Air Plan Approval; MI, Belding; 2008 Lead Clean Data Determination, 43956-43960 [2015-18103]
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Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
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11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone and,
therefore, it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0659 to read as
follows:
■
§ 165.T09–0659 Safety Zone; Cleveland
Triathlon, Lake Erie, North Coast Harbor,
Cleveland, OH.
(a) Location. This zone will
encompass all waters of Lake Erie,
North Coast Harbor, Cleveland, OH
within the vicinity of position
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41°30′29.66″ N. and 081°41′46.33″ W.
(NAD 83) extending in a straight line
approximately .4 miles NNW out of the
transient marina into the East Basin.
(b) Enforcement period. This
regulation will be enforced on July 26,
2015 from 5:45 a.m. until 10:15 a.m.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: July 14, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2015–18206 Filed 7–23–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2015–0407; FRL–9930–81–
Region 5]
Air Plan Approval; MI, Belding; 2008
Lead Clean Data Determination
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
On May 13, 2015, the
Michigan Department of Environmental
Quality (MDEQ) submitted a request to
the Environmental Protection Agency
(EPA) to make a determination under
the Clean Air Act (CAA) that the
Belding, MI nonattainment area has
attained the 2008 lead (Pb) national
SUMMARY:
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Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations
ambient air quality standard (NAAQS or
standard). In this action, EPA is
determining that the Belding, MI
nonattainment area (hereafter also
referred to as the ‘‘Belding area’’ or
‘‘area’’) has attained the 2008 Pb
NAAQS. This clean data determination
is based upon complete, quality-assured
and certified ambient air monitoring
data for the 2012–2014 period showing
that the area has monitored attainment
of the 2008 Pb NAAQS. Additionally, as
a result of this determination, EPA is
suspending the requirements for the
area to submit an attainment
demonstration, together with reasonably
available control measures (RACM), a
reasonable further progress (RFP) plan,
contingency measures for failure to meet
the RFP plan, and the attainment
deadline for as long as the area
continues to attain the 2008 Pb NAAQS.
DATES: This direct final rule will be
effective September 22, 2015, unless
EPA receives adverse comments by
August 24, 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–2015–0407, 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–
0407. 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
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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?
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III. Application of EPA’s Clean Data Policy to
the 2008 Pb NAAQS
IV. Does the Belding area 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 Belding area has
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 area has
monitored attainment of the 2008 Pb
NAAQS.
Further, with this clean data
determination, the requirements for the
Belding area to submit an attainment
demonstration together with RACM, a
RFP plan, and contingency measures for
failure to meet the RFP plan 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 the Belding area violates the 2008
Pb NAAQS after this action, the basis
for the suspension of these attainment
planning 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 for calendar years
2007–2009. On November 22, 2011 (76
FR 72097), EPA published a second and
final round of designations for the 2008
Pb NAAQS based upon air quality
monitoring data for calendar years
2008–2010. As part of the second round,
the Belding area was designated
nonattainment for the 2008 Pb NAAQS.
On May 13, 2015, MDEQ submitted a
request to EPA to make a determination
that the Belding area has 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
document, EPA finds the request
approvable.
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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). This policy was
extended to Pb in 2012 (see 77 FR
35653).
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 clean data
determination. For a full discussion on
EPA’s application of this policy, see
section III of the Bristol, Tennessee
Determination of Attaining Data for the
2008 Pb Standards (77 FR 35653).
EPA has reviewed the ambient air
monitoring data for the Belding area in
accordance with the provisions of 40
CFR part 50, appendix R. All data
considered are complete, qualityassured, certified, and recorded in
EPA’s Air Quality System database. This
review addresses air quality data
collected in the 2012–2014 period
which are the most recent qualityassured data available.
IV. Does the Belding area meet the 2008
Pb NAAQS?
