[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Rules and Regulations]
[Pages 43655-43661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17612]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2013-0791; FRL-9914-22-Region-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Redesignation of the Bellefontaine Area To Attainment of the 2008 
Lead Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On October 29, 2013, the Ohio Environmental Protection Agency 
(OEPA) submitted a request for the Environmental Protection Agency 
(EPA) to redesignate the Bellefontaine nonattainment area to attainment 
for the 2008 national ambient air quality standards (NAAQS or 
standards) for lead. EPA determined that the Bellefontaine area meets 
the requirements for redesignation and is also approving several 
additional related actions. EPA is approving, as revisions to the Ohio 
state implementation plan (SIP), the state's plan for maintaining the 
2008 lead NAAQS through 2025 for the area. EPA is approving the 2010 
emissions inventory for the Bellefontaine area, which meet the 
comprehensive emissions inventory requirement of the Act. EPA is 
approving to take these actions in accordance with the Clean Air Act 
(CAA or Act) and EPA's implementation regulations regarding the 2008 
lead NAAQS.

DATES: This direct final rule is effective September 26, 2014, unless 
EPA receives adverse comments by August 27, 2014. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the

ADDRESSES:  Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2013-0791, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: aburano.douglas@epa.gov.
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted during the Regional Office normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information. The Regional Office official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2013-0791. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Sarah Arra, Environmental Scientist, at 
(312) 886-9401 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-9401, arra.sarah@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What actions is EPA taking?
II. What is the background for these actions?
III. What are the criteria for redesignation to attainment?
IV. What is EPA's analysis of the state's request?
V. What are the effects of EPA's actions?
VI. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is taking several actions related to the redesignation of the 
Bellefontaine area to attainment for the 2008 lead

[[Page 43656]]

NAAQS. EPA is approving Ohio's lead maintenance plan for the 
Bellefontaine area as a revision to the Ohio SIP. EPA is approving the 
2010 lead base year emission inventory which satisfies the requirement 
in section 172(c)(3) for a current, accurate and comprehensive emission 
inventory.
    EPA also finds that Ohio meets the requirements for redesignation 
of the Bellefontaine area to attainment of the 2008 lead NAAQS under 
section 107(d)(3)(E) of the CAA. EPA is thus granting Ohio's request to 
change the designation of the Bellefontaine area from nonattainment to 
attainment for the 2008 lead NAAQS. EPA's analysis for these actions 
are discussed in Section V. of today's rulemaking.

II. What is the background for these actions?

    Lead is a metal found naturally in the environment as well as in 
manufactured products. The major sources of lead emissions have 
historically been from fuels used in on-road motor vehicles (such as 
cars and trucks) and industrial sources. As a result of EPA's 
regulatory efforts to remove lead from on-road motor vehicle gasoline, 
emissions of lead from the transportation sector dramatically declined 
by 95 percent between 1980 and 1999, and levels of lead in the air 
decreased by 94 percent between 1980 and 1999.
    Today, the highest levels of lead in the air are usually found near 
lead smelters. The major sources of lead emissions to the air today are 
ore and metals processing and piston-engine aircraft operating on 
leaded aviation gasoline.
    On November 12, 2008 (73 FR 66964), EPA established the 2008 
primary and secondary lead NAAQS at 0.15 micrograms per cubic meter 
([mu]g/m\3\) based on a maximum arithmetic 3-month mean concentration 
for a 3-year period. See 40 CFR 50.16.
    On November 22, 2010 (75 FR 71033), EPA published its initial air 
quality designations and classifications for the 2008 lead NAAQS based 
upon air quality monitoring data for calendar years 2007-2009. These 
designations became effective on December 31, 2010.\1\ The 
Bellefontaine area was designated nonattainment for the 2008 lead 
NAAQS. See 40 CFR 81.336. OEPA submitted their redesignation request on 
October 29, 2013.
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    \1\ EPA completed a second and final round of designations for 
the 2008 lead NAAQS on November 22, 2011. See 76 FR 72097. No 
additional areas in Ohio were designated as nonattainment for the 
2008 lead NAAQS.
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III. What are the criteria for redesignation to attainment?

