Air Plan Approval and Air Quality Designation; AL; Redesignation of the Pike County Lead Nonattainment Area to Attainment, 16021-16027 [2018-07654]
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Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Proposed Rules
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
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Nitrogen dioxide, Ozone, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 3, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018–07678 Filed 4–12–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2018–0077; FRL–9976–
77—Region 4]
Air Plan Approval and Air Quality
Designation; AL; Redesignation of the
Pike County Lead Nonattainment Area
to Attainment
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On January 3, 2018, the State
of Alabama, through the Alabama
Department of Environmental
Management (ADEM), submitted a
request for the Environmental
Protection Agency (EPA) to redesignate
the Troy 2008 lead Nonattainment Area
(‘‘Troy Area’’ or ‘‘Area’’) to attainment
for the 2008 lead (Pb) National Ambient
Air Quality Standards (NAAQS or
standard) and to approve an associated
State Implementation Plan (SIP)
revision containing a maintenance plan.
The Troy Area is comprised of a portion
of Pike County in Alabama surrounding
the Sanders Lead Company facility
(Sanders Lead Facility or Facility). EPA
is proposing to determine that the Troy
Area is attaining 2008 lead NAAQS; to
approve the SIP revision containing the
State’s maintenance plan for
maintaining attainment of the 2008 lead
standard; and to redesignate the Troy
Area to attainment for the 2008 lead
NAAQS.
DATES: Comments must be received on
or before May 14, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No EPA–R04–
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SUMMARY:
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OAR–2018–0077 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Ashten Bailey of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Ms. Bailey may be
reached by phone at (404) 562–9164 or
via electronic mail at bailey.ashten@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. What are the actions EPA is
proposing to take?
EPA is proposing to take the following
three separate but related actions: (1) To
determine that the Troy Area is
attaining the 2008 lead NAAQS; (2) to
approve Alabama’s maintenance plan
for maintaining the 2008 lead NAAQS
in the Area and incorporate the plan
into the SIP; and (3) to redesignate the
Area to attainment. The Troy Area is
comprised of the portion of Pike
County, Alabama, 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.
EPA is making the preliminarily
determination that the Troy Area is
attaining the 2008 lead NAAQS based
on recent air quality data, and proposing
to approve Alabama’s maintenance plan
for the Troy Area as meeting the
requirements of section 175A (such
approval being one of the Clean Air Act
(CAA or Act) criteria for redesignation
to attainment status). The maintenance
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16021
plan is designed to keep the Troy Area
in attainment of the 2008 lead NAAQS
through 2028. As explained in Section
V, below, EPA is also proposing to
determine that attainment can be
maintained through 2028.
EPA is further proposing to determine
that the Troy Area has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA.
Accordingly, in this action, EPA is
proposing to approve a request to
change the legal designation of the Troy
Area from nonattainment to attainment
for the 2008 lead NAAQS.
In summary, this notice of proposed
rulemaking is in response to Alabama’s
January 3, 2018, redesignation request
and associated SIP submission that
addresses the specific issues
summarized above and the necessary
elements described in section
107(d)(3)(E) of the CAA for
redesignation of the Troy Area to
attainment for the 2008 lead NAAQS.
II. What is the background for EPA’s
proposed actions?
On November 12, 2008 (73 FR 66964),
EPA promulgated a revised primary and
secondary lead NAAQS of 0.15
micrograms per cubic meter (mg/m3).
Under EPA’s regulations at 40 CFR part
50, the 2008 lead NAAQS are met when
the maximum arithmetic 3-month mean
concentration for a 3-year period, as
determined in accordance with
Appendix R of 40 CFR part 50, is less
than or equal to 0.15 mg/m3. See 40 CFR
50.16. Ambient air quality monitoring
data for the 3-year period must meet a
data completeness requirement.
EPA designated the Troy Area as a
nonattainment area for the 2008 lead
NAAQS on November 22, 2010 (75 FR
71033), effective December 31, 2010,
using 2007–2009 ambient air quality
data. This established an attainment
date five years after the December 31,
2010, effective date for the 2008 lead
nonattainment designations pursuant to
CAA section 172(a)(2)(A). Therefore, the
Troy Area’s attainment date was
December 31, 2015.
EPA’s 2008 lead nonattainment
designation for the Area triggered an
obligation for Alabama to develop a
nonattainment SIP revision addressing
certain CAA requirements under title I,
part D, subpart 1 (hereinafter ‘‘Subpart
1’’) and to submit that SIP revision in
accordance with the deadlines in title I,
part D, subpart 5 (hereinafter ‘‘Subpart
5’’). Subpart 1 contains the general
requirements for nonattainment areas
for criteria pollutants, including
requirements to develop a SIP that
provides for the implementation of
reasonably available control measures
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(RACM), requires reasonable further
progress (RFP), includes base-year and
attainment-year emissions inventories,
and provides for the implementation of
contingency measures. On January 28,
2014 (79 FR 4407), EPA published a
final rule that approved a SIP revision,
comprised of an attainment plan, based
on Alabama’s attainment demonstration
for the Troy Area that included the base
year emissions inventory requirements,
RACM requirements that include
reasonably available control technology
(RACT), RFP plan, modeling
demonstration of lead attainment, and
contingency measures for the Troy Area.
III. What are the criteria for
redesignation?
The CAA provides the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) of the CAA allows for
redesignation providing that: (1) The
Administrator determines that the area
has attained the applicable NAAQS; (2)
the Administrator has fully approved
the applicable implementation plan for
the area under section 110(k); (3) the
Administrator determines that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP
and applicable Federal air pollutant
control regulations and other permanent
and enforceable reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A; and (5) the state containing such
area has met all requirements applicable
to the area for purposes of redesignation
under section 110 and part D of the
CAA.
On April 16, 1992, EPA provided
guidance on redesignation in the
General Preamble for the
Implementation of title I of the CAA
Amendments of 1990 (57 FR 13498),
and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has
provided further guidance on processing
redesignation requests in the following
documents:
1. ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’
Memorandum from John Calcagni, Director,
Air Quality Management Division, September
4, 1992 (hereinafter referred to as the
‘‘Calcagni Memorandum’’);
2. ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean Air
Act (CAA) Deadlines,’’ Memorandum from
John Calcagni, Director, Air Quality
Management Division, October 28, 1992; and
3. ‘‘Part D New Source Review (Part D
NSR) Requirements for Areas Requesting
Redesignation to Attainment,’’ Memorandum
from Mary D. Nichols, Assistant
Administrator for Air and Radiation, October
14, 1994.
IV. Why is EPA proposing these
actions?
On January 3, 2018, Alabama
requested that EPA redesignate the Troy
Area to attainment for the 2008 lead
NAAQS and submitted an associated
SIP revision containing a maintenance
plan. EPA’s evaluation indicates that the
Troy Area is attaining the 2008 lead
NAAQS and the Troy Area meets the
requirements for redesignation as set
forth in section 107(d)(3)(E)(i),
including the maintenance plan
requirements under section 175A of the
CAA. As a result, EPA is proposing to
take the three related actions
summarized in section I of this notice.
V. What is EPA’s analysis of the State’s
redesignation request and SIP revision?
As stated above, in accordance with
the CAA, EPA proposes in this action to:
(1) Determine that the Troy Area is
attaining the 2008 lead NAAQS; (2)
approve the 2008 lead NAAQS
maintenance plan for the Area and
incorporate the plan into the SIP; and
(3) redesignate the Area to attainment
for the 2008 lead NAAQS.
A. Redesignation Request and
Maintenance Demonstration
The five redesignation criteria
provided under CAA section
107(d)(3)(E) are discussed in greater
detail for the Area in the following
paragraphs of this section.
Criteria (1)—The Troy Area Has
Attained the 2008 Lead NAAQS
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has
attained the applicable NAAQS. See
CAA section 107(d)(3)(E)(i). For lead, an
area may be considered to be attaining
the 2008 lead NAAQS if it meets the
2008 lead NAAQS, as determined in
accordance with 40 CFR 50.16 and
Appendix R of part 50, based on three
complete, consecutive calendar years of
quality-assured air quality monitoring
data. To attain the NAAQS, the
maximum arithmetic 3-month mean
lead concentration for a 3-year period
must not exceed 0.15 mg/m3 at any
monitor within the area. The data must
be collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in the EPA Air Quality System
(AQS). The monitors generally should
have remained at the same location for
the duration of the monitoring period
required for demonstrating attainment.
Monitoring data for the Area shows
that the 2008 lead NAAQS was attained.
