
Emergency Alert System; Correction
[FR Doc. 2018–04969 Filed 3–12–18; 8:45 am]
BILLING CODE 6712–01–P
Federal Communications
Commission.
ACTION: Final rule; correction.
AGENCY:
FEDERAL COMMUNICATIONS
COMMISSION
The Federal Communications
Commission (Commission) published a
document in the Federal Register of
February 28, 2018, concerning revisions
to Wireless Emergency Alert (WEA)
rules to improve utility of WEA as a lifesaving tool. The document contained an
incorrect compliance date.
DATES: This correction is effective April
30, 2018.
FOR FURTHER INFORMATION CONTACT:
James Wiley, Attorney Advisor,
Cybersecurity and Communications
Reliability Division, Public Safety and
Homeland Security Bureau, at 202–418–
2410.
SUPPLEMENTARY INFORMATION:
SUMMARY:
amozie on DSK30RV082PROD with RULES
Correction
In the Federal Register of February
28, 2018, in FR Doc. 2018–03990, on
page 8619, in the third column, correct
the DATES caption to read:
DATES: Effective dates: The amendments
to §§ 10.10 and 10.210 are effective
April 30, 2018. The amendments to
§§ 10.450 and 10.500 are effective
November 30, 2019. The amendment to
§ 10.240 contains new or modified
information collection requirements and
will not be effective until those
information collection requirements are
approved by the Office of Management
and Budget. The Federal
Communications Commission will
publish a document in the Federal
Register announcing the effective date
for the section.
Compliance dates: Participating CMS
Providers must comply with the new
point of sale disclosure rules by
November 30, 2019, or as specified by
publication in the Federal Register of a
document announcing approval by the
Office of Management and Budget
(OMB) and the relevant effective date,
whichever is later. CMS Providers are
required to update their WEA election
status within 120 days from the date of
publication in the Federal Register of a
VerDate Sep<11>2014
16:26 Mar 12, 2018
Jkt 244001
47 CFR Part 54
[WC Docket No. 10–90; FCC 14–54 and 16–
64]
Connect America Fund
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, an
information collection associated with
the rules for the Connect America Fund
Phase II auction (CAF–II auction)
contained in the Commission’s Connect
America Fund Orders, FCC 14–54 and
FCC 16–64. This document is consistent
with the Connect America Fund Orders,
which stated that the Commission
would publish a document in the
Federal Register announcing the
effective date of the new information
collection requirements.
DATES: The amendment to § 54.310(e)
published at 79 FR 39164, July 9, 2014,
is effective March 13, 2018.
FOR FURTHER INFORMATION CONTACT:
Alexander Minard, Wireline
Competition Bureau at (202) 418–7400
or TTY (202) 418–0484. For additional
information concerning the Paperwork
Reduction Act information collection
requirements contact Nicole Ongele at
(202) 418–2991 or via email:
Nicole.Ongele@fcc.gov.
SUPPLEMENTARY INFORMATION: The
Commission submitted new information
collection requirements for review and
approval by OMB, as required by the
Paperwork Reduction Act (PRA) of
1995, on December 12, 2017, which
were approved by the OMB on March 5,
2018. The information collection
requirements are contained in the
Commission’s Connect America Fund
SUMMARY:
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
Orders, FCC 14–54, published at 79 FR
39164, July 9, 2014 and FCC 16–64,
published at 81 FR 44414, July 7, 2016.
The OMB Control Number is 3060–
1252. The Commission publishes this
document as an announcement of the
effective date of the rules published July
9, 2014. If you have any comments on
the burden estimates listed below, or
how the Commission can improve the
collections and reduce any burdens
caused thereby, please contact Nicole
Ongele, Federal Communications
Commission, Room 1–A620, 445 12th
Street SW, Washington, DC 20554.
Please include the OMB Control
Number, 3060–1252, in your
correspondence. The Commission will
also accept your comments via email at
PRA@fcc.gov. To request materials in
accessible formats for people with
disabilities (Braille, large print,
electronic files, audio format), send an
email to fcc504@fcc.gov or call the
Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the Commission is notifying the public
that it received OMB approval on March
5, 2018, for the information collection
requirements contained in 47 CFR
54.310(e) and 54.315(a), published at 79
FR 39164, July 9, 2014 and 81 FR 44414,
July 7, 2016. Under 5 CFR part 1320, an
agency may not conduct or sponsor a
collection of information unless it
displays a current, valid OMB Control
Number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–1252.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–1252.