    The CAA sets forth the requirements for redesignating a 
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of 
the CAA allows for redesignation provided that: (1) The Administrator 
determines that the area has attained the applicable NAAQS based on 
current air quality data; (2) the Administrator has fully approved an 
applicable SIP for the area under section 110(k) of the CAA; (3) the 
Administrator determines that the improvement in air quality is due to 
permanent and enforceable emission reductions resulting from 
implementation of the applicable SIP, Federal air pollution control 
regulations, or other permanent and enforceable emission reductions; 
(4) the Administrator has fully approved a maintenance plan for the 
area meeting the requirements of section 175A of the CAA; and (5) the 
state containing the area has met all requirements applicable to the 
area for purposes of redesignation under section 110 and part D of the 
CAA.

IV. What is EPA's analysis of the state's request?

    EPA is approving the redesignation of the Bellefontaine area to 
attainment of the 2008 lead NAAQS and is also approving Ohio's 
maintenance plan and emissions inventory for the area. The bases for 
these actions follow.

A. Attainment Determination and Redesignation

1. The Area Has Attained the 2008 Lead NAAQS (Section 107(d)(3)(E)(i))
    In accordance with section 179(c) of the CAA, 42 U.S.C. 7509(c), 
EPA is determining that the Bellefontaine, Ohio area has attained the 
2008 lead NAAQS. This determination is based upon complete, quality-
assured, and certified ambient air monitoring data for the 2010-2012 
monitoring period that show this area has monitored attainment of the 
lead NAAQS.
    Under EPA regulations at 40 CFR 50.16, the 2008 primary and 
secondary lead standards are met when the maximum arithmetic 3-month 
mean concentration for a 3-year period, as determined in accordance 
with 40 CFR part 50, appendix R, is less than or equal to 0.15 
[micro]g/m\3\ at all relevant monitoring sites in the subject area. In 
a rulemaking on November 5, 2011, EPA determined that the Bellefontaine 
air quality data was attaining the standard with a design value of 
0.006 [micro]g/m\3\ for the period of 2010-2012, well below the 
standard of 0.15 [micro]g/m\3\. See 78 FR 66280.
    Although 2010 to 2012 data are still the most recent quality-
assured and certified data, preliminary 2013 data indicate that the 
area continues to attain the standard. The 2013 data, complete, but not 
yet certified, show that the maximum value for the entire year was 
0.005 [micro]g/m\3\. Because 0.005 [micro]g/m\3\ was the highest 3-
month rolling average in 2011 and 2012 (Id.), the design value for the 
2011 to 2013 time period would not exceed 0.005 [micro]g/m\3\, a 
concentration that is only 3.3% of the 0.15 [micro]g/m\3\ standard.
2. The Area Has Met All Applicable Requirements Under Section 110 and 
Part D and Has a Fully Approved SIP Under Section 110(k) (Section 
107(d)(3)(E)(ii) and (v))
    We have determined that Ohio has met all currently applicable SIP 
requirements for purposes of redesignation for the Bellefontaine area 
under section 110 of the CAA (general SIP requirements). We also find 
that the Ohio submittal meets all SIP requirements currently applicable 
for purposes of redesignation under part D of title I of the CAA, in 
accordance with section 107(d)(3)(E)(v). In addition, with the 
exception of the emissions inventory under section 172(c)(3), we are 
proposing to find that all applicable requirements of the Ohio SIP for 
purposes of redesignation have been approved, in accordance with 
section 107(d)(3)(E)(ii). As discussed below, in this action, EPA is 
approving Ohio's 2010 emissions inventory as meeting the section 
172(c)(3) comprehensive emissions inventory requirement.
    In making these determinations, we have ascertained which SIP 
requirements are applicable for purposes of redesignation, and 
concluded that the Ohio SIP includes measures meeting those 
requirements and that they are fully approved under section 110(k) of 
the CAA.
    a. Ohio Has Met All Applicable Requirements for Purposes of 
Redesignation of the Bellefontaine Area Under Section 110 and Part D of 
the CAA
    i. Section 110 General SIP Requirements
    Section 110(a) of title I of the CAA contains the general 
requirements for a SIP. Section 110(a)(2) provides that the 
implementation plan submitted by a state must have been adopted by the 
state after reasonable public notice and hearing, and, among other 
things, must: include enforceable emission limitations and other 
control measures, means or techniques necessary to meet the 
requirements of the CAA; provide for establishment and operation of

