Air Plan Approval; IL; MN; Determinations of Attainment of the 2008 Lead Standard for Chicago and Eagan, 51127-51131 [2015-20775]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations
§ 165.T01–0731 Security Zone; Martha’s
Vineyard, Massachusetts.
ACTION:
(a) Location. The following areas are
security zones: All navigable waters,
from surface to bottom, within 1000
yards of U.S. Secret Service security
operations in the navigable waters of the
U.S. in the coastal areas of Martha’s
Vineyard, Massachusetts.
(b) Notification. Coast Guard Sector
Southeastern New England will give
actual notice to mariners for the purpose
of enforcement of these temporary
security zones.
(c) Effective and Enforcement Period.
This section will be enforced from 8:00
a.m. on Friday, August 7, 2015 until
5:00 p.m. on Monday, August 24, 2015.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.33
apply.
(2) In accordance with the general
regulations in § 165.33 of this part, entry
into or movement within these zones is
prohibited unless authorized by the
Captain of the Port or his designated
representatives.
(3) The ‘‘designated representative’’ is
any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port to
act on his behalf. The on-scene
representative may be on a Coast Guard
vessel, or onboard a federal, state, or
local agency vessel that is authorized to
act in support of the Coast Guard.
(4) Upon being hailed by a U.S. Coast
Guard vessel or his designated
representative, by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
(5) Vessel operators desiring to enter
or operate within these security zones
shall contact the Captain of the Port or
his designated representative via VHF
channel 16 to obtain permission to do
so.
SUMMARY:
Dated: August 4, 2015.
J.T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the
Port, Southeastern New England.
[FR Doc. 2015–20865 Filed 8–21–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
rmajette on DSK2VPTVN1PROD with RULES
[EPA–R05–OAR–2015–0408; EPA–R05–
OAR–2015–0409; FRL–9932–63–Region 5]
Air Plan Approval; IL; MN;
Determinations of Attainment of the
2008 Lead Standard for Chicago and
Eagan
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Sep<11>2014
12:27 Aug 21, 2015
Jkt 235001
Direct final rule.
The Environmental Protection
Agency (EPA) is making determinations
under the Clean Air Act (CAA) that the
Chicago, Illinois and Eagan, Minnesota
nonattainment areas (hereafter also
referred to, respectively, as the ‘‘Chicago
area,’’ ‘‘Eagan area,’’ or ‘‘areas’’) have
attained the 2008 lead (Pb) national
ambient air quality standard (NAAQS or
standard). 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 achieved attainment of the 2008 Pb
NAAQS. Additionally, as a result of
these determinations, EPA is
suspending the requirements for the
areas to submit attainment
demonstrations, and associated
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.
This action does not constitute a
redesignation of the areas to attainment
of the 2008 Pb NAAQS; the areas remain
designated nonattainment until such
time as EPA determines that the areas
meet the CAA requirements for
redesignation to attainment and takes
action to redesignate the areas.
DATES: This direct final rule will be
effective October 23, 2015, unless EPA
receives adverse comments by
September 23, 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–2015–0408 (Chicago area) or EPA–
R05–OAR–2015–0409 (Eagan area), 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
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
51127
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–
0408 (Chicago area) or EPA–R05–OAR–
2015–0409 (Eagan area). 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 Eric
Svingen, Environmental Engineer, at
E:\FR\FM\24AUR1.SGM
24AUR1
51128
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations
(312) 353–4489 before visiting the
Region 5 office.
Eric
Svingen, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–4489,
svingen.eric@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:
FOR FURTHER INFORMATION CONTACT:
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 Chicago and Eagan areas meet the
2008 Pb NAAQS?
V. What is the effect of this action?
VI. Statutory and Executive Order Reviews
rmajette on DSK2VPTVN1PROD with RULES
I. What action is EPA taking?
EPA is taking final action to
determine that the Chicago area and
Eagan 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 achieved attainment of the
2008 Pb NAAQS.
Further, with these determinations of
attainment, the requirements for the
areas to submit attainment
demonstrations, and associated 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 Chicago area or the Eagan
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 Section 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
VerDate Sep<11>2014
12:27 Aug 21, 2015
Jkt 235001
based upon air quality monitoring data
for calendar years 2007–2009. The
Eagan area was designated
nonattainment for the 2008 Pb NAAQS
as part of this initial round. 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. The
Chicago area was designated
nonattainment for the 2008 Pb NAAQS
as part of this second round.