OMB Approval Date: March 5, 2018.
OMB Expiration Date: March 31,
2021.
Title: Application to Participate in
Connect America Fund Phase II
Auction, FCC Form 183.
Form No.: FCC Form 183.
Respondents: Business or other forprofit, not-for-profit institutions, and
state, local or tribal governments.
Number of Respondents and
Responses: 500 respondents; 500
responses.
E:\FR\FM\13MRR1.SGM
13MRR1
]]>Agencies
[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Rules and Regulations]
[Pages 10796-10800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05057]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2017-0256; FRL-9975-46-Region 5]
Air Plan Approval; Ohio; Redesignation of the Delta, Ohio Area to
Attainment of the 2008 Lead Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
State of Ohio's request to redesignate the portion of Fulton County,
Ohio known as the Delta nonattainment area (Delta area) to attainment
of the 2008 National Ambient Air Quality Standards (NAAQS or standard)
for lead. EPA is also approving, as meeting Clean Air Act (CAA)
requirements, the maintenance plan and related elements of the
redesignation, reasonably available control measure (RACM)/reasonably
available control technology (RACT) measures and a comprehensive
emissions inventory. EPA is taking these actions in accordance with the
CAA and EPA's implementation regulations regarding the 2008 lead NAAQS.
DATES: This final rule is effective on March 13, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2017-0256. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Matt Rau, Environmental Engineer at (312) 886-6524
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection
[[Page 10797]]
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312) 886-6524, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is the background?
II. What are EPA's responses to the comments?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
V. Judicial Review
I. What is the background?
On November 12, 2008 (73 FR 66964), EPA established the 2008
primary and secondary lead NAAQS at 0.15 micrograms per cubic meter
([mu]g/m\3\) based on a maximum arithmetic three-month mean
concentration for a three-year period. 40 CFR 50.16.
On November 22, 2010 (75 FR 71033), EPA published its initial air
quality designations and classifications for the 2008 lead NAAQS based
upon air quality monitoring data for calendar years 2007-2009. These
designations became effective on December 31, 2010. The Delta area
portion of Fulton County was designated as nonattainment for lead,
specifically portions of Swan Creek and York Townships. 40 CFR 81.336.
On May 26, 2015 (80 FR 29964), EPA issued a Clean Data Determination,
which determined that the Delta area attained the 2008 lead NAAQS prior
to its attainment date of December 31, 2015.
On April 27, 2017, Ohio requested EPA to redesignate the Delta area
to attainment of the 2008 lead NAAQS and provided documentation in
support of its request. On October 18, 2017 (82 FR 48442), EPA issued a
direct final rule approving Ohio's request to redesignate the Delta
area to attainment. However, since EPA received relevant adverse
comments on this action within the prescribed period, EPA withdrew the
direct final rule. EPA had also proposed to approve the request to
redesignate the Delta area to attainment of the 2008 lead NAAQS on
October 18, 2017 (82 FR 48474). This action is a final rule based on
the October 18, 2017 proposal.
The requirements for redesignating an area from nonattainment to
attainment are found in CAA section 107 (d)(3)(E). There are five
criteria for redesignating an area. First, the Administrator must
determine that the area has attained the applicable NAAQS based on
current air quality data. Second, the Administrator must have fully
approved the applicable SIP for the area under CAA section 110(k). The
third criterion is for the Administrator to determine that the air
quality improvement is the result of permanent and enforceable emission
reductions. Fourth, the Administrator must have fully approved a
maintenance plan meeting the CAA section 175A requirements. The fifth
criterion is that the state has met all of the applicable requirements
of CAA section 110 and part D.