[[Page 43657]]

appropriate devices, methods, systems, and procedures necessary to 
monitor ambient air quality; provide for implementation of a source 
permit program to regulate the modification and construction of any 
stationary source within the areas covered by the plan; include 
provisions for the implementation of part C, Prevention of Significant 
Deterioration (PSD) and part D, New Source Review (NSR) permit 
programs; include criteria for stationary source emission control 
measures, monitoring, and reporting; include provisions for air quality 
modeling; and provide for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) of the CAA requires that SIPs contain measures 
to prevent sources in a state from significantly contributing to air 
quality problems in another state. EPA believes that the requirements 
linked with a particular nonattainment area's designation 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, we believe that these requirements should not 
be construed to be applicable requirements for purposes of 
redesignation.
    Further, we believe that the other section 110 elements described 
above that are not connected with nonattainment plan submissions and 
not linked with an area's attainment status are also not applicable 
requirements for purposes of redesignation. A state remains subject to 
these requirements after an area is redesignated to attainment. We 
conclude that only the section 110 and part D requirements that are 
linked with a particular area's designation are the relevant measures 
which we may consider in evaluating a redesignation request. See 61 FR 
53174-53176 (October 10, 1996) and 62 FR 24826 (May 7, 1997) (proposed 
and final redesignation for Reading, Pennsylvania ozone nonattainment 
area); 61 FR 20458 (May 7, 1996) (final redesignation for Cleveland-
Akron-Lorain, Ohio ozone nonattainment area); and 60 FR 62748 (December 
7, 1995) (final redesignation of Tampa, Florida ozone nonattainment 
area). See also 65 FR 37879, 37890 (June 19, 2000) (discussing this 
issue in final redesignation of Cincinnati, Ohio 1-hour ozone 
nonattainment area); 66 FR 50399 (October 19, 2001) (final 
redesignation of Pittsburgh, Pennsylvania 1-hour ozone nonattainment 
area).
    We have reviewed the Ohio SIP and determined that it meets the 
general SIP requirements under section 110 of the CAA to the extent 
they are applicable for purposes of redesignation. EPA has previously 
approved provisions of Ohio's SIP addressing section 110 requirements 
(including provisions addressing lead), at 40 CFR 52.1870.
    On October 12, 2011, and supplemented on June 7, 2013, Ohio made 
submittals addressing ``infrastructure SIP'' elements for the lead 
NAAQS required under CAA section 110(a)(2). EPA has not yet acted on 
this submittal, however, the requirements of section 110(a)(2) are 
statewide requirements that are not linked to the lead nonattainment 
status of the Bellefontaine area. Therefore, EPA believes that these 
SIP elements are not applicable requirements for purposes of review of 
the state's lead redesignation request.
ii. Part D Requirements
    EPA has determined that upon approval of the base year emissions 
inventories discussed in section V.B. of this rulemaking, the Ohio SIP 
will meet the applicable SIP requirements for the Bellefontaine area 
applicable for purposes of redesignation under part D of the CAA. 
Subpart 1 of part D, found in sections 172-176 of the CAA, sets forth 
the basic nonattainment requirements applicable to all nonattainment 
areas.
(1) Section 172 Requirements
    For purposes of evaluating this redesignation request, the 
applicable section 172 SIP requirements for the Bellefontaine area are 
contained in sections 172(c)(1)-(9). A thorough discussion of the 
requirements contained in section 172 can be found in the General 
Preamble for Implementation of Title I (57 FR 13498, April 16, 1992).
    Section 172(c)(1) requires the plans for all nonattainment areas to 
provide for the implementation of all reasonably available control 
measure (RACM) as expeditiously as practicable and to provide for 
attainment of the primary NAAQS. EPA interprets this requirement to 
impose a duty on all states to consider all available control measures 
for all nonattainment areas and to adopt and implement such measures as 
are reasonably available for implementation in each area as components 
of the area's attainment demonstration. Because the Bellefontaine area 
has reached attainment, Ohio does not need to address additional 
measures to provide for attainment, and section 172(c)(1) requirements 
are no longer considered to be applicable as long as the area continues 
to attain the standard until redesignation. (40 CFR 51.918).
    The reasonable further progress (RFP) requirement under section 
172(c)(2) is defined as progress that must be made toward attainment. 
This requirement is not relevant for purposes of the Bellefontaine 
redesignation because the area has monitored attainment of the 2008 
lead NAAQS. (General Preamble, 57 FR 13564). See also 40 CFR 51.918. 
The requirement to submit the section 172(c)(9) contingency measures is 
similarly not applicable for purposes of redesignation. Id.
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. Ohio 
submitted a 2005 and 2010 base year emissions inventory along with 
their redesignation request and via email on February 6, 2014, 
requested that the 2010 inventory be used as the most accurate and 
current inventory. As discussed below in section V.B., EPA is approving 
the 2010 base year inventory as meeting the section 172(c)(3) emissions 
inventory requirement for the Bellefontaine area.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources 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. EPA approved Ohio's current NSR 
program on January 10, 2003 (68 FR 1366).
    Section 172(c)(6) requires the SIP to contain control measures 
necessary to provide for attainment of the standard. Because attainment 
has been reached, no additional measures are needed to provide for 
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, we find that the Ohio 
SIP meets the section 110(a)(2) applicable requirements for purposes of 
redesignation.
(2) Section 176 Conformity Requirements
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that Federally-supported or funded activities, 
including highway and transit projects, conform to the air quality 
planning goals in the applicable SIPs. The requirement to determine 
conformity applies to transportation plans, programs and projects 
developed, funded or approved under title 23 of the U.S. Code and the 
Federal Transit Act (transportation conformity) as well as to all other 
Federally-supported or funded