The Belding area has two monitoring
sites that are Federal reference method
source-oriented monitors which meet
the quality assurance requirements of 40
CFR 58, appendix A.2 After the Mueller
Industries facility: Restricted Pb
emissions on its chip driers and
induction furnaces, implemented a
preventative maintenance plan,
properly operated controls, increased
stack height of the chip driers, and
increased monitoring, testing, and
record keeping, as required through
state rules by October of 2013, the
monitored Pb values were well below
the standard.
Table 1 shows the 2012–2014 threemonth rolling averages for Belding Area
monitor 26–067–0002 in mg/m3.
A. Criteria
This rulemaking assesses whether the
Belding area has attained the 2008 Pb
NAAQS, based on the most recent three
years of quality-assured data. The
Belding area is comprised of a partial
county area in Ionia County 1 and
surrounds the Mueller Industries
facility.
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.
Location
3-month period
545 Reed St ....................................................
B. Belding Area Air Quality
2012
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 .........................................................
2013
0.03
0.04
0.05
0.04
0.04
0.04
0.04
0.04
0.05
0.04
0.03
0.02
2014
0.02
0.01
0.01
0.01
0.03
0.03
0.04
0.05
0.05
0.06
0.04
0.04
0.02
0.02
0.02
0.01
0.02
0.02
0.02
0.01
0.04
0.04
0.04
0.02
Table 2 shows the 2012–2014 threemonth rolling averages for Belding Area
monitor 26–067–0003 in mg/m3.
3-month period
509 Merrick St .................................................
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Location
Nov–Jan 4 .......................................................
Dec–Feb .........................................................
Jan–Mar .........................................................
Feb–Apr ..........................................................
1 The specific area is bounded by the following
coordinates: Southeast corner by latitude
43.0956705 N and longitude 85.2130771 W;
southwest corner (intersection of S. Broas St. and
W. Washington St.) by latitude 43.0960358 N and
longitude 85.2324027 W; northeast corner by
latitude 43.1074942 N and longitude 85.2132313 W;
western boundary 1 (intersection of W. Ellis St. and
the vertical extension of S. Broas St.) by latitude
43.1033277 N and longitude 85.2322553 W; western
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2012
boundary 2 (intersection of W. Ellis St. and N.
Bridge St.) by latitude 43.1033911 N and longitude
85.2278464 W; western boundary 3 (intersection of
N. Bridge St. and Earle St.) by latitude 43.1074479
N and longitude 85.2279722 W.
2 During a routine audit, the monitor at site 26–
067–0002 was discovered to be 0.13 meters below
the recommended height. However, EPA
determined that this would have minimal effect on
the data and, if any, would incorrectly measure
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0.02
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2014
0.02
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concentrations as too high, rather than too low.
Therefore, the data were determined valid. The
problem was fixed on October 9, 2014 (see Belding
Reed Memorandum in the docket).
3 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.
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Location
3-month period
2012
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 0.06 mg/m3 as the highest
three-month rolling average.
The Mueller Industries facility’s
National Emissions Inventory emissions
in 2011 were 0.70 tons per year. With
the combination of restricted Pb
emissions, preventative maintenance
plan, properly operating controls,
increased stacks, and increased
monitoring, testing, and recordkeeping
at the facility, the area is now
monitoring less than half of the
standard.
EPA’s review of these data indicates
that the Belding area has attained and
continues to attain the 2008 Pb NAAQS,
with a design value of 0.06 mg/m3 for the
period of 2012–2014.
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V. What is the effect of this action?
Based on complete, quality-assured
and certified data for 2012–2014, EPA is
determining that the Belding area has
attained the 2008 Pb NAAQS. The
requirements for MDEQ to submit an
attainment demonstration and
associated RACM, a RFP plan,
contingency measures, and any other
planning State Implementation Plans
related to attainment of the 2008 Pb
NAAQS for the Belding area is
suspended for as long as the area
continues to attain the 2008 Pb NAAQS.
This 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
Belding area remains designated
nonattainment for the 2008 Pb NAAQS
until such time as EPA determines that
4 The 2012 data set includes data from November
and December of 2011.