The Illinois Environmental Protection
Agency (Illinois EPA) and Minnesota
Pollution Control Agency (MPCA) have
submitted to EPA complete, qualityassured, and certified monitoring data
covering the period from 2012 to 2014.
For the reasons set forth in this
document, EPA finds that the areas have
reached attainment of the 2008 Pb
NAAQS for this time period.
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, EPA Office of Air Quality
Planning and Standards, ‘‘Reasonable
Further Progress, 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 35652, 35653,
June 14, 2012).
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
IV. Do the Chicago and Eagan areas
meet the 2008 Pb NAAQS?
A. Criteria
Today’s rulemaking assesses whether
the Chicago and Eagan areas have
attained the 2008 Pb NAAQS, based on
the most recent three years of qualityassured data. The Chicago area is
comprised of the portions of Cook
County that are bounded by Damen Ave.
on the west, Roosevelt Rd. on the north,
the Dan Ryan Expressway on the east,
and the Stevenson Expressway on the
south. These boundaries surround the
H. Kramer & Co. (H. Kramer) facility,
which according to Illinois EPA analysis
was found to be the source responsible
for elevated lead levels in the Chicago
nonattainment area.1 The Eagan area is
comprised of the portions of Dakota
County that are bounded by Lone Oak
Rd. (County Rd. 26) to the north, County
Rd. 63 to the east, Wescott Rd. to the
south, and Lexington Ave. (County Rd.
43) to the west. These boundaries
surround the Gopher Resource facility,
which according to National Emissions
Inventory data was found to account for
66.7% of all lead emissions in Dakota
County.2
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
refers to this maximum rolling threemonth average over a three-year period
as the ‘‘design value.’’
40 CFR part 58, appendix A outlines
the quality assurance requirements
necessary for providing ‘‘sufficient
information to assess the quality of the
monitoring data.’’ 40 CFR part 58,
appendix D provides network design
criteria requirements which describe
‘‘specific requirements for the number
and location of . . . [monitoring] sites
for specific pollutants. . . .’’ Within this
appendix, Section 4.5 states that ‘‘[a]t a
minimum, there must be one sourceoriented SLAMS (State and Local Air
Monitoring Station) site located to
measure the maximum Pb concentration
in ambient air resulting from each non1 See the technical support document ‘‘Region 5
Final Ionia County, Chicago, Illinois Lead Technical
Support Document (TSD)’’ [sic] attached to EPA’s
air quality designations published November 22,
2011 (76 FR 72097).
2 See the technical support document ‘‘Region 5—
Final Eagan, Minnesota Technical Support
Document For 1st Round of Lead Designations’’
attached to EPA’s air quality designations published
November 22, 2010 (75 FR 71033).
E:\FR\FM\24AUR1.SGM
24AUR1
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations
airport Pb source which emits 0.50 or
more tons per year. . . . ’’
B. Chicago Area Air Quality
EPA has reviewed the ambient air
monitoring data for the Chicago and
Eagan areas in accordance with the
provisions of 40 CFR part 50, appendix
R, and 40 CFR part 58, appendix A and
appendix D. 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.
Location
AQS site ID
1241 19th St., Chicago, IL ...................
17–031–0110 #1
The datashown in Table 1 are
complete, quality-assured, and certified
and show 0.05 mg/m3 as the highest
three-month rolling average.4
With the combination of emissions
limits, controls for fugitive emissions,
and implementation of additional
testing and monitoring requirements,
the design value at the monitor is now
about a third of the standard.
Location
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 ...............................................
EPA’s review of these data indicates
that the Chicago area has attained and
continues to attain the 2008 Pb NAAQS,
with a design value of 0.05 mg/m3 for the
period of 2012–2014.