[[Page 43658]]

projects (general conformity). In light of the elimination of lead 
additives in gasoline, transportation conformity does not apply to the 
lead NAAQS. See 73 FR 66964, 67043 n.120. EPA approved Ohio's general 
conformity SIPs on March 11, 1996 (61 FR 9646).
b. Ohio Has a Fully Approved Applicable SIP Under Section 110(k) of the 
CAA
    Upon final approval of Ohio's comprehensive 2010 emissions 
inventories, EPA will have fully approved the Ohio SIP for the 
Bellefontaine 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 page 3 of the 
September 4, 1992, Processing Requests to Redesignate Areas to 
Attainment: Policy Memorandum (Calcagni memorandum)); Southwestern 
Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-990 (6th 
Cir. 1998); Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) plus any 
additional measures it may approve in conjunction with a redesignation 
action. See 68 FR 25413, 25426 (May 12, 2003). Since the passage of the 
CAA of 1970, Ohio has adopted and submitted, and EPA has fully 
approved, provisions addressing various required SIP elements under 
lead standards.
    Under section 172, states with nonattainment areas must submit 
plans providing for timely attainment and meeting a variety of other 
requirements. On April 19, 2013, the Ohio EPA, submitted a request to 
EPA to make a determination under the CAA that the Bellefontaine 
nonattainment area has attained the 2008 lead NAAQS. EPA made a final 
determination of attainment for the area (also known as a clean data 
determination) on November 5, 2013. See 78 FR 66280. Pursuant to 40 CFR 
51.1004(c), EPA's determination that the area has attained the 2008 
lead standards suspended the requirement to submit certain planning 
SIPs related to attainment, including attainment demonstration 
requirements, the Reasonably Available Control Technology (RACT)-RACM 
requirement of section 172(c)(1) of the CAA, the RFP and attainment 
demonstration requirements of sections 172(c)(2) and (6) and 182(b)(1) 
of the CAA, and the requirement for contingency measures of section 
172(c)(9) of the CAA. As noted above, the area has continued to attain 
the standard, and preliminary data indicate the area will remain in 
attainment, since EPA made the final determination of attainment in 
2013.
    As a result, the only remaining requirement under section 172 to be 
considered is the emissions inventory required under section 172(c)(3). 
In this action, EPA is approving Ohio's 2010 emissions inventories for 
the Bellefontaine area as meeting the requirement of section 172(c)(3) 
of the CAA. No Bellefontaine area SIP provisions are currently 
disapproved, conditionally approved, or partially approved.
3. The Improvement in Air Quality Is Due to Permanent and Enforceable 
Reductions in Emissions Resulting From Implementation of the SIPs and 
Applicable Federal Air Pollution Control Regulations and Other 
Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii))
    EPA believes that Ohio has demonstrated that the observed air 
quality improvement in the Bellefontaine area is due to permanent and 
enforceable reductions in emissions. The only stationary source of lead 
in the Bellefontaine area was the Daido facility. This source was 
permanently shutdown in June of 2009.
4. Ohio Has a Fully Approved Maintenance Plan Pursuant to Section 175A 
