[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]


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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.

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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 http://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 http://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\
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                                      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
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01-109-0003.....................               0.08                0.07                0.09                0.09
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    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.
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    \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).
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    \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.
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    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.
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    \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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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.
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    \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]
 BILLING CODE 6560-50-P


