[Federal Register Volume 62, Number 214 (Wednesday, November 5, 1997)]
[Proposed Rules]
[Pages 59840-59842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29293]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 58
[AD-FRL-5903-6]
RIN 2060-AF71
Ambient Air Quality Surveillance for Lead
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Lead air pollution levels measured near the Nation's roadways
have decreased 97 percent between 1976 and 1995 with the elimination of
lead in gasoline used by on-road mobile sources. Because of this
historic decrease, EPA is shifting its ambient air monitoring focus
from measuring lead air pollutant concentrations emanating from mobile
source emissions toward a focus on stationary point sources of lead air
pollution. Today's action proposes to revise the part 58 lead air
monitoring regulations to allow many lead monitoring stations to be
discontinued while maintaining a core lead monitoring network in urban
areas to track continued compliance with the lead National Ambient Air
Quality Standards (NAAQS). This action also requires lead ambient air
monitoring around lead stationary sources. This action is being taken
at the direct request of numerous State and local agencies whose on-
road mobile source-oriented lead monitors have been reporting peak lead
air pollution values that are many times less than the quarterly lead
NAAQS of 1.5g/m\3\ for many years. Approximately 70 of the
National Air Monitoring Stations (NAMS) and a number of the State and
Local Air Monitoring Stations (SLAMS) could be discontinued with this
action, thus making more resources available to those State and local
agencies to deploy lead air quality monitors around heretofore
unmonitored lead stationary sources.
DATES: Comments must be submitted on or before December 5, 1997.
ADDRESSES: Comments should be submitted (in duplicate, if possible) to:
Air Docket (LE-131), US Environmental Protection Agency, Attn. Docket
No. A-91-22, 401 M Street, SW, Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT: Brenda Millar, Emissions, Monitoring,
and Analysis Division (MD-14), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711, Telephone: (919) 541-4036, e-
mail:[email protected].
SUPPLEMENTARY INFORMATION:
I. Authority
Sections 110, 301(a), and 319 of the Clean Air Act as amended 42
U.S.C. 7410, 7601(a), 7619.
II. Background
The current ambient air monitoring regulations that pertain to lead
air sampling were written in the 1970's when lead emissions from on-
road mobile sources (e.g., automobiles, trucks) were the predominant
lead air emission source affecting our communities. As such, the
current lead monitoring requirements focus primarily upon the idea of
determining the air quality impacts from major roadways and urban
traffic arterial highways. Since the 1970's, lead has been removed from
gasoline sources for on-road vehicles (on-oad vehicles now account for
less than 1 percent of total lead emissions), and a 97 percent decrease
in lead air pollution levels measured in our neighborhoods and near
roadways has occurred nationwide. Because of this historic decrease,
EPA is reducing its requirements for measuring lead air pollutant
concentrations near major highways, and is focusing on stationary point
sources and their impacts on neighboring populations.
The current lead air monitoring regulations require that each
urbanized area with a population of 500,000 or more operate at least
two lead NAMS, one of which must be a roadway-oriented site and the
second must be a neighborhood site with nearby traffic arteries or
other major roadways. There are approximately 85 NAMS in operation and
reporting data for 1996. This action would reduce this NAMS requirement
to include one NAMS site in one of the two largest Metropolitan
Statistical Areas (MSA/CMSA) within each of the ten EPA Regions, and
one NAMS population-oriented site in each populated area (either a MSA/
CMSA, town, or county) where lead violations have been measured over
the most recent 8 calendar quarters. This latter requirement is
designed to provide information to citizens living in areas that have
one or more lead stationary sources that are causing recent air quality
violations. At present, the MSA/CMSAs, cities, or counties that have
one or more quarterly Pb NAAQS violations that would be subject to this
requirement include:
Table 1.--CMSA/MSA's or Counties With One or More Lead NAAQS Violations
in 1995-1996
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CMSA/MSA or county Contributing lead source(s)
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Philadelphia-Wilmington-Atlantic City Franklin Smelter in
CMSA. Philadelphia County, PA.
Tampa-St. Petersburg-Clearwater MSA.... Gulf Coast Lead in Hillsborough
County, FL.
