Ambient Air Quality Surveillance for Lead

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.

-----------------------------------------------------------------------

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

------------------------------------------------------------------------

CMSA/MSA or county Contributing lead source(s)

------------------------------------------------------------------------

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.

------------------------------------------------------------------------

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