Approval of Air Quality Implementation Plans; Ohio: Cleveland and Delta; Determination of Attainment for the 2008 Lead Standard, 29964-29968 [2015-12500]
Download as PDF
<![CDATA[
29964
Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
plans for the Virginia portion of the
Washington DC–MD–VA 1990 1-hour
and 1997 8-hour Ozone NAAQS
Nonattainment Areas and from the
maintenance plan for the Fredericksburg
1997 8-Hour Ozone Maintenance Area.
[FR Doc. 2015–12351 Filed 5–22–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2015–0192; FRL–9927–96–
Region–5]
Approval of Air Quality Implementation
Plans; Ohio: Cleveland and Delta;
Determination of Attainment for the
2008 Lead Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
On February 20, 2015, the
Ohio Environmental Protection Agency
(Ohio EPA) submitted a request to the
Environmental Protections Agency
(EPA) to make a determination under
the Clean Air Act (CAA) that the
Cleveland and Delta nonattainment
areas have attained the 2008 lead (Pb)
national ambient air quality standard
(NAAQS or standard). In this action,
EPA is determining that the Cleveland
and Delta nonattainment areas (hereafter
also referred to as the ‘‘Cleveland area’’,
‘‘Delta area’’ or ‘‘areas’’) have attained
the 2008 Pb NAAQS. These
determinations of attainment are based
upon complete, quality-assured and
certified ambient air monitoring data for
the 2012–2014 design period showing
that the areas have monitored
attainment of the 2008 Pb NAAQS.
Additionally, as a result of this
determination, EPA is suspending the
requirements for the areas to submit
attainment demonstrations, together
with reasonably available control
measures (RACM), reasonable further
progress (RFP) plans, contingency
measures for failure to meet RFP, and
attainment deadlines for as long as the
areas continue to attain the 2008 Pb
NAAQS.
SUMMARY:
This direct final rule will be
effective July 27, 2015, unless EPA
receives adverse comments by June 25,
2015. 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
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
wreier-aviles on DSK5TPTVN1PROD with RULES
DATES:
VerDate Sep<11>2014
14:03 May 22, 2015
Jkt 235001
OAR–2015–0192, 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–2015–
0192. 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
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
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 action is EPA taking?
II. What is the background for this action?
III. Application of EPA’s Clean Data Policy to
the 2008 Pb NAAQS
IV. Do the Cleveland and Delta areas meet the
2008 Pb NAAQS?
V. What is the effect of this action?
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is taking final action to
determine that the Cleveland area and
Delta area have attained the 2008 Pb
NAAQS. This is based upon complete,
quality-assured and certified ambient air
monitoring data for the 2012–2014
monitoring period showing that the
areas have monitored attainment of the
2008 Pb NAAQS.
Further, with this determination of
attainment, the requirements for the
Cleveland and Delta areas to submit
attainment demonstrations together
with RACM, RFP plans, and
contingency measures for failure to meet
RFP and attainment deadlines are
suspended for as long as the area
continues to attain the 2008 Pb NAAQS.
As discussed below, this action is
consistent with EPA’s regulations and
with its longstanding interpretation of
subpart 1 of part D of the CAA.
If either the Cleveland area or the
Delta area violates the 2008 Pb NAAQS
after this action, the basis for the
suspension of these attainment planning
E:\FR\FM\26MYR1.SGM
26MYR1
Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
requirements would no longer exist for
that area, and the area would thereafter
have to address applicable
requirements.
II. What is the background for this
action?
On November 12, 2008 (73 FR 66964),
EPA established a 2008 primary and
secondary Pb NAAQS at 0.15
micrograms per cubic meter (mg/m3)
based on a maximum arithmetic threemonth mean concentration for a threeyear period. See 40 CFR 50.16. This is
the ‘‘2008 Pb NAAQS.’’ On November
22, 2010 (75 FR 71033), EPA published
its initial air quality designations for the
2008 Pb NAAQS based upon air quality
monitoring data from those monitors for
calendar years 2007–2009. These
designations became effective on
December 31, 2010.1 The Cleveland and
Delta areas were designated
nonattainment for the 2008 Pb NAAQS.
See 40 CFR 81.343.