of the CAA (Section 107(d)(3)(E)(iv))
    In conjunction with Ohio's request to redesignate the Bellefontaine 
nonattainment area to attainment status, Ohio has submitted a SIP 
revision to provide for maintenance of the 2008 lead NAAQS in the area 
through 2025.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the required 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 ten years after EPA 
approves a redesignation to attainment. Eight years after 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for ten 
years following the initial ten year maintenance period. To address the 
possibility of future NAAQS violations, the maintenance plan must 
contain contingency measures with a schedule for implementation as EPA 
deems necessary to assure prompt correction of any future lead 
violations.
    The September 4, 1992, Calcagni memorandum provides additional 
guidance on the content of a maintenance plan. The memorandum states 
that a maintenance plan should address the following items: the 
attainment emissions inventory, a maintenance demonstration showing 
maintenance for the ten years of the maintenance period, a commitment 
to maintain the existing monitoring network, factors and procedures to 
be used for verification of continued attainment of the NAAQS, and a 
contingency plan to prevent or correct future violations of the NAAQS.
    Section 175A requires a state seeking redesignation to attainment 
to submit a SIP revision to provide for the maintenance of the NAAQS in 
the area ``for at least 10 years after the redesignation.'' EPA has 
interpreted this as a showing of maintenance ``for a period of ten 
years following redesignation.'' Calcagni memorandum at 9. Where the 
emissions inventory method of showing maintenance is used, its purpose 
is to show that emissions during the maintenance period will not 
increase over the attainment year inventory. Calcagni memorandum at 9-
10.
    As discussed in detail in the section below, the state's 
maintenance plan submission expressly documents that the area's 
emissions inventories will remain below the attainment year inventories 
through 2025, more than ten years after redesignation.
b. Attainment Inventory
    Ohio developed an emissions inventory for lead for 2010, one of the 
years in the period during which the Bellefontaine area monitored 
attainment of the 2008 lead standard. The attainment level of emissions 
is summarized in Table 1 below along with future maintenance 
projections.
c. Demonstration of Maintenance
    Along with the redesignation request, Ohio submitted a revision to 
its lead SIP to include a maintenance plan for the Bellefontaine area, 
as required by section 175A of the CAA. Ohio's plan demonstrates 
maintenance of the 2008 lead standard through 2025 by showing that 
current and future emissions of lead in the area remain at or below 
attainment year emission levels. Section 175A requires a state seeking 
redesignation to attainment to submit a SIP revision to provide for the 
maintenance of the NAAQS in the area ``for at least 10 years after the 
redesignation.'' EPA has interpreted this as a showing of maintenance 
``for a period of ten years following redesignation.'' Calcagni 
memorandum at 9. Where the emissions inventory method of showing 
maintenance is used, its purpose is to show that