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the area meets 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 September 22, 2015 without
further notice unless we receive relevant
adverse written comments by August
24, 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. Public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
September 22, 2015.
VI. Statutory and Executive Order
Reviews
This action makes a clean data
determination for the Belding area for
the 2008 Pb 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
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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 clean data
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
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of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 22, 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 this Federal Register, rather than file
an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Reporting and recordkeeping
requirements.
Dated: July 14, 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. Add § 52.1188 to read as follows:
rmajette on DSK2VPTVN1PROD with RULES
§ 52.1188
Control strategy: Lead (Pb).
(a) Based upon EPA’s review of the air
quality data for the three-year period
2012 to 2014, EPA determined that the
Belding, MI Pb nonattainment area has
attained the 2008 Pb National Ambient
Air Quality Standard (NAAQS). This
clean data determination suspends the
requirements for this area to submit an
VerDate Sep<11>2014
14:07 Jul 23, 2015
Jkt 235001
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard as long as this area
continues to meet the 2008 Pb NAAQS.
(b) [Reserved]
[FR Doc. 2015–18103 Filed 7–23–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2014–0842; A–1–FRL–
9927–32–Region 1]
Approval and Promulgation of Air
Quality Implementation Plans;
Connecticut; Prevention of Significant
Deterioration and Nonattainment New
Source Review
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to fully approve revisions to the
State of Connecticut’s State
Implementation Plan (SIP) relating to
regulation of fine particulate matter
(PM2.5) emissions within the context of
EPA’s Prevention of Significant
Deterioration (PSD) regulations. EPA is
also approving clarifications to the
applicability section of Connecticut’s
Nonattainment New Source Review
(NNSR) regulations. These revisions
will be part of Connecticut’s major
stationary source preconstruction
permitting programs, and are intended
to align Connecticut’s regulations with
the federal PSD and NNSR regulations.
This action is being taken in accordance
with the Clean Air Act (CAA).
DATES: This direct final rule will be
effective September 22, 2015, unless
EPA receives adverse comments by
August 24, 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 Number EPA–
R01–OAR–2014–0842 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: dahl.donald@epa.gov
3. Fax: (617) 918–0657.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2014–0842’’,
Donald Dahl, U.S. Environmental
SUMMARY:
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Permits, Toxics, and
Indoor Programs Unit, 5 Post Office
Square—Suite 100, (Mail code OEP05–
2), Boston, MA 02109–3912.
5. Hand Delivery or Courier: Deliver
your comments to: Donald Dahl, U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Permits,
Toxics, and Indoor Programs Unit, 5
Post Office Square—Suite 100 (Mail
code OEP05–2), Boston, MA 02109–
3912. Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2014–
0842. 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 through
www.regulations.gov, or email,
information that you consider to be CBI
or otherwise protected. 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
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information
may not publicly available, e.g., CBI or
other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
E:\FR\FM\24JYR1.SGM
24JYR1
]]>Agencies
[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Rules and Regulations]
[Pages 43956-43960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18103]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0407; FRL-9930-81-Region 5]
Air Plan Approval; MI, Belding; 2008 Lead Clean Data
Determination
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On May 13, 2015, the Michigan Department of Environmental
Quality (MDEQ) submitted a request to the Environmental Protection
Agency (EPA) to make a determination under the Clean Air Act (CAA) that
the Belding, MI nonattainment area has attained the 2008 lead (Pb)
national
[[Page 43957]]
ambient air quality standard (NAAQS or standard). In this action, EPA
is determining that the Belding, MI nonattainment area (hereafter also
referred to as the ``Belding area'' or ``area'') has attained the 2008
Pb NAAQS. This clean data determination is based upon complete,
quality-assured and certified ambient air monitoring data for the 2012-
2014 period showing that the area has monitored attainment of the 2008
Pb NAAQS. Additionally, as a result of this determination, EPA is
suspending the requirements for the area to submit an attainment
demonstration, together with reasonably available control measures
(RACM), a reasonable further progress (RFP) plan, contingency measures
for failure to meet the RFP plan, and the attainment deadline for as
long as the area continues to attain the 2008 Pb NAAQS.