On February 20, 2015, the Ohio EPA
submitted a request to EPA to make a
determination that the Cleveland and
Delta areas have attained the 2008 Pb
NAAQS based on complete, qualityassured, quality-controlled monitoring
data from 2012 through 2014. For the
reasons set forth in this notice, EPA
finds the request approvable.
III. Application of EPA’s Clean Data
Policy to the 2008 Pb NAAQS
Following enactment of the CAA
Amendments of 1990, EPA promulgated
its interpretation of the requirements for
implementing the NAAQS in the
General Preamble for the
Implementation of Title I of the CAA
Amendments of 1990 (General
Preamble) 57 FR 13498, 13564 (April 16,
1992). In 1995, based on the
interpretation of CAA sections 171 and
172, and section 182 in the General
Preamble, EPA set forth what has
become known as its ‘‘Clean Data
Policy’’ for the 1-hour ozone NAAQS.
See Memorandum from John S. Seitz,
Director, Office of Air Quality Planning
and Standards, ‘‘RFP, Attainment
Demonstration, and Related
Requirements for Ozone Nonattainment
areas Meeting the Ozone National
Ambient Air Quality Standard’’ (May
10, 1995). In 2004, EPA indicated its
intention to extend the Clean Data
Policy to the (fine particulates) PM2.5
NAAQS. See Memorandum from Steve
Page, Director, EPA Office of Air Quality
Planning and Standards, ‘‘Clean Data
Policy for the Fine Particle National
Ambient Air Quality Standards’’
(December 14, 2004).
Since 1995, EPA has applied its
interpretation under the Clean Data
Policy in many rulemakings,
suspending certain attainment-related
planning requirements for individual
areas, based on a determination of
attainment. For a full discussion on
EPA’s application of this policy, see
section III of the Bristol, Tennessee
Determination of Attainment for the
2008 Pb Standards (77 FR 35653).
IV. Do the Cleveland and Delta areas
meet the 2008 Pb NAAQS?
A. Criteria
Today’s rulemaking assesses whether
the Cleveland and Delta areas have
attained the 2008 Pb NAAQS, based on
the most recent three years of qualityassured data. The Cleveland area, which
surrounds the Ferro Corporation facility,
is comprised of the portions of
Cuyahoga County that are bounded on
the west by Washington Park Blvd./
AQS site ID
3-month period
Ferro—E. 56th St., Cleveland ...................
wreier-aviles on DSK5TPTVN1PROD with RULES
Location
39–035–0049 #1 ............
Crete Ave./East 49th St., on the east by
East 71st St., on the north by Fleet Ave.,
and on the south by Grant Ave. The
Delta area, which surrounds the Bunting
Bearings facility, is comprised of the
portions of Fulton County that are
bounded by sections 12 and 13 of York
Township and sections 7 and 18 of
Swan Creek Township.
Under EPA regulations at 40 CFR
50.16, the 2008 primary and secondary
Pb standards are met when the
maximum arithmetic three-month mean
concentration for a three-year period, as
determined in accordance with 40 CFR
part 50, appendix R, is less than or
equal to 0.15 mg/m3 at all relevant
monitoring sites in the subject area.
EPA has reviewed the ambient air
monitoring data for the Cleveland and
Delta areas in accordance with the
provisions of 40 CFR part 50, appendix
R. All data considered are complete,
quality-assured, certified, and recorded
in EPA’s Air Quality System (AQS)
database. This review addresses air
quality data collected in the 2012–2014
period which are the most recent
quality-assured data available.
B. Cleveland Area Air Quality
The 39–035–0049 monitoring site is a
Federal reference method (FRM) sourceoriented monitor which meets the
quality assurance requirements of 40
CFR 58, appendix A. After the Ferro
facility completed repairs, installed
additional back-up control devices, and
implemented a preventative
maintenance plan by 2012, the Pb
values have been well below the
standard.
Table 1 shows the 2012–2014 threemonth rolling averages for the Cleveland
area.
Nov–Jan 2 ................
Dec–Feb ..................
Jan–Mar ..................
Feb–Apr ..................
Mar–May .................
Apr–Jun ...................
May–July .................