The direct final rule published on October 18, 2017 (82 FR 48442)
details how the Delta area has met the requirements for redesignation
under section 107(d)(3)(E) of the CAA. In summary, EPA's approval of
the RACM/RACT measures satisfies section 172 (c)(1) of the CAA. EPA is
approving Ohio's 2013 emissions inventories for the Delta area as
meeting the requirement of section 172(c)(3) of the CAA. EPA finds that
the other requirements of CAA section 172(c) are not applicable because
the Delta area has monitored attainment of the 2008 lead NAAQS.
Further, EPA is approving Ohio's maintenance plan as it adequately
addresses the requirements of section 175A of the CAA.
II. What are EPA's responses to the comments?
EPA received an anonymous comment on November 16, 2017. The comment
is discussed below along with a response from EPA.
Comment: The commenter stated, ``In 2009 the areas [sic] design
value for lead was 0.18 and dropped significantly to 0.09 in 2012, but
in 2014 the design value increased significantly back up to 0.12. This
shows that the area hasn't maintained a consistent level that shows
attainment below 0.15.'' The commenter further stated that, ``EPA
shouldn't approve the re-designation request until the Fulton area
shows better improvement in the monitored lead design values. EPA
should wait until the lead levels become steady without increasing.''
The commenter further states, ``EPA needs to take lead violations
seriously.''
Response: EPA disagrees with the commenter that the variability in
the area's design value prohibits a redesignation to attainment. The
statute does not require an area's design value to ``maintain a
consistent level'' at its lowest recorded value or ``become steady
without increasing,'' but rather requires that the air quality in the
area is attaining the standard. In this case, though there was a
fluctuation in the area's design values. Those values have remained
below the level of the 2008 NAAQS for the relevant period, and,
contrary to commenter's suggestion, has not violated the standard.
Since the Bunting Bearing Company's Delta, Ohio facility (Bunting),
identified by Ohio as the only point source of lead emissions in the
nonattainment area, improved its lead emission controls in 2012 by
adding required inspections, leak detection systems, corrective
actions, and recordkeeping, the area has been consistently attaining
the standard. Those controls are permanent and federally enforceable.
Thus EPA has reasonably determined that, in accordance with the
statute, the area is attaining and that the attainment is due to
permanent and enforceable measures.
Comment: The commenter also asked, ``what happens if the area's
lead levels increase another 0.03?''
Response: An increase from the 2014-2016 design value of 0.12
[micro]g/m\3\ to 0.15 [micro]g/m\3\ would mean that the area would
still be in attainment of the 2008 lead NAAQS and public health would
remain protected. More importantly, Ohio's maintenance plan for the
Delta area has contingency measures that help prevent NAAQS violations
and that address violations if they occur. As part of its contingency
measures, the state has committed that a ``warning'' level response is
triggered if the lead concentration reaches 0.135 [micro]g/m\3\ on a
three-month rolling average. If a warning level response is triggered,
Ohio will conduct a study to determine whether the lead values indicate
a trend toward exceeding the standard and what control measures would
be necessary to reverse the trend within 12 months of the conclusion of
the calendar year. An ``action'' level response is triggered if the
lead concentration reaches a level at or above 0.143 [micro]g/m\3\ on a
three-month rolling average. The action level response will require
Ohio to work with the entity found to be responsible for the ambient
concentration to evaluate and implement the needed control measures to
bring the area into attainment within 18 months of the conclusion of
the calendar year that triggered the response. Should the 2008 lead
NAAQS be violated during the maintenance period, Ohio will implement
one or more contingency measures. The contingency measures will be
considered based on the cause of the elevated lead levels. Potential
measures include improvements to existing control devices, the addition
of a secondary control device, and improvements to housekeeping and
maintenance. EPA has determined that the contingency measures are
adequate to promptly correct a violation of the ambient lead NAAQS.
III. What action is EPA taking?
EPA is approving the request from Ohio to change the legal
designation of
[[Page 10798]]
the Delta area from nonattainment to attainment for the 2008 lead
NAAQS. EPA is approving Ohio's maintenance plan for the Delta area as a
revision to the Ohio SIP because we have determined that the plan meets
the requirements of section 175A of the CAA. EPA is approving the
emission controls in Air Pollution Permits-to-Install and Operate
P0108083, P0121822, P0120836, and P0121942 all issued to Bunting as
meeting the RACM/RACT requirements of CAA section 172(c)(1).