[[Page 43659]]

emissions during the maintenance period will not increase over the 
attainment year inventory. Calcagni memorandum at 9-10.
    As discussed in the section below, the state's maintenance plan 
submission expressly documents that the area's emissions inventories 
will remain below the attainment year inventories through 2025.
    Ohio's plan demonstrates maintenance of the 2008 lead NAAQS through 
2025 by showing that current and future emissions of lead for the area 
remain at attainment year emission levels. When the Daido facility was 
operating, as shown in Table 1 as the 2005 baseline, the emissions were 
0.0035 tons per year (tpy). Now that the facility is shut down, and 
given that the mobile source emissions of lead are approximately zero, 
the emissions level for the area is approximately zero tpy. No new 
sources of lead are projected for the area, so the remainder of the 
maintenance period is projected as zero tpy as well. Since the shut 
down of the Daido facility in 2009, the Bellefontaine area has shown 
monitored design value concentrations well below the NAAQS and, with no 
other significant sources of lead, is predicted to easily stay below 
the standard.

         Table 1--Comparison of 2005, 2010, 2015, and 2025 Lead Totals (tpy) for the Bellefontaine Area
----------------------------------------------------------------------------------------------------------------
      2005  (Baseline)            2010  (Attainment)            2015  (Interim)           2025  (Maintenance)
----------------------------------------------------------------------------------------------------------------
               0.0035                            0                            0                           0
----------------------------------------------------------------------------------------------------------------

d. Monitoring Network
    Ohio's maintenance plan includes additional elements. Ohio's plan 
includes a commitment to continue to operate its EPA-approved 
monitoring network, as necessary to demonstrate ongoing compliance with 
the NAAQS. Ohio currently operates one lead monitor in the 
Bellefontaine, Ohio area.
e. Verification of Continued Attainment
    Ohio remains obligated to continue to quality-assure monitoring 
data and enter all data into the Air Quality System (AQS) in accordance 
with Federal guidelines. Ohio will use these data, supplemented with 
additional information as necessary, to assure that the area continues 
to attain the standard. Ohio will also continue to develop and submit 
periodic emission inventories as required by the Federal Consolidated 
Emissions Reporting Rule (67 FR 39602, June 10, 2002) to track future 
levels of emissions. Both of these actions will help to verify 
continued attainment in accordance with 40 CFR part 58.
f. Contingency Plan
    The contingency plan provisions are designed to promptly correct or 
prevent a violation of the NAAQS that might occur after redesignation 
of an area to attainment. 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 of the contingency measures, 
and a time limit for action by the state. The state should also 
identify specific indicators to be used to determine when the 
contingency measures need to be adopted and implemented. The 
maintenance plan must include a requirement that the state will 
implement all pollution control measures that were contained in the SIP 
before redesignation of the area to attainment. See section 175A(d) of 
the CAA.
    Ohio's contingency plan defines a warning level and action level 
response. The warning level response will trigger when a lead monitor 
3-month rolling average exceeds 0.135 [micro]g/m\3\ in the maintenance 
area. If a warning level response is triggered, Ohio will conduct a 
study to determine whether the lead values indicate a trend toward 
exceeding the standard and what control measure would be necessary to 
reverse the trend within 12 months of the conclusion of the calendar 
year. The action level response will be prompted by the determination 
of the warning level study that a reverse of the trend is needed, or by 
the 3-month rolling average exceeding 0.143 [micro]g/m\3\. The action 
level response will require Ohio to work with the culpable entity to 
evaluate and implement the needed control measures to bring the area 
into attainment within 18 months of the conclusion of the calendar year 
that triggered the response.
    Currently, no new sources of lead are projected for the 
Bellefontaine area, so all control measures would be determined after 
an analysis of the situation but could include control devices, 
secondary controls, or improves housekeeping and maintenance. Ohio 
commits to continue implementing SIP requirements upon and after 
redesignation.
    EPA believes that Ohio's contingency measures, as well as the 
commitment to continue implementing any SIP requirements, satisfy the 
pertinent requirements of section 175A(d).
    As required by section 175A(b) of the CAA, Ohio commits to submit 
to the EPA an updated lead maintenance plan eight years after 
redesignation of the Bellefontaine area to cover an additional ten year 
period beyond the initial ten year maintenance period.
    For all of the reasons set forth above, EPA is approving Ohio's 
2008 lead maintenance plan for the Bellefontaine area as meeting the 
requirements of CAA section 175A.