Jun–Aug ..................
July–Sept ................
Aug–Oct ..................
Sept–Nov ................
Oct–Dec ..................
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
VerDate Sep<11>2014
14:03 May 22, 2015
Jkt 235001
areas in Ohio were designated as nonattainment for
the 2008 Lead NAAQS.
2 When calculating a three-month rolling average,
the first two data points, November through January
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
29965
2012
2013
0.02
0.01
0.02
0.02
0.03
0.03
0.03
0.02
0.02
0.02
0.01
0.01
2014
0.01
0.01
0.01
0.01
0.02
0.02
0.02
0.02
0.02
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.02
0.01
0.01
0.01
0.01
for 2012 and December through February of 2012,
would additionally use data from November and
December of 2011.
E:\FR\FM\26MYR1.SGM
26MYR1
29966
Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
Table 2 shows the 2012–2014 threemonth rolling averages for the colocated monitor in the Cleveland area.
Location
AQS site ID
3-month period
Ferro—E. 56th St., Cleveland ...................
39–035–0049 #2 ............
Nov–Jan 3 ................
Dec–Feb ..................
Jan–Mar ..................
Feb–Apr ..................
Mar–May .................
Apr–Jun ...................
May–July .................
Jun–Aug ..................
July–Sept ................
Aug–Oct ..................
Sept–Nov ................
Oct–Dec ..................
The data shown in Tables 1 and 2 are
complete, quality-assured, and certified
and show 0.03 mg/m3 as the highest
three-month rolling average.
The Ferro Corporation facility’s
National Emissions Inventory (NEI)
emissions in 2011 were 0.0046 tons per
year (tpy). With the combination of
completed repairs, installation of
additional back-up control devices, and
implementation of a preventative
Location
maintenance plan at the facility, the
design value at the monitor is now
about a fifth of the standard.
EPA’s review of these data indicates
that the Cleveland area has attained and
continues to attain the 2008 Pb NAAQS,
with a design value of 0.03 mg/m3 for the
period of 2012–2014.
C. Delta Area Air Quality
The 39–051–0001 monitoring site is a
FRM source-oriented monitor which
AQS site ID
Bunting Bearings Facility—200 Van Buren
St., Delta.
3-month period
39–051–0001 #1 ............
2012
2013
0.02
0.01
0.02
0.03
0.03
0.03
0.03
0.02
0.02
0.01
0.01
0.01
2014
0.01
0.01
0.01
0.01
0.02
0.03
0.02
0.02
0.02
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.02
0.01
0.01
0.01
0.01
meets the quality assurance
requirements of 40 CFR 58, appendix A.
After the Bunting Bearings facility began
compliance with Federally enforceable
lead emissions limits and implemented
a preventative maintenance plan by
2012, the Pb values have been well
below the standard.
Table 3 shows the 2012–2014 threemonth rolling averages for the Delta
area.
2012
Nov–Jan 4
................
Dec–Feb ..................
Jan–Mar ..................
Feb–Apr ..................
Mar–May .................
Apr–Jun ...................
May–July .................
Jun–Aug ..................
July–Sept ................
Aug–Oct ..................
Sept–Nov ................
Oct–Dec ..................
2013
0.07
0.05
0.06
0.07
0.08
0.08
0.08
0.06
0.08
0.06
0.06
0.02
2014
0.04
0.05
0.04
0.03
0.03
0.04
0.04
0.04
0.03
0.05
0.06
0.06
0.05
0.04
0.05
0.04
0.03
0.03
0.03
0.04
0.03
0.04
0.09
0.08
Table 4 shows the 2012–2014 threemonth rolling averages for the colocated monitor in the Delta area.
AQS site ID
3-month period
Bunting Bearings Facility—200 Van Buren
St., Delta.
wreier-aviles on DSK5TPTVN1PROD with RULES
Location
39–051–0001 #2 ............
Nov–Jan 5 ................
Dec–Feb ..................
Jan–Mar ..................
Feb–Apr ..................
Mar–May .................
Apr–Jun ...................
May–July .................
Jun–Aug ..................
July–Sept ................
Aug–Oct ..................
Sept–Nov ................
Oct–Dec ..................