As demonstrated in Table 1, below, the
2014–2016 design value for the area was
0.09 mg/m3, well below the 2008 lead
standard of 0.15 mg/m3.
TABLE 1—2014–2016 DESIGN VALUE CONCENTRATIONS FOR THE TROY AREA
[μg/m3] 1
2014 annual
maximum
rolling three
month average
2015 annual
maximum
rolling three
month average
2016 annual
maximum
rolling three
month average
Design value
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Monitoring station
0.08
0.07
0.09
0.09
Although 2014–2016 data are the
most recent quality-assured and
certified data, preliminary 2017 data
indicate that the Area continues to
attain the standard.2 In this proposed
1 Air
action, EPA is proposing to determine
that the Troy Area is attaining the 2008
lead NAAQS. If the Area does not
continue to attain the standard before
EPA finalizes the redesignation, EPA
quality design values for all criteria air
pollutants are available at: https://www.epa.gov/airtrends/air-quality-design-values.
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will not go forward with the
redesignation. As discussed in more
detail below, Alabama has committed to
continue monitoring ambient air lead
concentrations in this Area in
accordance with 40 CFR part 58.
2 Preliminary 2017 data is available at https://
www.epa.gov/outdoor-air-quality-data/monitorvalues-report; 2017 data will not be certified until
May of 2018.
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another state. To implement this
provision, EPA has required certain
states to establish programs to address
the interstate transport of air pollutants.
The section 110(a)(2)(D) requirements
for a state are not linked with a
particular nonattainment area’s
For redesignating a nonattainment
designation and classification in that
area to attainment, the CAA requires
state. EPA believes that the
EPA to determine that the state has met
requirements linked with a particular
all applicable requirements under
nonattainment area’s designation and
section 110 and part D of title I of the
classifications are the relevant measures
CAA (CAA section 107(d)(3)(E)(v)) and
to evaluate in reviewing a redesignation
that the state has a fully approved SIP
request. The transport SIP submittal
under section 110(k) for the area (CAA
requirements, where applicable,
section 107(d)(3)(E)(ii)). EPA proposes
continue to apply to a state regardless of
to find that Alabama has met all
applicable SIP requirements for the Troy the designation of any one particular
area in the state. Thus, EPA does not
Area under section 110 of the CAA
believe that the CAA’s interstate
(general SIP requirements) for purposes
transport requirements should be
of redesignation. Additionally, EPA
construed to be applicable requirements
proposes to find that Alabama has met
for purposes of redesignation.
all applicable SIP requirements for
In addition, EPA believes that other
purposes of redesignation under part D
section 110 elements that are neither
of title I of the CAA in accordance with
connected with nonattainment plan
section 107(d)(3)(E)(v) and that the SIP
submissions nor linked with an area’s
is fully approved with respect to all
requirements applicable for purposes of attainment status are not applicable
requirements for purposes of
redesignation in accordance with
redesignation. The area will still be
section 107(d)(3)(E)(ii). In making these
subject to these requirements after the
proposed determinations, EPA
area is redesignated. The section 110
ascertained which requirements are
applicable to the Area and, if applicable, and part D requirements which are
linked with a particular area’s
that they are fully approved under
designation and classification are the
section 110(k). SIPs must be fully
relevant measures to evaluate in
approved only with respect to
requirements that were applicable prior reviewing a redesignation request. This
approach is consistent with EPA’s
to submittal of the complete
existing policy on applicability (i.e., for
redesignation request.
redesignations) of conformity and
a. The Troy Area Has Met All
oxygenated fuels requirements, as well
Applicable Requirements Under Section as with section 184 ozone transport
110 and Part D of the CAA
requirements. See Reading,
General SIP requirements. General SIP Pennsylvania, proposed and final
rulemakings (61 FR 53174–53176,
elements and requirements are
October 10, 1996), (62 FR 24826, May 7,
delineated in section 110(a)(2) of title I,
2008); Cleveland-Akron-Loraine, Ohio,
part A of the CAA. These requirements
final rulemaking (61 FR 20458, May 7,
include, but are not limited to, the
1996); and Tampa, Florida, final
following: Submittal of a SIP that has
rulemaking at (60 FR 62748, December
been adopted by the state after
7, 1995). See also the discussion on this
reasonable public notice and hearing;
issue in the Cincinnati, Ohio,
provisions for establishment and
redesignation (65 FR 37890, June 19,
operation of appropriate procedures
2000), and in the Pittsburgh,
needed to monitor ambient air quality;
Pennsylvania, redesignation (66 FR
implementation of a source permit
50399, October 19, 2001). Nonetheless,
program; provisions for the
EPA has approved Alabama’s SIP
implementation of part C requirements
revision related to the section 110
(Prevention of Significant Deterioration
requirements for the 2008 lead NAAQS,
(PSD)) and provisions for the
with the exception of the state board
implementation of part D requirements
requirements under 110(a)(2)(E)(ii).3 See
(New Source Review (NSR) permit
80 FR 61111 (October 9, 2015) and 80
programs); provisions for air pollution
modeling; and provisions for public and FR 14019 (March 18, 2015).
local agency participation in planning
3 Although not required for redesignation as
and emission control rule development.
Section 110(a)(2)(D) requires that SIPs discussed above, EPA notes that a proposed
approval of the section 110(a)(2)(E)(ii) CAA
contain certain measures to prevent
infrastructure requirements applicable to state
sources in a state from significantly
boards was published on February 8, 2018. See 83
FR 5594.
contributing to air quality problems in
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Criteria (2)—Alabama Has a Fully
Approved SIP Under Section 110(k) for
the Troy Area; and Criteria (5)—
Alabama Has Met All Applicable
Requirements Under Section 110 and
Part D of Title I of the CAA
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16023
Title I, Part D, applicable SIP
requirements. Subpart 1 of part D, found
in sections 172–176 of the CAA, sets
forth the basic nonattainment
requirements applicable to all
nonattainment areas. All areas that were
designated nonattainment for the 2008
lead NAAQS were designated under
Subpart 1 in accordance with the
deadlines in Subpart 5. For purposes of
evaluating this redesignation request,
the applicable Subpart 1 SIP
requirements for all nonattainment areas
are contained in sections 172(c)(1)–(9)
and in section 176. A thorough
discussion of the requirements
contained in sections 172 and 176 can
be found in the General Preamble for
Implementation of title I. See 57 FR
13498 (April 16, 1992).
Subpart 1 Section 172 Requirements.
Section 172 requires states with
nonattainment areas to submit
attainment plans providing for timely
attainment and meeting a variety of
other requirements. EPA’s longstanding
interpretation of the nonattainment
planning requirements of section 172 is
that once an area is attaining the
NAAQS, those requirements are not
‘‘applicable’’ for purposes of CAA
section 107(d)(3)(E)(ii) and therefore
need not be approved into the SIP
before EPA can redesignate the area. In
the 1992 General Preamble for
Implementation of Title I, EPA set forth
its interpretation of applicable
requirements for purposes of evaluating
redesignation requests when an area is
attaining a standard. See 57 FR 13498,
13564 (April 16, 1992). EPA noted that
the requirements for RFP and other
measures designed to provide for
attainment do not apply in evaluating
redesignation requests because those
nonattainment planning requirements
‘‘have no meaning’’ for an area that has
already attained the standard. Id. This
interpretation was also set forth in the
Calcagni Memorandum. EPA’s
understanding of section 172 also forms
the basis of its Clean Data Policy, which
suspends a state’s obligation to submit
most of the attainment planning
requirements that would otherwise
apply, including an attainment
demonstration and planning SIPs to
provide for RFP, RACM, and
contingency measures under section
172(c)(9).
As noted above, EPA already
approved Alabama’s attainment plan for
the Area. See 79 FR 4407 (January 28,
2014). Among other things, the
approved attainment plan satisfied the
section 172(c)(1) requirements for
RACM; 172(c)(2) requirements related to
RFP; 172(c)(3) requirements for an
emissions inventory; 172(c)(6)
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requirements for enforceable control
measures to provide for attainment by
the attainment date; and 172(c)(9)
requirements for contingency measures.
Section 172(c)(4) requires the
identification and quantification of
allowable emissions for major new and
modified stationary sources to be
allowed in an area, and section 172(c)(5)
requires source permits for the
construction and operation of new and
modified major stationary sources
anywhere in the nonattainment area.