DATES: This direct final rule will be effective September 22, 2015,
unless EPA receives adverse comments by August 24, 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-2015-0407, 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-
2015-0407. 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. Does the Belding area 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 Belding area has
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 area has monitored attainment of the
2008 Pb NAAQS.
Further, with this clean data determination, the requirements for
the Belding area to submit an attainment demonstration together with
RACM, a RFP plan, and contingency measures for failure to meet the RFP
plan 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 the Belding area violates the 2008 Pb NAAQS after this action,
the basis for the suspension of these attainment planning 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 for calendar years 2007-2009. On November 22, 2011 (76 FR 72097),
EPA published a second and final round of designations for the 2008 Pb
NAAQS based upon air quality monitoring data for calendar years 2008-
2010. As part of the second round, the Belding area was designated
nonattainment for the 2008 Pb NAAQS.
On May 13, 2015, MDEQ submitted a request to EPA to make a
determination that the Belding area has 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 document, EPA
finds the request approvable.
[[Page 43958]]
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). This policy was extended to Pb in 2012 (see 77 FR 35653).
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 clean data
determination. For a full discussion on EPA's application of this
policy, see section III of the Bristol, Tennessee Determination of
Attaining Data for the 2008 Pb Standards (77 FR 35653).
IV. Does the Belding area meet the 2008 Pb NAAQS?
A. Criteria
This rulemaking assesses whether the Belding area has attained the
2008 Pb NAAQS, based on the most recent three years of quality-assured
data. The Belding area is comprised of a partial county area in Ionia
County \1\ and surrounds the Mueller Industries facility.
---------------------------------------------------------------------------
\1\ The specific area is bounded by the following coordinates:
Southeast corner by latitude 43.0956705 N and longitude 85.2130771
W; southwest corner (intersection of S. Broas St. and W. Washington
St.) by latitude 43.0960358 N and longitude 85.2324027 W; northeast
corner by latitude 43.1074942 N and longitude 85.2132313 W; western
boundary 1 (intersection of W. Ellis St. and the vertical extension
of S. Broas St.) by latitude 43.1033277 N and longitude 85.2322553
W; western boundary 2 (intersection of W. Ellis St. and N. Bridge
St.) by latitude 43.1033911 N and longitude 85.2278464 W; western
boundary 3 (intersection of N. Bridge St. and Earle St.) by latitude
43.1074479 N and longitude 85.2279722 W.
---------------------------------------------------------------------------
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 Belding
area 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 database. This review addresses
air quality data collected in the 2012-2014 period which are the most
recent quality-assured data available.
B. Belding Area Air Quality
The Belding area has two monitoring sites that are Federal
reference method source-oriented monitors which meet the quality
assurance requirements of 40 CFR 58, appendix A.\2\ After the Mueller
Industries facility: Restricted Pb emissions on its chip driers and
induction furnaces, implemented a preventative maintenance plan,
properly operated controls, increased stack height of the chip driers,
and increased monitoring, testing, and record keeping, as required
through state rules by October of 2013, the monitored Pb values were
well below the standard.
---------------------------------------------------------------------------
\2\ During a routine audit, the monitor at site 26-067-0002 was
discovered to be 0.13 meters below the recommended height. However,
EPA determined that this would have minimal effect on the data and,
if any, would incorrectly measure concentrations as too high, rather
than too low. Therefore, the data were determined valid. The problem
was fixed on October 9, 2014 (see Belding Reed Memorandum in the
docket).
---------------------------------------------------------------------------
Table 1 shows the 2012-2014 three-month rolling averages for
Belding Area monitor 26-067-0002 in [micro]g/m\3\.