3 The 2012 data set includes data from November
and December of 2011.
VerDate Sep<11>2014
14:03 May 22, 2015
Jkt 235001
4 The 2012 data set includes data from November
and December of 2011.
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
2012
2013
0.07
0.04
0.06
0.08
0.08
0.08
0.07
0.05
0.08
0.06
0.06
0.02
2014
0.03
0.03
0.03
0.02
0.03
0.03
0.04
0.04
0.04
0.06
0.06
0.06
0.05
0.02
0.03
0.03
0.03
0.03
0.03
0.04
0.03
0.04
0.08
0.07
5 The 2012 data set includes data from November
and December of 2011.
E:\FR\FM\26MYR1.SGM
26MYR1
Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
wreier-aviles on DSK5TPTVN1PROD with RULES
The data shown in Tables 3 and 4 are
complete, quality-assured, and certified
and show 0.09 mg/m3 as the highest
three-month rolling average.
The Bunting Bearings facility’s NEI
emissions in 2011 were 0.0035 tpy.
With the combination of compliance
with Federally enforceable lead
emissions limits and implementation of
a preventative maintenance plan, the
design value at the monitor is now
about three-fifths of the standard.
EPA’s review of these data indicates
that the Delta area has attained and
continues to attain the 2008 Pb NAAQS,
with a design value of 0.09 mg/m3 for the
period of 2012–2014.
V. What is the effect of this action?
Based on complete, quality-assured
and certified data for 2012–2014, EPA is
determining that the Cleveland and
Delta areas have attained the 2008 Pb
NAAQS. The requirements for the Ohio
EPA to submit attainment
demonstrations and associated RACM,
RFP plans, contingency measures, and
any other planning SIPs related to
attainment of the 2008 Pb NAAQS for
the Cleveland and Delta areas are
suspended for as long as the areas
continue to attain the 2008 Pb NAAQS.
EPA rulemaking is consistent and in
keeping with its long-held interpretation
of CAA requirements, as well as with
EPA’s regulations for similar
determinations for ozone (see 40 CFR
51.918) and PM2.5 (see 40 CFR
51.1004(c)).
This action does not constitute a
redesignation of the area to attainment
of the 2008 Pb NAAQS under section
107(d)(3) of the CAA. This action does
not involve approving a maintenance
plan for the area as required under
section 175A of the CAA, nor does it
find that the area has met all other
requirements for redesignation. The
Cleveland and Delta areas remain
designated nonattainment for the 2008
Pb NAAQS until such time as EPA
determines that the areas meet the CAA
requirements for redesignation to
attainment and takes action to
redesignate the area.
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 July 27, 2015 without further
notice unless we receive relevant
adverse written comments by June 25,
2015. If we receive such comments, we
VerDate Sep<11>2014
14:03 May 22, 2015
Jkt 235001
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
July 27, 2015.
VI. Statutory and Executive Order
Reviews
This action makes attainment
determinations for the Cleveland and
Delta areas for the 2008 lead NAAQS
based on air quality data and results in
the suspension of certain Federal
requirements and does not impose any
additional requirements. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ 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);
• 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
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
29967
• 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, the attainment
determination 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 rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 July 27, 2015. 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
E:\FR\FM\26MYR1.SGM
26MYR1
29968
Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
reference, Intergovernmental relations,
Lead, Reporting and recordkeeping
requirements.
Dated: May 13, 2015.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.1892 is amended by
adding paragraph (f) to read as follows:
■
§ 52.1892
Determination of attainment.
*
*
*
*
*
(f) Based upon EPA’s review of the air
quality data for the three-year period
2012 to 2014, EPA determined that the
Cleveland and Delta, OH lead
nonattainment areas have attained the
2008 Lead National Ambient Air
Quality Standard (NAAQS). This clean
data determination suspends the
requirements for these areas to submit
an attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 2008 lead
NAAQS.
[FR Doc. 2015–12500 Filed 5–22–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2014–0659; FRL–9927–98–
Region–5]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Removal of General Conformity
Regulations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the removal
of general conformity regulations from
the Ohio state implementation plan
(SIP) under the Clean Air Act (CAA).