Alabama currently has a fully-approved
part D NSR program in place. However,
EPA has determined that, since PSD
requirements will apply after
redesignation, areas being redesignated
need not comply with the requirement
that a NSR program be approved prior
to redesignation, provided that the area
demonstrates maintenance of the
NAAQS without part D NSR. A more
detailed rationale for this view is
described in a memorandum from Mary
Nichols, Assistant Administrator for Air
and Radiation, dated October 14, 1994,
entitled ‘‘Part D New Source Review
Requirements for Areas Requesting
Redesignation to Attainment.’’ Alabama
has demonstrated that the Area will be
able to maintain the NAAQS without
part D NSR in effect, and therefore
Alabama need not have fully approved
part D NSR programs prior to approval
of the redesignation request. Alabama’s
PSD program will become effective in
the Area upon redesignation to
attainment.
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
section 110(a)(2). As noted above, EPA
believes that the Alabama SIP meets the
requirements of section 110(a)(2)
applicable for purposes of
redesignation.
Section 172(c)(8) allows a state to use
equivalent modeling, emission
inventory, and planning procedures if
such use is requested by the state and
approved by EPA. Alabama has not
requested the use of equivalent
techniques under section 172(c)(8).
Section 176 Conformity
Requirements. Section 176(c) of the
CAA requires states to establish criteria
and procedures to ensure that federally
supported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs, and
projects that are developed, funded, or
approved under title 23 of the United
States Code (U.S.C.) and the Federal
Transit Act (transportation conformity)
as well as to all other federally
supported or funded projects (general
conformity). State transportation
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conformity SIP revisions must be
consistent with Federal conformity
regulations relating to consultation,
enforcement, and enforceability that
EPA promulgated pursuant to its
authority under the CAA. In light of the
elimination of lead additives in
gasoline, transportation conformity does
not apply to the lead NAAQS. See 73 FR
66964 (November 12, 2008).
b. The Troy Area Has a Fully Approved
Applicable SIP Under Section 110(k) of
the CAA
EPA has fully approved the applicable
Alabama SIP for the Troy Area under
section 110(k) of the CAA for all
requirements applicable for purposes of
redesignation. EPA may rely on prior
SIP approvals in approving a
redesignation request (see Calcagni
Memorandum at p. 3; Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–90 (6th Cir.
1998); Wall, 265 F.3d 426) plus any
additional measures it may approve in
conjunction with a redesignation action.
See 68 FR 25426 (May 12, 2003) and
citations therein. Following passage of
the CAA of 1970, Alabama has adopted
and submitted, and EPA has fully
approved at various times, provisions
addressing various SIP elements
applicable for the 2008 lead NAAQS in
the Troy Area. See 80 FR 61111
(October 9, 2015); 80 FR 14019 (March
18, 2015); and 79 FR 4407 (January 28,
2014).
As indicated above, EPA believes that
the section 110 elements that are neither
connected with nonattainment plan
submissions nor linked to an area’s
nonattainment status are not applicable
requirements for purposes of
redesignation.
Criteria (3)—The Air Quality
Improvement in the Troy Area Is Due to
Permanent and Enforceable Reductions
in Emissions Resulting From
Implementation of the SIP and
Applicable Federal Air Pollution
Control Regulations and Other
Permanent and Enforceable Reductions
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the air quality
improvement in the area is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the SIP, applicable
Federal air pollution control
regulations, and other permanent and
enforceable reductions (CAA section
107(d)(3)(E)(iii)). EPA has preliminarily
determined that Alabama has
demonstrated that the observed air
quality improvement in the Troy Area is
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due to permanent and enforceable
reductions in emissions.
When EPA designated the Troy Area
as a nonattainment for the lead NAAQS,
EPA determined that operations at the
Sanders Lead Facility were the primary
cause of the 2008 lead NAAQS violation
in the Area.4 In 2012, the State
submitted an attainment plan that
contained lead controls needed to attain
the NAAQS to satisfy the section
172(c)(1) RACM requirement. EPA
approved these controls as RACM/
RACT and incorporated them into the
SIP, making them permanent and
enforceable SIP measures to meet the
requirements of the CAA and 2008 Lead
NAAQS.5 See 79 FR 4407 (January 28,
2014); 78 FR 54835 (September 6, 2013).
In addition, the Facility is subject to the
revised secondary lead smelting
National Emissions Standards for
Hazardous Air Pollutants (NESHAP).6
Alabama has incorporated the
requirements to install and operate
controls related to RACM/RACT and the
lead NESHAP into the Facility’s Title V
permit, attached as Appendix A to the
January 3, 2018 submittal. EPA
considers the emissions reductions from
the lead controls at the Sanders Lead
Facility to be permanent and
enforceable.
Criteria (4)—The Troy Area Has a Fully
Approved Maintenance Plan Pursuant
to Section 175A of the CAA
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has a
fully approved maintenance plan
pursuant to section 175A of the CAA.
See CAA section 107(d)(3)(E)(iv). In
conjunction with its request to
redesignate the Alabama portion of the
Troy Area to attainment for the 2008
lead NAAQS, ADEM submitted a SIP
revision to provide for maintenance of
the 2008 lead NAAQS for at least 10
years after the effective date of
redesignation to attainment. EPA
believes that this maintenance plan
meets the requirements for approval
under section 175A of the CAA.
4 See Region 4—Final Alabama Technical
Support Document For 1st Round of Lead
Designations, available at regulations.gov,
document ID EPA–HQ–OAR–2009–0443–0327.
5 These controls include enclosing various
sources of emissions, routing emissions to stacks
through baghouse and HEPA filters, and
maintaining plant and haul roads so that dust will
not become airborne. See Submitttal at 2–6, 2–7.
6 See 78 FR 54835 (September 9, 2013). The
secondary lead NESHAP, codified at 40 CFR part
63, subpart X, sets emissions standards for facilities
that recycle lead-bearing scrap material, typically
lead acid batteries, into elemental lead or lead
alloys. EPA promulgated the standard in 1997 and
revised it in 2012 (with amendments in 2014).
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a. What is required in a maintenance
plan?
Section 175A of the CAA sets forth
the elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. Under
section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least 10
years after the Administrator approves a
redesignation to attainment. Eight years
after the redesignation, the state must
submit a revised maintenance plan
demonstrating that attainment will
continue to be maintained for the 10
years following the initial 10-year
period. To address the possibility of
future NAAQS violations, the
maintenance plan must contain such
contingency measures as EPA deems
necessary to assure prompt correction of
any future 2008 lead violations. The
Calcagni Memorandum provides further
guidance on the content of a
maintenance plan, explaining that a
maintenance plan should address five
requirements: The attainment emissions
inventory, maintenance demonstration,
monitoring, verification of continued
attainment, and a contingency plan. As
is discussed more fully below, EPA has
preliminarily determined that
Alabama’s maintenance plan includes
all the necessary components and is
thus proposing to approve it as a
revision to the Alabama SIP.
b. Attainment Emissions Inventory
In this action, EPA is proposing to
determine that the Troy Area is
attaining the 2008 lead NAAQS based
on monitoring data from 2014–2016. In
its maintenance plan, the State selected
2010 as the base year and 2014 as the
attainment emissions inventory year.
The attainment inventory identifies a
level of emissions in the Area that is
sufficient to attain the 2008 lead
NAAQS. As noted above, the year 2010
was chosen as the base year for
developing a comprehensive emissions
inventory for lead. To evaluate
maintenance through 2028, Alabama
prepared emissions projections for the
years 2022 and 2028. Although not
required by the CAA, Alabama also
provided information for emissions in
2016.
Descriptions of how Alabama
developed the emissions inventory are
located in Chapter 4 of the January 3,
2018, submittal, which can be found in
the docket for this action. The Sanders
Lead Facility is the only point source of
lead emissions within the Area. For the
2014 attainment year and 2016
inventories, the State relied on actual
reported lead emissions from the
Sanders Lead Facility for the point
source component of the inventory and
assumed that the point source emissions
would remain at 2016 levels through
2028. Alabama obtained the area source
category and non-road source categories
inventory from EPA’s 2014 NEI v. l
database. To estimate lead emissions
from area sources in the Troy Area,
Alabama apportioned the county-level
lead emissions from area sources based
on the percentage of the county’s land
area contained within the Troy Area and
determined that lead emissions from
area sources total approximately 0.01
pounds per year in the Area. Similarly,
to estimate lead emissions from nonroad emissions, Alabama apportioned
the county-level lead emissions from
non-road sources based on land area
and determined that lead emissions
from non-road sources total
approximately 0.68 pounds per year in
the Area. The State assumed that these
area source and non-road source
emissions remain constant from 2014
through 2028. Alabama determined that
there are no sources of lead emissions
in the Area from on-road sources based
on EPA’s 2014 NEI v. l. Table 2, below,
identifies base year (2010) emissions,
attainment year (2014) emissions,
interim year (2016 and 2022), and outyear (2028) emissions.
c. Maintenance Demonstration
The maintenance plan associated with
the redesignation request includes a
maintenance demonstration that:
(i) Shows compliance with and
maintenance of the 2008 lead NAAQS
by providing information to support the
demonstration that current and future
emissions of lead remain at or below
2014 emissions levels.