Specifically, EPA is approving the necessary elements from the
permits, emission limits and Preventive Maintenance Plan conditions,
into the Ohio SIP rather than the entirety of the permits. The emission
limits are for units controlled with Baghouse A: 0.150 pounds per hour
combined limit, Baghouse B: 0.150 pounds per hour combined limit, and
Baghouse C: 0.075 pounds per hour combined limit. The approved specific
required elements of the Preventive Maintenance Plan are detailed on
pages 24 to 26 of Ohio's ``Redesignation Request and Maintenance Plan
for the Partial Fulton County, OH Annual Lead Nonattainment Area,''
submitted in April 2017. In summary, the required elements are five
elements of inspections, three elements of fabric filter leak detection
systems, three elements of corrective actions, and five elements of
records.
EPA is approving the 2013 emissions inventory as meeting the
comprehensive emissions inventory requirements of section 172(c)(3) of
the CAA. EPA is taking these actions in accordance with the CAA and
EPA's implementation regulations regarding the 2008 lead NAAQS.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. This rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, this rule relieves the state of
planning requirements for this lead nonattainment area. For these
reasons, EPA finds good cause under 5 U.S.C. 553(d)(1) and (3) for
these actions to become effective on the date of publication of these
actions.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
V. Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 14, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.
[[Page 10799]]
40 CFR Part 81
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Lead, Reporting and recordkeeping
requirements.
Dated: February 27, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1870, the table in paragraph (e) is amended by adding
the entry ``Lead (2008)'' after the entry ``Lead (2008)'' (with the
State date of 6/29/2016) to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Title geographical or non- State date EPA approval Comments
attainment area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Summary of Criteria Pollutant Maintenance Plan
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Lead (2008)................ Delta (partial 4/27/2017 3/13/2018, [insert Includes approval of the
Fulton County). Federal Register 2013 lead base year
citation]. emissions inventory and
Preventative
Maintenance Plan as
RACM/RACT for the
Bunting Bearing LLC
Delta facility.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.1893 is amended by adding paragraphs (f), (g), and (h) to
read as follows:
Sec. 52.1893 Control strategy: Lead (Pb).
* * * * *
(f) Ohio's 2013 lead emissions inventory for the Delta area,
submitted on April 27, 2017, to meet the emission inventory
requirements of section 172(c)(3) of the Clean Air Act for the Delta
area.
(g) Approval--The 2008 lead maintenance plan for the Delta, Ohio
nonattainment area, submitted on April 27, 2017.
(h) Existing controls and maintenance provisions in the Air
Pollution Permits-to-Install and Operate P0108083, P0121822, P0120836,
and P0121942 for the Bunting Bearing LLC Delta facility including the
preventative maintenance plan as fulfilling the RACM/RACT 172(c)(1)
requirement. Permits P0120836, P0121822, and P0121942, all issued
February 28, 2017, require a combined limit of 0.150 pounds lead per
hour for units P006 to P011, P013, P020 to P025, P029 to P032, P035,
and P036. Permit P0108083, issued October 29, 2012, requires a combined
limit of 0.150 pounds lead per hour for units P014 to P019 and P028 and
a combined limit of 0.075 pounds lead per hour for unit P005.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
4. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
5. Section 81.336 is amended by revising the entry ``Delta, OH:'' in
the table entitled ``Ohio--2008 Lead NAAQS'' to read as follows:
Sec. 81.336 Ohio.
* * * * *
Ohio--2008 Lead NAAQS
------------------------------------------------------------------------
Designation for the 2008 NAAQS \a\
Designated area ---------------------------------------
Date \1\ Type
------------------------------------------------------------------------
* * * * * * *
Delta, OH: 3/13/2018 Attainment.
Fulton County (part)........
The portions of Fulton
County that are bounded
by: sections 12 and 13
of York Township and
sections 7 and 18 of
Swan Creek Township.
* * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
otherwise specified.
\1\ December 31, 2011 unless otherwise noted.
[[Page 10800]]
[FR Doc. 2018-05057 Filed 3-12-18; 8:45 am]
BILLING CODE 6560-50-P