These regulations are no longer
necessary since the establishment of the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users transportation act (transportation
act) removed the requirement for states
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:03 May 22, 2015
Jkt 235001
to maintain general conformity
regulations.
This direct final rule will be
effective July 27, 2015, unless EPA
receives adverse comments by June 25,
2015. 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
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2014–0659, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies 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–2014–
0659. 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
DATES:
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
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 Anthony
Maietta, Environmental Protection
Specialist, at (312) 353–8777 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
maietta.anthony@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 is the background for this action?
II. What is EPA’s analysis of the state’s
submittal?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this
action?
On March 11, 1996, EPA approved the
general conformity rules in chapter
3745–102 of the Ohio Administrative
Code (OAC) into the Ohio SIP (61 FR
9646). General conformity is a
requirement of section 176(c) of the
CAA to ensure that no Federally
supported actions outside of highway
and transit projects interfere with the
purpose of the approved SIP, i.e. the
SIP’s protection of the National Ambient
Air Quality Standards. General
conformity requirements currently
apply to the following criteria
pollutants: Ozone, particulate matter,
E:\FR\FM\26MYR1.SGM
26MYR1
]]>Agencies
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29964-29968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12500]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0192; FRL-9927-96-Region-5]
Approval of Air Quality Implementation Plans; Ohio: Cleveland and
Delta; Determination of Attainment for the 2008 Lead Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On February 20, 2015, the Ohio Environmental Protection Agency
(Ohio EPA) submitted a request to the Environmental Protections Agency
(EPA) to make a determination under the Clean Air Act (CAA) that the
Cleveland and Delta nonattainment areas have attained the 2008 lead
(Pb) national ambient air quality standard (NAAQS or standard). In this
action, EPA is determining that the Cleveland and Delta nonattainment
areas (hereafter also referred to as the ``Cleveland area'', ``Delta
area'' or ``areas'') have attained the 2008 Pb NAAQS. These
determinations of attainment are based upon complete, quality-assured
and certified ambient air monitoring data for the 2012-2014 design
period showing that the areas have monitored attainment of the 2008 Pb
NAAQS. Additionally, as a result of this determination, EPA is
suspending the requirements for the areas to submit attainment
demonstrations, together with reasonably available control measures
(RACM), reasonable further progress (RFP) plans, contingency measures
for failure to meet RFP, and attainment deadlines for as long as the
areas continue to attain the 2008 Pb NAAQS.
DATES: This direct final rule will be effective July 27, 2015, unless
EPA receives adverse comments by June 25, 2015. 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 rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0192, 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-
2015-0192. 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 action is EPA taking?
II. What is the background for this action?
III. Application of EPA's Clean Data Policy to the 2008 Pb NAAQS
IV. Do the Cleveland and Delta areas meet the 2008 Pb NAAQS?
V. What is the effect of this action?
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is taking final action to determine that the Cleveland area and
Delta area have attained the 2008 Pb NAAQS. This is based upon
complete, quality-assured and certified ambient air monitoring data for
the 2012-2014 monitoring period showing that the areas have monitored
attainment of the 2008 Pb NAAQS.
Further, with this determination of attainment, the requirements
for the Cleveland and Delta areas to submit attainment demonstrations
together with RACM, RFP plans, and contingency measures for failure to
meet RFP and attainment deadlines are suspended for as long as the area
continues to attain the 2008 Pb NAAQS. As discussed below, this action
is consistent with EPA's regulations and with its longstanding
interpretation of subpart 1 of part D of the CAA.
If either the Cleveland area or the Delta area violates the 2008 Pb
NAAQS after this action, the basis for the suspension of these
attainment planning
[[Page 29965]]
requirements would no longer exist for that area, and the area would
thereafter have to address applicable requirements.
II. What is the background for this action?
On November 12, 2008 (73 FR 66964), EPA established a 2008 primary
and secondary Pb NAAQS at 0.15 micrograms per cubic meter ([mu]g/m\3\)
based on a maximum arithmetic three-month mean concentration for a
three-year period. See 40 CFR 50.16. This is the ``2008 Pb NAAQS.'' On
November 22, 2010 (75 FR 71033), EPA published its initial air quality
designations for the 2008 Pb NAAQS based upon air quality monitoring
data from those monitors for calendar years 2007-2009. These
designations became effective on December 31, 2010.\1\ The Cleveland
and Delta areas were designated nonattainment for the 2008 Pb NAAQS.