C. Eagan Area Air Quality
MPCA operates the 27–037–0465
monitoring site, which is a FRM sourceoriented SLAMS monitor in the Eagan
area. This monitoring site is located at
27–037–0465 #1
pollution control technology before
September 1, 2013, and to conduct
monitoring and stack testing of the new
equipment. The consent decree also
required H. Kramer to reduce rotary
furnace production of two lead alloys
until H. Kramer began operation of the
new pollution control equipment. H.
Kramer has installed and is operating
the new pollution control equipment.
After the H. Kramer facility
implemented the controls required by
the consent decree, the Pb values have
been well below the standard.
Table 1 shows the 2012–2014 threemonth rolling averages for the 17–031–
0110 monitoring site, in units of mg/m3.
3-month period
AQS site ID
149 & Yankee Doodle Rd., Eagan, MN
rmajette on DSK2VPTVN1PROD with RULES
The Cook County Department of
Environmental Control in conjunction
with Illinois EPA operates the 17–031–
0110 monitoring site, which is a Federal
reference method (FRM) source-oriented
SLAMS monitor in the Chicago area.
This monitoring site is located at 1241
19th St. in Chicago, Illinois.
In 2013, the United States and the
State of Illinois entered into a consent
decree with H. Kramer. The consent
decree required H. Kramer to, among
other things, replace the existing
pollution control equipment serving two
rotary furnaces at its facility located at
1345 West 21st St. in Chicago with new
0.01
0.01
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.04
0.03
2012
0.07
0.09
0.10
0.09
0.06
0.05
0.08
0.09
0.11
0.08
0.10
0.07
2013
0.09
0.08
0.09
0.08
0.07
0.05
0.09
0.10
0.11
0.07
0.08
0.09
2014
0.08
0.12
0.11
0.08
0.04
0.03
0.03
0.03
0.04
0.06
0.08
0.06
located 27–037–0465 monitoring site, in
units of mg/m3.
4 A co-located monitor with AQS site ID 17–031–
0110 #9 has been operating since April 2013.
Because this monitor has not produced three
complete years of data, EPA is not considering its
data in this action. Nevertheless, the co-located
0.04
0.03
0.02
0.02
0.02
0.02
0.02
0.02
0.03
0.03
0.03
0.02
2014
Table 2 shows the 2012–2014 threemonth rolling averages for the 27–037–
0465 monitoring site, in units of mg/m3.
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 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.
0.03
0.02
0.02
0.02
0.03
0.02
0.02
0.03
0.04
0.05
0.04
0.04
2013
149 & Yankee Doodle Rd. in Eagan,
Minnesota. After the Gopher Resource
facility implemented emissions limits,
controlled fugitive emissions, and
implemented general operating and
maintenance requirements, the Pb
values have been below the standard.
3-month period
Table 3 shows the 2012–2014 threemonth rolling averages for the co-
51129
VerDate Sep<11>2014
12:27 Aug 21, 2015
Jkt 235001
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
monitor has not shown any exceedances of the
standard.
5 The 2012 data set includes data from November
and December of 2011.
E:\FR\FM\24AUR1.SGM
24AUR1
51130
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations
Location
AQS site ID
149 & Yankee Doodle Rd., Eagan, MN
27–037–0465 #2
rmajette on DSK2VPTVN1PROD with RULES
The data shown in Tables 2 and 3 are
complete, quality-assured, and certified
and show 0.13 mg/m3 as the highest
three-month rolling average.
With the combination of emissions
limits, controls for fugitive emissions,
and implementation of general
operating and maintenance
requirements, the design value at the
monitor is now about thirteen-fifteenths
of the standard.
EPA’s review of these data indicates
that the Eagan area has attained and
continues to attain the 2008 Pb NAAQS,
with a design value of 0.13 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 Chicago and Eagan
areas have attained the 2008 Pb
NAAQS. The requirements for Illinois
EPA and MPCA 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 Chicago and Eagan areas, are
suspended for as long as the areas
continue to attain the 2008 Pb NAAQS.
This rulemaking is consistent and in
keeping with EPA’s long-held
interpretation of CAA requirements, as
well as with EPA’s regulations for
similar determinations for ozone (see 40
CFR Section 51.918) and PM2.5 (see 40
CFR Section 51.1004(c)).