Memphis MSA............................ Refined Metals in Shelby
County, TN.
Nashville MSA.......................... General Smelting in Williamson
County, TN.
St. Louis MSA.......................... Chemetco in Madison County, IL,
and Doe Run in Jefferson
County, MO.
Cleveland-Akron CMSA................... Master Metals in Cuyahoga
County, OH.
Iron County, MO........................ ASARCO in/near Hogan, MO.
[[Page 59841]]
Omaha MSA.............................. ASARCO in Douglas County, NE.
Lewis and Clark County, MT............. ASARCO in/near East Helena, MT.
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Data from these NAMS will be used to assess national trends in lead
ambient air pollution. Figure 1 demonstrates the effect that these
monitoring reductions will have on our national lead air pollutant
trends.
For other monitoring within the SLAMS network, EPA is proposing to
require, State and local agencies to focus their efforts toward
establishing air monitoring networks around lead stationary sources
which are causing or have a potential to cause exceedances of the
quarterly lead NAAQS. Many of these sources have been identified
through EPA's ongoing Lead NAAQS Attainment Strategy, and monitoring
has already been established. In general, stationary sources emitting
five or more tons per year are considered to be candidates for
additional lead monitoring, although smaller stationary sources may
also be problematic depending upon the facility's size and proximity to
neighborhoods. EPA recommends a minimum of two sites per source, one
located for stack emission impacts and the other for fugitive emission
impacts. Variations of this two-site network are expected as source
type, topography, locations of neighboring populations, and other
factors play a role in how to most appropriately design such a network.
EPA guidance for lead monitoring around point sources has been
developed and is available through a variety of sources including the
National Technical Information Service (703-487-4650), and electronic
forms accessible through EPA's Office of Air Quality Planning &
Standards Technology Transfer Network, Ambient Monitoring Technology
Information Center (AMTIC) bulletin board system at http://
ttnwww.rtpnc.epa.gov.
In addition to the changes to the lead monitoring requirements, EPA
proposes several minor changes to update and correct regulatory
provisions to current practices. Specifically this affects 40 CFR part
58 sections 58.31, 58.34, 58.41, Appendix B, Appendix D sections 3.2
and 3.3, and Appendix G sections 1 and 2b.
III. Administrative Requirements Section
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
to the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations or recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of the Executive Order 12866 and is
therefore not subject to formal OMB review.
B. Paperwork Reduction Act
Today's action does not impose any new information collection
burden. This action proposes to revise the part 58 air monitoring
regulations for lead to allow many monitoring sites to be discontinued.
The Office of Management and Budget (OMB) has previously approved the
information collection requirements in the part 58 regulation under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0084 (EPA ICR No. 0940.13 and
revised by 0940.14).
C. Impact on Small Entities
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entitites. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions whose jurisdictions are less than 50,000 people. This
proposal will not have a significant impact on a substantial number of
small entities because it does not impact small entities whose
jurisdictions cover less than 50,000 people. Pursuant to the provision
of 5 USC 605(b), I certify that this action will not have a significant
economic impact on a substantial number of small entities.
Since this modification is classified as minor, no additional
reviews are required.
D. Unfunded Mandates Reform Act of 1995
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final standards that include a Federal mandate that may result in
estimated costs to State, local, or tribal governments, or to the
private sector, of, in the aggregate, $100 million or more. Under
section 205, EPA must select the most cost-effective and least
burdensome alternative that achieves the objectives of the standard and
is consistent with statutory requirements. Section 203 requires EPA to
establish a plan for informing and advising any small governments that
may be significantly or uniquely impacted by the standards. The EPA has
determined that this action does not include a Federal mandate that may
result in estimated costs of $100 million or more to either State,
local, or tribal governments. Therefore, the requirements of the
Unfunded Mandates Act of 1995 do not apply to this action.
List of Subjects in 40 CFR Part 58
Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements, Quality assurance
requirements.
[[Page 59842]]
Carol W. Browner,
Administrator.
[FR Doc. 97-29293 Filed 11-4-97; 8:45 am]
BILLING CODE 6560-50-P