See 40 CFR 81.343.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
On February 20, 2015, the Ohio EPA submitted a request to EPA to
make a determination that the Cleveland and Delta areas have attained
the 2008 Pb NAAQS based on complete, quality-assured, quality-
controlled monitoring data from 2012 through 2014. For the reasons set
forth in this notice, EPA finds the request approvable.
III. Application of EPA's Clean Data Policy to the 2008 Pb NAAQS
Following enactment of the CAA Amendments of 1990, EPA promulgated
its interpretation of the requirements for implementing the NAAQS in
the General Preamble for the Implementation of Title I of the CAA
Amendments of 1990 (General Preamble) 57 FR 13498, 13564 (April 16,
1992). In 1995, based on the interpretation of CAA sections 171 and
172, and section 182 in the General Preamble, EPA set forth what has
become known as its ``Clean Data Policy'' for the 1-hour ozone NAAQS.
See Memorandum from John S. Seitz, Director, Office of Air Quality
Planning and Standards, ``RFP, Attainment Demonstration, and Related
Requirements for Ozone Nonattainment areas Meeting the Ozone National
Ambient Air Quality Standard'' (May 10, 1995). In 2004, EPA indicated
its intention to extend the Clean Data Policy to the (fine
particulates) PM2.5 NAAQS. See Memorandum from Steve Page,
Director, EPA Office of Air Quality Planning and Standards, ``Clean
Data Policy for the Fine Particle National Ambient Air Quality
Standards'' (December 14, 2004).
Since 1995, EPA has applied its interpretation under the Clean Data
Policy in many rulemakings, suspending certain attainment-related
planning requirements for individual areas, based on a determination of
attainment. For a full discussion on EPA's application of this policy,
see section III of the Bristol, Tennessee Determination of Attainment
for the 2008 Pb Standards (77 FR 35653).
IV. Do the Cleveland and Delta areas meet the 2008 Pb NAAQS?
A. Criteria
Today's rulemaking assesses whether the Cleveland and Delta areas
have attained the 2008 Pb NAAQS, based on the most recent three years
of quality-assured data. The Cleveland area, which surrounds the Ferro
Corporation facility, is comprised of the portions of Cuyahoga County
that are bounded on the west by Washington Park Blvd./Crete Ave./East
49th St., on the east by East 71st St., on the north by Fleet Ave., and
on the south by Grant Ave. The Delta area, which surrounds the Bunting
Bearings facility, is comprised of the portions of Fulton County that
are bounded by sections 12 and 13 of York Township and sections 7 and
18 of Swan Creek Township.
Under EPA regulations at 40 CFR 50.16, the 2008 primary and
secondary Pb standards are met when the maximum arithmetic three-month
mean concentration for a three-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.
EPA has reviewed the ambient air monitoring data for the Cleveland
and Delta areas in accordance with the provisions of 40 CFR part 50,
appendix R. All data considered are complete, quality-assured,
certified, and recorded in EPA's Air Quality System (AQS) database.
This review addresses air quality data collected in the 2012-2014
period which are the most recent quality-assured data available.
B. Cleveland Area Air Quality
The 39-035-0049 monitoring site is a Federal reference method (FRM)
source-oriented monitor which meets the quality assurance requirements
of 40 CFR 58, appendix A. After the Ferro facility completed repairs,
installed additional back-up control devices, and implemented a
preventative maintenance plan by 2012, the Pb values have been well
below the standard.
Table 1 shows the 2012-2014 three-month rolling averages for the
Cleveland area.
---------------------------------------------------------------------------
\2\ When calculating a three-month rolling average, the first
two data points, November through January for 2012 and December
through February of 2012, would additionally use data from November
and December of 2011.