----------------------------------------------------------------------------------------------------------------
Location 3-month period 2012 2013 2014
----------------------------------------------------------------------------------------------------------------
545 Reed St........................... Nov-Jan \3\............. 0.03 0.02 0.02
Dec-Feb................. 0.04 0.01 0.02
Jan-Mar................. 0.05 0.01 0.02
Feb-Apr................. 0.04 0.01 0.01
Mar-May................. 0.04 0.03 0.02
Apr-Jun................. 0.04 0.03 0.02
May-July................ 0.04 0.04 0.02
Jun-Aug................. 0.04 0.05 0.01
July-Sept............... 0.05 0.05 0.04
Aug-Oct................. 0.04 0.06 0.04
Sept-Nov................ 0.03 0.04 0.04
Oct-Dec................. 0.02 0.04 0.02
----------------------------------------------------------------------------------------------------------------
Table 2 shows the 2012-2014 three-month rolling averages for
Belding Area monitor 26-067-0003 in [micro]g/m\3\.
---------------------------------------------------------------------------
\3\ 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 3-month period 2012 2013 2014
----------------------------------------------------------------------------------------------------------------
509 Merrick St........................ Nov-Jan \4\............. 0.02 0.02 0.05
Dec-Feb................. 0.02 0.03 0.03
Jan-Mar................. 0.03 0.03 0.02
Feb-Apr................. 0.04 0.03 0.04
[[Page 43959]]
Mar-May................. 0.05 0.03 0.04
Apr-Jun................. 0.06 0.03 0.04
May-July................ 0.05 0.04 0.03
Jun-Aug................. 0.05 0.04 0.03
July-Sept............... 0.04 0.04 0.03
Aug-Oct................. 0.03 0.03 0.03
Sept-Nov................ 0.02 0.04 0.03
Oct-Dec................. 0.02 0.05 0.04
----------------------------------------------------------------------------------------------------------------
The data shown in Tables 1 and 2 are complete, quality-assured, and
certified and show 0.06 [micro]g/m\3\ as the highest three-month
rolling average.
---------------------------------------------------------------------------
\4\ The 2012 data set includes data from November and December
of 2011.
---------------------------------------------------------------------------
The Mueller Industries facility's National Emissions Inventory
emissions in 2011 were 0.70 tons per year. With the combination of
restricted Pb emissions, preventative maintenance plan, properly
operating controls, increased stacks, and increased monitoring,
testing, and recordkeeping at the facility, the area is now monitoring
less than half of the standard.
EPA's review of these data indicates that the Belding area has
attained and continues to attain the 2008 Pb NAAQS, with a design value
of 0.06 [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 Belding area has attained the 2008 Pb
NAAQS. The requirements for MDEQ to submit an attainment demonstration
and associated RACM, a RFP plan, contingency measures, and any other
planning State Implementation Plans related to attainment of the 2008
Pb NAAQS for the Belding area is suspended for as long as the area
continues to attain the 2008 Pb NAAQS. This 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 Belding area
remains designated nonattainment for the 2008 Pb NAAQS until such time
as EPA determines that the area meets 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 September 22,
2015 without further notice unless we receive relevant adverse written
comments by August 24, 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. Public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective
September 22, 2015.
VI. Statutory and Executive Order Reviews
This action makes a clean data determination for the Belding area
for the 2008 Pb 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 clean data 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
[[Page 43960]]
of the United States. EPA will submit a report containing this action
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 22, 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 this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.
Dated: July 14, 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. Add Sec. 52.1188 to read as follows:
Sec. 52.1188 Control strategy: Lead (Pb).
(a) Based upon EPA's review of the air quality data for the three-
year period 2012 to 2014, EPA determined that the Belding, MI Pb
nonattainment area has attained the 2008 Pb National Ambient Air
Quality Standard (NAAQS). This clean data determination suspends the
requirements for this area 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 as long as this area continues to meet the
2008 Pb NAAQS.
(b) [Reserved]
[FR Doc. 2015-18103 Filed 7-23-15; 8:45 am]
BILLING CODE 6560-50-P