(ii) Uses 2014 as the attainment year
and includes future emissions inventory
projections for 2022 and 2028.
(iii) Identifies an ‘‘out year’’ at least 10
years after the time necessary for EPA to
review and approve the maintenance
plan.
(iv) Provides actual (2010, 2014, and
2016 7) and projected (2022 and 2028)
emissions inventories, in tons per year
(tpy), for the Troy Area, as shown in
Table 2, below.
TABLE 2—ACTUAL AND PROJECTED ANNUAL LEAD EMISSIONS FOR THE TROY AREA
[Pounds per year]
2014
Base attainment year
2016
Interim year
2022
Interim year
2028
Maintenance year
7,368.5
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2010
Nonattainment base year
1,584.69
950.69
950.69
950.69
In situations where local emissions
are the primary contributor to
nonattainment, such as the Troy Area, if
the future projected emissions in the
nonattainment area remain at or below
the baseline emissions in the
nonattainment area, then the related
ambient air quality standards should not
be exceeded in the future. Alabama has
projected emissions as described
previously and determined that
emissions in the Troy Area will remain
below those in the attainment year
inventory for the duration of the
maintenance plan.
EPA believes that the Troy Area will
continue to maintain the standard at
least through the year 2028 because the
only point source of lead emissions in
the Area has instituted permanent and
enforceable controls, which are reflected
in the 2014 and later emissions
inventories; other sources of lead in the
Area contribute only a small portion of
the total emissions for the Area, as
compared to the single point source
(Sanders Lead Facility); and the design
values for the Area beginning in 2014–
2016 have been well below the NAAQS
standard of 0.15 mg/m3.
d. Monitoring Network
There are currently two monitors
measuring ambient air lead
concentrations in the Troy Area, one
which is a Federal Reference Method
(FRM) (Pb-Total Suspended Particles)
monitor meeting the requirements of 40
CFR part 58, and another that is co-
7 For 2016, Alabama provided projected
emissions inventories for the area and nonroad
sectors.
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located for quality assurance purposes.
ADEM has committed to continue
operation of its lead monitors in the
Troy Area in compliance with 40 CFR
part 58 and has thus addressed the
requirement for monitoring. EPA
approved Alabama’s monitoring plan
related to the Troy Area on November
7, 2017.
e. Verification of Continued Attainment
Alabama has the legal authority to
enforce and implement the maintenance
plan for the Area. This includes the
authority to adopt, implement, and
enforce any subsequent emissions
control contingency measures
determined to be necessary to correct
future lead attainment problems.
Large stationary sources are required
to submit an emissions inventory
annually to ADEM.8 ADEM prepares a
new periodic inventory for all lead
sources every three years. This lead
inventory will be prepared for future
years as necessary to comply with the
inventory reporting requirements
established in the CFR. Emissions
information will be compared to the
2014 attainment year and the 2028
projected maintenance year inventory to
assess emission trends, as necessary,
and to assure continued compliance
with the lead standard. Additionally,
under the Air Emissions Reporting
Requirements (AERR), ADEM is
required to develop a comprehensive,
annual, statewide emissions inventory
every three years that is due twelve to
eighteen months after the completion of
the inventory year. The AERR inventory
years match the attainment year, and are
within one or two years of the interim
and final inventory years of the
maintenance plan. Therefore, ADEM
commits to compare the AERR
inventories as they are developed with
the 2014 and 2028 inventories in the
maintenance plan to evaluate
compliance with the 2008 lead NAAQS
in this Area.
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f. Contingency Measures in the
Maintenance Plan
Section 175A of the CAA requires that
a maintenance plan include such
contingency measures as EPA deems
necessary to assure that the state will
promptly correct a violation of the
8 Alabama’s January 3, 2018, SIP submittal states
that major point sources in all counties are required
to submit air emissions information annually, in
accordance with U.S. EPA’s AERR Rule (40 CFR
part 51, subpart A). Although the AERR
requirement for reporting of lead-only emissions is
triennial, because the Sanders Lead Facility is a
‘‘Type A’’ source under the AERR for other criteria
pollutants, it is also required to report lead
emissions annually. See 80 FR 8787 (February 19,
2015).
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16:42 Apr 12, 2018
Jkt 244001
NAAQS that occurs after redesignation.
The maintenance plan should identify
the contingency measures to be adopted,
a schedule and procedure for adoption
and implementation, and a time limit
for action by the state. A state should
also identify specific indicators to be
used to determine when the
contingency measures need to be
implemented. The maintenance plan
must include a requirement that a state
will implement all measures with
respect to control of the pollutant that
were contained in the SIP before
redesignation of the area to attainment
in accordance with section 175A(d).
In the January 3, 2018, submittal,
Alabama commits to maintaining the
existing control measures at the Sanders
Lead Facility after redesignation. As
discussed above, the Sanders Lead
Facility is the primary contributor to
lead in the nonattainment area, the
Facility is subject to the secondary lead
NESHAP, and EPA has incorporated the
lead control measures for the Facility
into the SIP as RACM/RACT. See 79 FR
4407 (January 28, 2014).
The contingency plan included in the
submittal contains a triggering event to
determine when contingency measures
will be implemented. Alabama will
begin the process to implement
contingency measures when, in
accordance with 40 CFR part 58,
ambient lead monitoring data indicates
a future violation of the lead NAAQS.
Also, in the event that the 3-month
rolling average of lead concentrations in
a year at the monitor in the Area records
a violation of 0.16 mg/m3 or higher, the
State will evaluate existing control
measures to determine whether any
further emission reduction measures
should be implemented at that time.
Alabama will adopt and implement at
least one of the following contingency
measures within 18 months of
certification of a violation of the lead
standard:
• Improvements in existing control
devices;
• Addition of secondary control
devices or improvements in
housekeeping and maintenance; and
• Other measures based on the cause
of the elevated lead concentrations.
Any contingency measure
implemented for an operating permitted
source will require a compliance plan
and expeditious compliance from the
entity(ies) involved.
EPA has preliminarily concluded that
the maintenance plan adequately
addresses the five basic components of
a maintenance plan: The attainment
emissions inventory, maintenance
demonstration, monitoring, verification
of continued attainment, and a
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Fmt 4702
Sfmt 4702
contingency plan. Therefore, EPA
proposes to determine that the
maintenance plan for the Area meets the
requirements of section 175A of the
CAA and proposes to incorporate the
maintenance plan into the Alabama SIP.
VI. Proposed Actions
EPA is proposing to take three
separate but related actions regarding
the redesignation request and associated
SIP revision for the Troy Area.
First, EPA is proposing to determine,
based upon review of quality-assured
and certified ambient monitoring data
for the 2014–2016 period that the Area
attains the 2008 lead NAAQS.
Second, EPA proposing to approve
the maintenance plan for the Area and
to incorporate it into the SIP. As
described above, the maintenance plan
demonstrates that the Area will
continue to maintain the 2008 lead
NAAQS through 2028.
Third, EPA is proposing to approve
Alabama’s request for redesignation of
the Area from nonattainment to
attainment for the 2008 lead NAAQS. If
finalized, approval of the redesignation
request for the Troy Area would change
the official designation of the portion of
Pike County, Alabama, 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,
as found at 40 CFR part 81, from
nonattainment to attainment for the
2008 lead NAAQS.
VII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 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, these proposed
actions merely propose to approve state
law as meeting Federal requirements
and do not impose additional
requirements beyond those imposed by
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daltland on DSKBBV9HB2PROD with PROPOSALS
state law. For this reason, these
proposed actions:
• Are not significant regulatory
actions 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);
• Are not Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
actions because SIP approvals and
redesignations are exempted under
Executive Order 12866;
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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
• Will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the proposed actions do not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
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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16:42 Apr 12, 2018
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40 CFR Part 81
Environmental protection, Air
pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 2, 2018.
Onis ‘‘Trey’’ Glenn, III
Regional Administrator, Region 4.