----------------------------------------------------------------------------------------------------------------
Location AQS site ID 3-month period 2012 2013 2014
----------------------------------------------------------------------------------------------------------------
Ferro--E. 56th St., Cleveland 39-035-0049 #1.. Nov-Jan \2\.... 0.02 0.01 0.01
Dec-Feb........ 0.01 0.01 0.01
Jan-Mar........ 0.02 0.01 0.01
Feb-Apr........ 0.02 0.01 0.01
Mar-May........ 0.03 0.02 0.01
Apr-Jun........ 0.03 0.02 0.01
May-July....... 0.03 0.02 0.01
Jun-Aug........ 0.02 0.02 0.02
July-Sept...... 0.02 0.02 0.01
Aug-Oct........ 0.02 0.01 0.01
Sept-Nov....... 0.01 0.01 0.01
Oct-Dec........ 0.01 0.01 0.01
----------------------------------------------------------------------------------------------------------------
[[Page 29966]]
Table 2 shows the 2012-2014 three-month rolling averages for the
co-located monitor in the Cleveland area.
----------------------------------------------------------------------------------------------------------------
Location AQS site ID 3-month period 2012 2013 2014
----------------------------------------------------------------------------------------------------------------
Ferro--E. 56th St., Cleveland 39-035-0049 #2.. Nov-Jan \3\.... 0.02 0.01 0.01
Dec-Feb........ 0.01 0.01 0.01
Jan-Mar........ 0.02 0.01 0.01
Feb-Apr........ 0.03 0.01 0.01
Mar-May........ 0.03 0.02 0.01
Apr-Jun........ 0.03 0.03 0.01
May-July....... 0.03 0.02 0.01
Jun-Aug........ 0.02 0.02 0.02
July-Sept...... 0.02 0.02 0.01
Aug-Oct........ 0.01 0.01 0.01
Sept-Nov....... 0.01 0.01 0.01
Oct-Dec........ 0.01 0.01 0.01
----------------------------------------------------------------------------------------------------------------
The data shown in Tables 1 and 2 are complete, quality-assured, and
certified and show 0.03 [micro]g/m\3\ as the highest three-month
rolling average.
---------------------------------------------------------------------------
\3\ The 2012 data set includes data from November and December
of 2011.
---------------------------------------------------------------------------
The Ferro Corporation facility's National Emissions Inventory (NEI)
emissions in 2011 were 0.0046 tons per year (tpy). With the combination
of completed repairs, installation of additional back-up control
devices, and implementation of a preventative maintenance plan at the
facility, the design value at the monitor is now about a fifth of the
standard.
EPA's review of these data indicates that the Cleveland area has
attained and continues to attain the 2008 Pb NAAQS, with a design value
of 0.03 [micro]g/m\3\ for the period of 2012-2014.
C. Delta Area Air Quality
The 39-051-0001 monitoring site is a FRM source-oriented monitor
which meets the quality assurance requirements of 40 CFR 58, appendix
A. After the Bunting Bearings facility began compliance with Federally
enforceable lead emissions limits and implemented a preventative
maintenance plan by 2012, the Pb values have been well below the
standard.
Table 3 shows the 2012-2014 three-month rolling averages for the
Delta area.
----------------------------------------------------------------------------------------------------------------
Location AQS site ID 3-month period 2012 2013 2014
----------------------------------------------------------------------------------------------------------------
Bunting Bearings Facility-- 39-051-0001 #1.. Nov-Jan \4\.... 0.07 0.04 0.05
200 Van Buren St., Delta. Dec-Feb........ 0.05 0.05 0.04
Jan-Mar........ 0.06 0.04 0.05
Feb-Apr........ 0.07 0.03 0.04
Mar-May........ 0.08 0.03 0.03
Apr-Jun........ 0.08 0.04 0.03
May-July....... 0.08 0.04 0.03
Jun-Aug........ 0.06 0.04 0.04
July-Sept...... 0.08 0.03 0.03
Aug-Oct........ 0.06 0.05 0.04
Sept-Nov....... 0.06 0.06 0.09
Oct-Dec........ 0.02 0.06 0.08
----------------------------------------------------------------------------------------------------------------
Table 4 shows the 2012-2014 three-month rolling averages for the
co-located monitor in the Delta area.
---------------------------------------------------------------------------
\4\ The 2012 data set includes data from November and December
of 2011.