B. Comprehensive Emissions Inventory

    As discussed above, section 172(c)(3) of the CAA requires areas to 
submit a comprehensive emissions inventory including all lead sources 
in the nonattainment area. In an email dated February 6, 2014, Ohio 
clarified their request that their 2005 emissions inventory submitted 
on October 5, 2009, as part of their designation request documents be 
updated with their 2010 emissions inventory submitted to EPA as part of 
their redesignation request to more accurately represent the current 
emissions status of the area. By 2010, the only source of lead is 
shutdown so the emissions level for the entire Bellefontaine area is 
estimated to be zero tpy. EPA is approving the Ohio 2010 emissions 
inventory to fulfill this requirement. EPA believes that the 2010 
emissions inventory is complete and accurate, and meets the requirement 
of CAA section 172(c)(3).

V. What are the effects of EPA's actions?

    Approval of this redesignation request changes the official 
designation of the Bellefontaine, Ohio area for the 2008 lead NAAQS, 
found at 40 CFR part 81, from nonattainment to attainment. This action 
also approves as a revision to the

[[Page 43660]]

Ohio SIP for the Bellefontaine area, the maintenance plan for the 2008 
lead standard and finds that Ohio's 2010 emissions inventory for the 
Bellefontaine area satisfies the requirement of section 172(c)(3).
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective September 26, 
2014 without further notice unless we receive relevant adverse written 
comments by August 27, 2014. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective 
September 26, 2014.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 26, 2014. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 11, 2014.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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


0
2. Subpart KK is amended by adding Sec.  52.1893 to read as follows:


Sec.  52.1893  Control strategy: Lead (Pb).

    (a) Ohio's 2008 lead emissions inventory for the Bellefontaine area 
as, as submitted on October 29, 2013, satisfying the emission inventory 
requirements of section 172(c)(3) of the Clean Air Act for the 
Bellefontaine area.
    (b) Approval--the 2008 lead maintenance plan for the Bellefontaine, 
Ohio nonattainment area has been approved as submitted on October 29, 
2013.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. Section 81.336 is amended by revising the entry for Bellefontaine, 
OH, in the table entitled ``Ohio--2008 Lead NAAQS'' to read as follows:

[[Page 43661]]

Sec.  81.336  Ohio.

* * * * *

                          Ohio--2008 Lead NAAQS
------------------------------------------------------------------------
                                      Designation for the 2008 NAAQS a
         Designated area          --------------------------------------
                                        Date 1              Type
------------------------------------------------------------------------
 
                              * * * * * * *
Bellefontaine, OH:
    Logan County (part)..........       7/28/2014   Attainment.
        The portions of Logan
         County that are bounded
         by: Sections 27, 28, 33,
         and 34 of Lake Township
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ December 31, 2011, unless otherwise noted.

* * * * *
[FR Doc. 2014-17612 Filed 7-25-14; 8:45 am]
BILLING CODE 6560-50-P