[FR Doc. 2018–07654 Filed 4–12–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60, 61, and 63
[EPA–R06–OAR–2016–0091; FRL–9975–92–
Region 6]
New Source Performance Standards
and National Emission Standards for
Hazardous Air Pollutants; Delegation
of Authority to New Mexico
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The New Mexico
Environment Department (NMED has
submitted updated regulations for
receiving delegation and approval of a
program for the implementation and
enforcement of certain New Source
Performance Standards (NSPS) and
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
all sources (both Title V and non-Title
V sources). These updated regulations
apply to certain NSPS promulgated by
the EPA at part 60, as amended between
September 24, 2013 and January 15,
2017; certain NESHAP promulgated by
the EPA at part 61, as amended between
January 1, 2011 and January 15, 2017;
and other NESHAP promulgated by the
EPA at part 63, as amended between
August 30, 2013 and January 15, 2017,
as adopted by the NMED. The
delegation of authority under this action
does not apply to sources located in
Bernalillo County, New Mexico or to
sources located in Indian Country. The
EPA is providing notice that it is
updating the delegation of certain NSPS
to NMED and proposing to approve the
delegation of certain NESHAP to NMED.
DATES: Written comments should be
received on or before May 14, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2016–0091, at https://
www.regulations.gov or via email to
barrett.richard@epa.gov. For additional
information on how to submit
comments see the detailed instructions
in the ADDRESSES section of the direct
final rule located in the rules section of
this issue of the Federal Register.
SUMMARY:
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16027
Mr.
Rick Barrett (6MM–AP), (214) 665–7227;
email: barrett.richard@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of this issue of the
Federal Register, the EPA is approving
NMED’s request for delegation of
authority to implement and enforce
certain NSPS and NESHAP for all
sources (both Title V and non-Title V
sources). NMED has adopted certain
NSPS and NESHAP by reference into
New Mexico’s state regulations. In
addition, the EPA is waiving certain
notification requirements required by
the delegated standards so that sources
will only need to notify and report to
NMED, thereby avoiding duplicative
notification and reporting to the EPA.
The EPA is taking direct final action
without prior proposal because the EPA
views this as a noncontroversial action
and anticipates no relevant adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action,
no further activity is contemplated. If
the EPA receives relevant adverse
comments, the direct final rule will be
withdrawn, and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. The EPA will not
institute a second comment period. Any
parties interested in commenting should
do so at this time.
For additional information, see the
direct final rule which is located in the
rules section of this issue of the Federal
Register.
FOR FURTHER INFORMATION CONTACT:
Dated: March 22, 2018.
Wren Stenger,
Director, Multimedia Division, Region 6.
[FR Doc. 2018–07326 Filed 4–12–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 217
[Docket No. 170908887–8328–01]
RIN 0648–BH24
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to U.S. Navy Pier
Construction Activities at Naval
Submarine Base New London
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
E:\FR\FM\13APP1.SGM
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Agencies
[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Proposed Rules]
[Pages 16021-16027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07654]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2018-0077; FRL-9976-77--Region 4]
Air Plan Approval and Air Quality Designation; AL; Redesignation
of the Pike County Lead Nonattainment Area to Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On January 3, 2018, the State of Alabama, through the Alabama
Department of Environmental Management (ADEM), submitted a request for
the Environmental Protection Agency (EPA) to redesignate the Troy 2008
lead Nonattainment Area (``Troy Area'' or ``Area'') to attainment for
the 2008 lead (Pb) National Ambient Air Quality Standards (NAAQS or
standard) and to approve an associated State Implementation Plan (SIP)
revision containing a maintenance plan. The Troy Area is comprised of a
portion of Pike County in Alabama surrounding the Sanders Lead Company
facility (Sanders Lead Facility or Facility). EPA is proposing to
determine that the Troy Area is attaining 2008 lead NAAQS; to approve
the SIP revision containing the State's maintenance plan for
maintaining attainment of the 2008 lead standard; and to redesignate
the Troy Area to attainment for the 2008 lead NAAQS.
DATES: Comments must be received on or before May 14, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No EPA-R04-
OAR-2018-0077 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ashten Bailey of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Ms. Bailey may be reached by phone at (404) 562-9164 or via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. What are the actions EPA is proposing to take?
EPA is proposing to take the following three separate but related
actions: (1) To determine that the Troy Area is attaining the 2008 lead
NAAQS; (2) to approve Alabama's maintenance plan for maintaining the
2008 lead NAAQS in the Area and incorporate the plan into the SIP; and
(3) to redesignate the Area to attainment. The Troy Area is comprised
of the portion of Pike County, Alabama, 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.
EPA is making the preliminarily determination that the Troy Area is
attaining the 2008 lead NAAQS based on recent air quality data, and
proposing to approve Alabama's maintenance plan for the Troy Area as
meeting the requirements of section 175A (such approval being one of
the Clean Air Act (CAA or Act) criteria for redesignation to attainment
status). The maintenance plan is designed to keep the Troy Area in
attainment of the 2008 lead NAAQS through 2028. As explained in Section
V, below, EPA is also proposing to determine that attainment can be
maintained through 2028.
EPA is further proposing to determine that the Troy Area has met
the requirements for redesignation under section 107(d)(3)(E) of the
CAA. Accordingly, in this action, EPA is proposing to approve a request
to change the legal designation of the Troy Area from nonattainment to
attainment for the 2008 lead NAAQS.
In summary, this notice of proposed rulemaking is in response to
Alabama's January 3, 2018, redesignation request and associated SIP
submission that addresses the specific issues summarized above and the
necessary elements described in section 107(d)(3)(E) of the CAA for
redesignation of the Troy Area to attainment for the 2008 lead NAAQS.
II. What is the background for EPA's proposed actions?
On November 12, 2008 (73 FR 66964), EPA promulgated a revised
primary and secondary lead NAAQS of 0.15 micrograms per cubic meter
([mu]g/m\3\). Under EPA's regulations at 40 CFR part 50, the 2008 lead
NAAQS are met when the maximum arithmetic 3-month mean concentration
for a 3-year period, as determined in accordance with Appendix R of 40
CFR part 50, is less than or equal to 0.15 [mu]g/m\3\. See 40 CFR
50.16. Ambient air quality monitoring data for the 3-year period must
meet a data completeness requirement.
EPA designated the Troy Area as a nonattainment area for the 2008
lead NAAQS on November 22, 2010 (75 FR 71033), effective December 31,
2010, using 2007-2009 ambient air quality data. This established an
attainment date five years after the December 31, 2010, effective date
for the 2008 lead nonattainment designations pursuant to CAA section
172(a)(2)(A). Therefore, the Troy Area's attainment date was December
31, 2015.
EPA's 2008 lead nonattainment designation for the Area triggered an
obligation for Alabama to develop a nonattainment SIP revision
addressing certain CAA requirements under title I, part D, subpart 1
(hereinafter ``Subpart 1'') and to submit that SIP revision in
accordance with the deadlines in title I, part D, subpart 5
(hereinafter ``Subpart 5''). Subpart 1 contains the general
requirements for nonattainment areas for criteria pollutants, including
requirements to develop a SIP that provides for the implementation of
reasonably available control measures
[[Page 16022]]
(RACM), requires reasonable further progress (RFP), includes base-year
and attainment-year emissions inventories, and provides for the
implementation of contingency measures. On January 28, 2014 (79 FR
4407), EPA published a final rule that approved a SIP revision,
comprised of an attainment plan, based on Alabama's attainment
demonstration for the Troy Area that included the base year emissions
inventory requirements, RACM requirements that include reasonably
available control technology (RACT), RFP plan, modeling demonstration
of lead attainment, and contingency measures for the Troy Area.
III. What are the criteria for redesignation?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation providing that: (1) The Administrator
determines that the area has attained the applicable NAAQS; (2) the
Administrator has fully approved the applicable implementation plan for
the area under section 110(k); (3) the Administrator determines that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP and applicable Federal air pollutant control regulations and other
permanent and enforceable reductions; (4) the Administrator has fully
approved a maintenance plan for the area as meeting the requirements of
section 175A; and (5) the state containing such area has met all
requirements applicable to the area for purposes of redesignation under
section 110 and part D of the CAA.
On April 16, 1992, EPA provided guidance on redesignation in the
General Preamble for the Implementation of title I of the CAA
Amendments of 1990 (57 FR 13498), and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has provided further guidance on
processing redesignation requests in the following documents:
1. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (hereinafter referred to as
the ``Calcagni Memorandum'');
2. ``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28,
1992; and
3. ``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary
D. Nichols, Assistant Administrator for Air and Radiation, October
14, 1994.
IV. Why is EPA proposing these actions?
On January 3, 2018, Alabama requested that EPA redesignate the Troy
Area to attainment for the 2008 lead NAAQS and submitted an associated
SIP revision containing a maintenance plan. EPA's evaluation indicates
that the Troy Area is attaining the 2008 lead NAAQS and the Troy Area
meets the requirements for redesignation as set forth in section
107(d)(3)(E)(i), including the maintenance plan requirements under
section 175A of the CAA. As a result, EPA is proposing to take the
three related actions summarized in section I of this notice.