\5\ The 2012 data set includes data from November and December
of 2011.
----------------------------------------------------------------------------------------------------------------
Location AQS site ID 3-month period 2012 2013 2014
----------------------------------------------------------------------------------------------------------------
Bunting Bearings Facility-- 39-051-0001 #2.. Nov-Jan \5\.... 0.07 0.03 0.05
200 Van Buren St., Delta. Dec-Feb........ 0.04 0.03 0.02
Jan-Mar........ 0.06 0.03 0.03
Feb-Apr........ 0.08 0.02 0.03
Mar-May........ 0.08 0.03 0.03
Apr-Jun........ 0.08 0.03 0.03
May-July....... 0.07 0.04 0.03
Jun-Aug........ 0.05 0.04 0.04
July-Sept...... 0.08 0.04 0.03
Aug-Oct........ 0.06 0.06 0.04
Sept-Nov....... 0.06 0.06 0.08
Oct-Dec........ 0.02 0.06 0.07
----------------------------------------------------------------------------------------------------------------
[[Page 29967]]
The data shown in Tables 3 and 4 are complete, quality-assured, and
certified and show 0.09 [micro]g/m\3\ as the highest three-month
rolling average.
The Bunting Bearings facility's NEI emissions in 2011 were 0.0035
tpy. With the combination of compliance with Federally enforceable lead
emissions limits and implementation of a preventative maintenance plan,
the design value at the monitor is now about three-fifths of the
standard.
EPA's review of these data indicates that the Delta area has
attained and continues to attain the 2008 Pb NAAQS, with a design value
of 0.09 [micro]g/m\3\ for the period of 2012-2014.
V. What is the effect of this action?
Based on complete, quality-assured and certified data for 2012-
2014, EPA is determining that the Cleveland and Delta areas have
attained the 2008 Pb NAAQS. The requirements for the Ohio EPA to submit
attainment demonstrations and associated RACM, RFP plans, contingency
measures, and any other planning SIPs related to attainment of the 2008
Pb NAAQS for the Cleveland and Delta areas are suspended for as long as
the areas continue to attain the 2008 Pb NAAQS. EPA rulemaking is
consistent and in keeping with its long-held interpretation of CAA
requirements, as well as with EPA's regulations for similar
determinations for ozone (see 40 CFR 51.918) and PM2.5 (see
40 CFR 51.1004(c)).
This action does not constitute a redesignation of the area to
attainment of the 2008 Pb NAAQS under section 107(d)(3) of the CAA.
This action does not involve approving a maintenance plan for the area
as required under section 175A of the CAA, nor does it find that the
area has met all other requirements for redesignation. The Cleveland
and Delta areas remain designated nonattainment for the 2008 Pb NAAQS
until such time as EPA determines that the areas meet the CAA
requirements for redesignation to attainment and takes action to
redesignate the area.
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 July 27, 2015
without further notice unless we receive relevant adverse written
comments by June 25, 2015. 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 July
27, 2015.
VI. Statutory and Executive Order Reviews
This action makes attainment determinations for the Cleveland and
Delta areas for the 2008 lead NAAQS based on air quality data and
results in the suspension of certain Federal requirements and does not
impose any additional requirements. For that reason, this action:
Is not a ``significant regulatory action'' 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);
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, the attainment determination 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 rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
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 July 27, 2015. 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
[[Page 29968]]
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.
Dated: May 13, 2015.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is 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. Section 52.1892 is amended by adding paragraph (f) to read as
follows:
Sec. 52.1892 Determination of attainment.
* * * * *
(f) Based upon EPA's review of the air quality data for the three-
year period 2012 to 2014, EPA determined that the Cleveland and Delta,
OH lead nonattainment areas have attained the 2008 Lead National
Ambient Air Quality Standard (NAAQS). This clean data determination
suspends the requirements for these areas to submit an attainment
demonstration, associated reasonably available control measures, a
reasonable further progress plan, contingency measures, and other
planning SIPs related to attainment of the standard for as long as this
area continues to meet the 2008 lead NAAQS.
[FR Doc. 2015-12500 Filed 5-22-15; 8:45 am]
BILLING CODE 6560-50-P