V. What is EPA's analysis of the State's redesignation request and SIP
revision?
As stated above, in accordance with the CAA, EPA proposes in this
action to: (1) Determine that the Troy Area is attaining the 2008 lead
NAAQS; (2) approve the 2008 lead NAAQS maintenance plan for the Area
and incorporate the plan into the SIP; and (3) redesignate the Area to
attainment for the 2008 lead NAAQS.
A. Redesignation Request and Maintenance Demonstration
The five redesignation criteria provided under CAA section
107(d)(3)(E) are discussed in greater detail for the Area in the
following paragraphs of this section.
Criteria (1)--The Troy Area Has Attained the 2008 Lead NAAQS
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS. See CAA section 107(d)(3)(E)(i). For lead, an area may be
considered to be attaining the 2008 lead NAAQS if it meets the 2008
lead NAAQS, as determined in accordance with 40 CFR 50.16 and Appendix
R of part 50, based on three complete, consecutive calendar years of
quality-assured air quality monitoring data. To attain the NAAQS, the
maximum arithmetic 3-month mean lead concentration for a 3-year period
must not exceed 0.15 [mu]g/m\3\ at any monitor within the area. The
data must be collected and quality-assured in accordance with 40 CFR
part 58 and recorded in the EPA Air Quality System (AQS). The monitors
generally should have remained at the same location for the duration of
the monitoring period required for demonstrating attainment.
Monitoring data for the Area shows that the 2008 lead NAAQS was
attained. As demonstrated in Table 1, below, the 2014-2016 design value
for the area was 0.09 [mu]g/m\3\, well below the 2008 lead standard of
0.15 [mu]g/m\3\.
Table 1--2014-2016 Design Value Concentrations for the Troy Area
[[mu]g/m\3\] \1\
----------------------------------------------------------------------------------------------------------------
2014 annual 2015 annual 2016 annual
maximum rolling maximum rolling maximum rolling
Monitoring station three month three month three month Design value
average average average
----------------------------------------------------------------------------------------------------------------
01-109-0003..................... 0.08 0.07 0.09 0.09
----------------------------------------------------------------------------------------------------------------
Although 2014-2016 data are the most recent quality-assured and
certified data, preliminary 2017 data indicate that the Area continues
to attain the standard.\2\ In this proposed action, EPA is proposing to
determine that the Troy Area is attaining the 2008 lead NAAQS. If the
Area does not continue to attain the standard before EPA finalizes the
redesignation, EPA will not go forward with the redesignation. As
discussed in more detail below, Alabama has committed to continue
monitoring ambient air lead concentrations in this Area in accordance
with 40 CFR part 58.
---------------------------------------------------------------------------
\1\ Air quality design values for all criteria air pollutants
are available at: https://www.epa.gov/air-trends/air-quality-design-values.
\2\ Preliminary 2017 data is available at https://www.epa.gov/outdoor-air-quality-data/monitor-values-report; 2017 data will not
be certified until May of 2018.
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[[Page 16023]]
Criteria (2)--Alabama Has a Fully Approved SIP Under Section 110(k) for
the Troy Area; and Criteria (5)--Alabama Has Met All Applicable
Requirements Under Section 110 and Part D of Title I of the CAA
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the state has met all applicable
requirements under section 110 and part D of title I of the CAA (CAA
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA
proposes to find that Alabama has met all applicable SIP requirements
for the Troy Area under section 110 of the CAA (general SIP
requirements) for purposes of redesignation. Additionally, EPA proposes
to find that Alabama has met all applicable SIP requirements for
purposes of redesignation under part D of title I of the CAA in
accordance with section 107(d)(3)(E)(v) and that the SIP is fully
approved with respect to all requirements applicable for purposes of
redesignation in accordance with section 107(d)(3)(E)(ii). In making
these proposed determinations, EPA ascertained which requirements are
applicable to the Area and, if applicable, that they are fully approved
under section 110(k). SIPs must be fully approved only with respect to
requirements that were applicable prior to submittal of the complete
redesignation request.
a. The Troy Area Has Met All Applicable Requirements Under Section 110
and Part D of the CAA
General SIP requirements. General SIP elements and requirements are
delineated in section 110(a)(2) of title I, part A of the CAA. These
requirements include, but are not limited to, the following: Submittal
of a SIP that has been adopted by the state after reasonable public
notice and hearing; provisions for establishment and operation of
appropriate procedures needed to monitor ambient air quality;
implementation of a source permit program; provisions for the
implementation of part C requirements (Prevention of Significant
Deterioration (PSD)) and provisions for the implementation of part D
requirements (New Source Review (NSR) permit programs); provisions for
air pollution modeling; and provisions for public and local agency
participation in planning and emission control rule development.
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address the interstate
transport of air pollutants. The section 110(a)(2)(D) requirements for
a state are not linked with a particular nonattainment area's
designation and classification in that state. EPA believes that the
requirements linked with a particular nonattainment area's designation
and classifications are the relevant measures to evaluate in reviewing
a redesignation request. The transport SIP submittal requirements,
where applicable, continue to apply to a state regardless of the
designation of any one particular area in the state. Thus, EPA does not
believe that the CAA's interstate transport requirements should be
construed to be applicable requirements for purposes of redesignation.
In addition, EPA believes that other section 110 elements that are
neither connected with nonattainment plan submissions nor linked with
an area's attainment status are not applicable requirements for
purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated. The section 110 and part D
requirements which are linked with a particular area's designation and
classification are the relevant measures to evaluate in reviewing a
redesignation request. This approach is consistent with EPA's existing
policy on applicability (i.e., for redesignations) of conformity and
oxygenated fuels requirements, as well as with section 184 ozone
transport requirements. See Reading, Pennsylvania, proposed and final
rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7,
2008); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458,
May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748,
December 7, 1995). See also the discussion on this issue in the
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19,
2001). Nonetheless, EPA has approved Alabama's SIP revision related to
the section 110 requirements for the 2008 lead NAAQS, with the
exception of the state board requirements under 110(a)(2)(E)(ii).\3\
See 80 FR 61111 (October 9, 2015) and 80 FR 14019 (March 18, 2015).
---------------------------------------------------------------------------
\3\ Although not required for redesignation as discussed above,
EPA notes that a proposed approval of the section 110(a)(2)(E)(ii)
CAA infrastructure requirements applicable to state boards was
published on February 8, 2018. See 83 FR 5594.
---------------------------------------------------------------------------
Title I, Part D, applicable SIP requirements. Subpart 1 of part D,
found in sections 172-176 of the CAA, sets forth the basic
nonattainment requirements applicable to all nonattainment areas. All
areas that were designated nonattainment for the 2008 lead NAAQS were
designated under Subpart 1 in accordance with the deadlines in Subpart
5. For purposes of evaluating this redesignation request, the
applicable Subpart 1 SIP requirements for all nonattainment areas are
contained in sections 172(c)(1)-(9) and in section 176. A thorough
discussion of the requirements contained in sections 172 and 176 can be
found in the General Preamble for Implementation of title I. See 57 FR
13498 (April 16, 1992).
Subpart 1 Section 172 Requirements. Section 172 requires states
with nonattainment areas to submit attainment plans providing for
timely attainment and meeting a variety of other requirements. EPA's
longstanding interpretation of the nonattainment planning requirements
of section 172 is that once an area is attaining the NAAQS, those
requirements are not ``applicable'' for purposes of CAA section
107(d)(3)(E)(ii) and therefore need not be approved into the SIP before
EPA can redesignate the area. In the 1992 General Preamble for
Implementation of Title I, EPA set forth its interpretation of
applicable requirements for purposes of evaluating redesignation
requests when an area is attaining a standard. See 57 FR 13498, 13564
(April 16, 1992). EPA noted that the requirements for RFP and other
measures designed to provide for attainment do not apply in evaluating
redesignation requests because those nonattainment planning
requirements ``have no meaning'' for an area that has already attained
the standard. Id. This interpretation was also set forth in the
Calcagni Memorandum. EPA's understanding of section 172 also forms the
basis of its Clean Data Policy, which suspends a state's obligation to
submit most of the attainment planning requirements that would
otherwise apply, including an attainment demonstration and planning
SIPs to provide for RFP, RACM, and contingency measures under section
172(c)(9).
As noted above, EPA already approved Alabama's attainment plan for
the Area. See 79 FR 4407 (January 28, 2014). Among other things, the
approved attainment plan satisfied the section 172(c)(1) requirements
for RACM; 172(c)(2) requirements related to RFP; 172(c)(3) requirements
for an emissions inventory; 172(c)(6)
[[Page 16024]]
requirements for enforceable control measures to provide for attainment
by the attainment date; and 172(c)(9) requirements for contingency
measures.
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources to be
allowed in an area, and section 172(c)(5) requires source permits for
the construction and operation of new and modified major stationary
sources anywhere in the nonattainment area. Alabama currently has a
fully-approved part D NSR program in place. However, EPA has determined
that, since PSD requirements will apply after redesignation, areas
being redesignated need not comply with the requirement that a NSR
program be approved prior to redesignation, provided that the area
demonstrates maintenance of the NAAQS without part D NSR. A more
detailed rationale for this view is described in a memorandum from Mary
Nichols, Assistant Administrator for Air and Radiation, dated October
14, 1994, entitled ``Part D New Source Review Requirements for Areas
Requesting Redesignation to Attainment.'' Alabama has demonstrated that
the Area will be able to maintain the NAAQS without part D NSR in
effect, and therefore Alabama need not have fully approved part D NSR
programs prior to approval of the redesignation request. Alabama's PSD
program will become effective in the Area upon redesignation to
attainment.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, EPA believes that the
Alabama SIP meets the requirements of section 110(a)(2) applicable for
purposes of redesignation.
Section 172(c)(8) allows a state to use equivalent modeling,
emission inventory, and planning procedures if such use is requested by
the state and approved by EPA. Alabama has not requested the use of
equivalent techniques under section 172(c)(8).
Section 176 Conformity Requirements. Section 176(c) of the CAA
requires states to establish criteria and procedures to ensure that
federally supported or funded projects conform to the air quality
planning goals in the applicable SIP. The requirement to determine
conformity applies to transportation plans, programs, and projects that
are developed, funded, or approved under title 23 of the United States
Code (U.S.C.) and the Federal Transit Act (transportation conformity)
as well as to all other federally supported or funded projects (general
conformity). State transportation conformity SIP revisions must be
consistent with Federal conformity regulations relating to
consultation, enforcement, and enforceability that EPA promulgated
pursuant to its authority under the CAA. In light of the elimination of
lead additives in gasoline, transportation conformity does not apply to
the lead NAAQS. See 73 FR 66964 (November 12, 2008).
b. The Troy Area Has a Fully Approved Applicable SIP Under Section
110(k) of the CAA
EPA has fully approved the applicable Alabama SIP for the Troy Area
under section 110(k) of the CAA for all requirements applicable for
purposes of redesignation. EPA may rely on prior SIP approvals in
approving a redesignation request (see Calcagni Memorandum at p. 3;
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984,
989-90 (6th Cir. 1998); Wall, 265 F.3d 426) plus any additional
measures it may approve in conjunction with a redesignation action. See
68 FR 25426 (May 12, 2003) and citations therein. Following passage of
the CAA of 1970, Alabama has adopted and submitted, and EPA has fully
approved at various times, provisions addressing various SIP elements
applicable for the 2008 lead NAAQS in the Troy Area. See 80 FR 61111
(October 9, 2015); 80 FR 14019 (March 18, 2015); and 79 FR 4407
(January 28, 2014).
As indicated above, EPA believes that the section 110 elements that
are neither connected with nonattainment plan submissions nor linked to
an area's nonattainment status are not applicable requirements for
purposes of redesignation.
Criteria (3)--The Air Quality Improvement in the Troy Area Is Due to
Permanent and Enforceable Reductions in Emissions Resulting From
Implementation of the SIP and Applicable Federal Air Pollution Control
Regulations and Other Permanent and Enforceable Reductions
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the air quality improvement in the area
is due to permanent and enforceable reductions in emissions resulting
from implementation of the SIP, applicable Federal air pollution
control regulations, and other permanent and enforceable reductions
(CAA section 107(d)(3)(E)(iii)). EPA has preliminarily determined that
Alabama has demonstrated that the observed air quality improvement in
the Troy Area is due to permanent and enforceable reductions in
emissions.
When EPA designated the Troy Area as a nonattainment for the lead
NAAQS, EPA determined that operations at the Sanders Lead Facility were
the primary cause of the 2008 lead NAAQS violation in the Area.\4\ In
2012, the State submitted an attainment plan that contained lead
controls needed to attain the NAAQS to satisfy the section 172(c)(1)
RACM requirement. EPA approved these controls as RACM/RACT and
incorporated them into the SIP, making them permanent and enforceable
SIP measures to meet the requirements of the CAA and 2008 Lead
NAAQS.\5\ See 79 FR 4407 (January 28, 2014); 78 FR 54835 (September 6,
2013). In addition, the Facility is subject to the revised secondary
lead smelting National Emissions Standards for Hazardous Air Pollutants
(NESHAP).\6\ Alabama has incorporated the requirements to install and
operate controls related to RACM/RACT and the lead NESHAP into the
Facility's Title V permit, attached as Appendix A to the January 3,
2018 submittal. EPA considers the emissions reductions from the lead
controls at the Sanders Lead Facility to be permanent and enforceable.
---------------------------------------------------------------------------
\4\ See Region 4--Final Alabama Technical Support Document For
1st Round of Lead Designations, available at regulations.gov,
document ID EPA-HQ-OAR-2009-0443-0327.
\5\ These controls include enclosing various sources of
emissions, routing emissions to stacks through baghouse and HEPA
filters, and maintaining plant and haul roads so that dust will not
become airborne. See Submitttal at 2-6, 2-7.
\6\ See 78 FR 54835 (September 9, 2013). The secondary lead
NESHAP, codified at 40 CFR part 63, subpart X, sets emissions
standards for facilities that recycle lead-bearing scrap material,
typically lead acid batteries, into elemental lead or lead alloys.
EPA promulgated the standard in 1997 and revised it in 2012 (with
amendments in 2014).
---------------------------------------------------------------------------
Criteria (4)--The Troy Area Has a Fully Approved Maintenance Plan
Pursuant to Section 175A of the CAA
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA. See CAA section
107(d)(3)(E)(iv). In conjunction with its request to redesignate the
Alabama portion of the Troy Area to attainment for the 2008 lead NAAQS,
ADEM submitted a SIP revision to provide for maintenance of the 2008
lead NAAQS for at least 10 years after the effective date of
redesignation to attainment. EPA believes that this maintenance plan
meets the requirements for approval under section 175A of the CAA.
[[Page 16025]]
a. What is required in a maintenance plan?
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the 10
years following the initial 10-year period. To address the possibility
of future NAAQS violations, the maintenance plan must contain such
contingency measures as EPA deems necessary to assure prompt correction
of any future 2008 lead violations. The Calcagni Memorandum provides
further guidance on the content of a maintenance plan, explaining that
a maintenance plan should address five requirements: The attainment
emissions inventory, maintenance demonstration, monitoring,
verification of continued attainment, and a contingency plan. As is
discussed more fully below, EPA has preliminarily determined that
Alabama's maintenance plan includes all the necessary components and is
thus proposing to approve it as a revision to the Alabama SIP.
b. Attainment Emissions Inventory
In this action, EPA is proposing to determine that the Troy Area is
attaining the 2008 lead NAAQS based on monitoring data from 2014-2016.
In its maintenance plan, the State selected 2010 as the base year and
2014 as the attainment emissions inventory year. The attainment
inventory identifies a level of emissions in the Area that is
sufficient to attain the 2008 lead NAAQS. As noted above, the year 2010
was chosen as the base year for developing a comprehensive emissions
inventory for lead. To evaluate maintenance through 2028, Alabama
prepared emissions projections for the years 2022 and 2028. Although
not required by the CAA, Alabama also provided information for
emissions in 2016.
Descriptions of how Alabama developed the emissions inventory are
located in Chapter 4 of the January 3, 2018, submittal, which can be
found in the docket for this action. The Sanders Lead Facility is the
only point source of lead emissions within the Area. For the 2014
attainment year and 2016 inventories, the State relied on actual
reported lead emissions from the Sanders Lead Facility for the point
source component of the inventory and assumed that the point source
emissions would remain at 2016 levels through 2028. Alabama obtained
the area source category and non-road source categories inventory from
EPA's 2014 NEI v. l database. To estimate lead emissions from area
sources in the Troy Area, Alabama apportioned the county-level lead
emissions from area sources based on the percentage of the county's
land area contained within the Troy Area and determined that lead
emissions from area sources total approximately 0.01 pounds per year in
the Area. Similarly, to estimate lead emissions from non-road
emissions, Alabama apportioned the county-level lead emissions from
non-road sources based on land area and determined that lead emissions
from non-road sources total approximately 0.68 pounds per year in the
Area. The State assumed that these area source and non-road source
emissions remain constant from 2014 through 2028. Alabama determined
that there are no sources of lead emissions in the Area from on-road
sources based on EPA's 2014 NEI v. l. Table 2, below, identifies base
year (2010) emissions, attainment year (2014) emissions, interim year
(2016 and 2022), and out-year (2028) emissions.
c. Maintenance Demonstration
The maintenance plan associated with the redesignation request
includes a maintenance demonstration that:
(i) Shows compliance with and maintenance of the 2008 lead NAAQS by
providing information to support the demonstration that current and
future emissions of lead remain at or below 2014 emissions levels.
(ii) Uses 2014 as the attainment year and includes future emissions
inventory projections for 2022 and 2028.
(iii) Identifies an ``out year'' at least 10 years after the time
necessary for EPA to review and approve the maintenance plan.
(iv) Provides actual (2010, 2014, and 2016 \7\) and projected (2022
and 2028) emissions inventories, in tons per year (tpy), for the Troy
Area, as shown in Table 2, below.
---------------------------------------------------------------------------
\7\ For 2016, Alabama provided projected emissions inventories
for the area and nonroad sectors.
Table 2--Actual and Projected Annual Lead Emissions for the Troy Area
[Pounds per year]
----------------------------------------------------------------------------------------------------------------
2010 Nonattainment 2014 Base attainment 2028 Maintenance
base year year 2016 Interim year 2022 Interim year year
----------------------------------------------------------------------------------------------------------------
7,368.5 1,584.69 950.69 950.69 950.69
----------------------------------------------------------------------------------------------------------------
In situations where local emissions are the primary contributor to
nonattainment, such as the Troy Area, if the future projected emissions
in the nonattainment area remain at or below the baseline emissions in
the nonattainment area, then the related ambient air quality standards
should not be exceeded in the future. Alabama has projected emissions
as described previously and determined that emissions in the Troy Area
will remain below those in the attainment year inventory for the
duration of the maintenance plan.
EPA believes that the Troy Area will continue to maintain the
standard at least through the year 2028 because the only point source
of lead emissions in the Area has instituted permanent and enforceable
controls, which are reflected in the 2014 and later emissions
inventories; other sources of lead in the Area contribute only a small
portion of the total emissions for the Area, as compared to the single
point source (Sanders Lead Facility); and the design values for the
Area beginning in 2014-2016 have been well below the NAAQS standard of
0.15 [mu]g/m\3\.
d. Monitoring Network
There are currently two monitors measuring ambient air lead
concentrations in the Troy Area, one which is a Federal Reference
Method (FRM) (Pb-Total Suspended Particles) monitor meeting the
requirements of 40 CFR part 58, and another that is co-
[[Page 16026]]
located for quality assurance purposes. ADEM has committed to continue
operation of its lead monitors in the Troy Area in compliance with 40
CFR part 58 and has thus addressed the requirement for monitoring. EPA
approved Alabama's monitoring plan related to the Troy Area on November
7, 2017.
e. Verification of Continued Attainment
Alabama has the legal authority to enforce and implement the
maintenance plan for the Area. This includes the authority to adopt,
implement, and enforce any subsequent emissions control contingency
measures determined to be necessary to correct future lead attainment
problems.
Large stationary sources are required to submit an emissions
inventory annually to ADEM.\8\ ADEM prepares a new periodic inventory
for all lead sources every three years. This lead inventory will be
prepared for future years as necessary to comply with the inventory
reporting requirements established in the CFR. Emissions information
will be compared to the 2014 attainment year and the 2028 projected
maintenance year inventory to assess emission trends, as necessary, and
to assure continued compliance with the lead standard. Additionally,
under the Air Emissions Reporting Requirements (AERR), ADEM is required
to develop a comprehensive, annual, statewide emissions inventory every
three years that is due twelve to eighteen months after the completion
of the inventory year. The AERR inventory years match the attainment
year, and are within one or two years of the interim and final
inventory years of the maintenance plan. Therefore, ADEM commits to
compare the AERR inventories as they are developed with the 2014 and
2028 inventories in the maintenance plan to evaluate compliance with
the 2008 lead NAAQS in this Area.
---------------------------------------------------------------------------
\8\ Alabama's January 3, 2018, SIP submittal states that major
point sources in all counties are required to submit air emissions
information annually, in accordance with U.S. EPA's AERR Rule (40
CFR part 51, subpart A). Although the AERR requirement for reporting
of lead-only emissions is triennial, because the Sanders Lead
Facility is a ``Type A'' source under the AERR for other criteria
pollutants, it is also required to report lead emissions annually.
See 80 FR 8787 (February 19, 2015).
---------------------------------------------------------------------------
f. Contingency Measures in the Maintenance Plan
Section 175A of the CAA requires that a maintenance plan include
such contingency measures as EPA deems necessary to assure that the
state will promptly correct a violation of the NAAQS that occurs after
redesignation. The maintenance plan should identify the contingency
measures to be adopted, a schedule and procedure for adoption and
implementation, and a time limit for action by the state. A state
should also identify specific indicators to be used to determine when
the contingency measures need to be implemented. The maintenance plan
must include a requirement that a state will implement all measures
with respect to control of the pollutant that were contained in the SIP
before redesignation of the area to attainment in accordance with
section 175A(d).
In the January 3, 2018, submittal, Alabama commits to maintaining
the existing control measures at the Sanders Lead Facility after
redesignation. As discussed above, the Sanders Lead Facility is the
primary contributor to lead in the nonattainment area, the Facility is
subject to the secondary lead NESHAP, and EPA has incorporated the lead
control measures for the Facility into the SIP as RACM/RACT. See 79 FR
4407 (January 28, 2014).
The contingency plan included in the submittal contains a
triggering event to determine when contingency measures will be
implemented. Alabama will begin the process to implement contingency
measures when, in accordance with 40 CFR part 58, ambient lead
monitoring data indicates a future violation of the lead NAAQS. Also,
in the event that the 3-month rolling average of lead concentrations in
a year at the monitor in the Area records a violation of 0.16 [mu]g/
m\3\ or higher, the State will evaluate existing control measures to
determine whether any further emission reduction measures should be
implemented at that time.
Alabama will adopt and implement at least one of the following
contingency measures within 18 months of certification of a violation
of the lead standard:
Improvements in existing control devices;
Addition of secondary control devices or improvements in
housekeeping and maintenance; and
Other measures based on the cause of the elevated lead
concentrations.
Any contingency measure implemented for an operating permitted
source will require a compliance plan and expeditious compliance from
the entity(ies) involved.
EPA has preliminarily concluded that the maintenance plan
adequately addresses the five basic components of a maintenance plan:
The attainment emissions inventory, maintenance demonstration,
monitoring, verification of continued attainment, and a contingency
plan. Therefore, EPA proposes to determine that the maintenance plan
for the Area meets the requirements of section 175A of the CAA and
proposes to incorporate the maintenance plan into the Alabama SIP.
VI. Proposed Actions
EPA is proposing to take three separate but related actions
regarding the redesignation request and associated SIP revision for the
Troy Area.
First, EPA is proposing to determine, based upon review of quality-
assured and certified ambient monitoring data for the 2014-2016 period
that the Area attains the 2008 lead NAAQS.
Second, EPA proposing to approve the maintenance plan for the Area
and to incorporate it into the SIP. As described above, the maintenance
plan demonstrates that the Area will continue to maintain the 2008 lead
NAAQS through 2028.
Third, EPA is proposing to approve Alabama's request for
redesignation of the Area from nonattainment to attainment for the 2008
lead NAAQS. If finalized, approval of the redesignation request for the
Troy Area would change the official designation of the portion of Pike
County, Alabama, 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, as found at 40 CFR part 81, from
nonattainment to attainment for the 2008 lead NAAQS.
VII. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. See 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, these proposed actions merely propose to approve state law
as meeting Federal requirements and do not impose additional
requirements beyond those imposed by
[[Page 16027]]
state law. For this reason, these proposed actions:
Are not significant regulatory actions 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);
Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals and redesignations are
exempted under Executive Order 12866;
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the proposed
actions do not have tribal implications as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), nor will it impose substantial
direct costs on tribal governments or preempt tribal law.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 2, 2018.
Onis ``Trey'' Glenn, III
Regional Administrator, Region 4.
[FR Doc. 2018-07654 Filed 4-12-18; 8:45 am]
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