This action does not constitute a
redesignation of the areas to attainment
of the 2008 Pb NAAQS under section
107(d)(3) of the CAA. This action does
not involve approving maintenance
plans for the areas as required under
section 175A of the CAA, nor does it
find that the areas have met all other
requirements for redesignation. The
Chicago and Eagan areas remain
designated nonattainment for the 2008
Pb NAAQS until such time as EPA
determines that the areas meet the CAA
6 The 2012 data set includes data from November
and December of 2011.
VerDate Sep<11>2014
12:27 Aug 21, 2015
Jkt 235001
3-month period
Nov–Jan 6 ............................................
Dec–Feb ..............................................
Jan–Mar ...............................................
Feb–Apr ...............................................
Mar–May ..............................................
Apr–Jun ...............................................
May–July .............................................
Jun–Aug ..............................................
July–Sept .............................................
Aug–Oct ...............................................
Sept–Nov .............................................
Oct–Dec ...............................................
requirements for redesignation to
attainment and takes action to
redesignate the areas.
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 October 23, 2015 without
further notice unless we receive relevant
adverse written comments by September
23, 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
October 23, 2015.
VI. Statutory and Executive Order
Reviews.
This action makes attainment
determinations for the Chicago and
Eagan 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,
PO 00000
2012
Frm 00018
Fmt 4700
Sfmt 4700
0.07
0.08
0.10
0.07
0.05
0.05
0.10
0.11
0.13
0.10
0.11
0.08
2013
0.09
0.08
0.10
0.09
0.08
0.06
0.12
0.12
0.12
0.07
0.08
0.09
2014
0.08
0.12
0.11
0.08
0.04
0.03
0.04
0.03
0.05
0.07
0.08
0.06
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
determinations are 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
E:\FR\FM\24AUR1.SGM
24AUR1
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations
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 October 23, 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
reference, Intergovernmental relations,
Lead, Reporting and recordkeeping
requirements.
Dated: August 10, 2015.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
rmajette on DSK2VPTVN1PROD with RULES
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 § 52.746 to subpart O to read
as follows:
■
12:27 Aug 21, 2015
Control strategy: Lead (Pb).
(a) Based upon EPA’s review of the air
quality data for the 3-year period 2012
to 2014, EPA determined that the
Chicago, Illinois lead nonattainment
area attained the 2008 Lead 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 for as long as this area
continues to meet the 2008 lead
NAAQS.
(b) [Reserved]
■ 3. Add § 52.1238 to subpart Y to read
as follows:
§ 52.1238
Control strategy: Lead (Pb).
(a) Based upon EPA’s review of the air
quality data for the 3-year period 2012
to 2014, EPA determined that the Eagan,
Minnesota lead nonattainment area
attained the 2008 Lead 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 for as long as this area
continues to meet the 2008 lead
NAAQS.
(b) [Reserved]
[FR Doc. 2015–20775 Filed 8–21–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0556; FRL–9932–95–
Region 7]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Missouri; Cross-State Air Pollution
Rule
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the State
Implementation Plan (SIP) submitted by
the State of Missouri in a letter dated
March 30, 2015. This SIP revision
provides Missouri’s state-determined
allowance allocations for existing
SUMMARY:
■
VerDate Sep<11>2014
§ 52.746
Jkt 235001
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
51131
electric generating units (EGUs) in the
state for the 2016 control periods and
replaces certain allowance allocations
for the 2016 control periods established
by EPA under the Cross-State Air
Pollution Rule (CSAPR). The CSAPR
addresses the ‘‘good neighbor’’
provision of the Clean Air Act (CAA or
Act) that requires states to reduce the
transport of pollution that significantly
affects downwind air quality. In this
final action EPA is approving Missouri’s
SIP revision, incorporating the statedetermined allocations for the 2016
control periods into the SIP, and
amending the regulatory text of the
CSAPR Federal Implementation Plan
(FIP) to reflect this approval and
inclusion of the state-determined
allocations. EPA is taking direct final
action to approve Missouri’s SIP
revision because it meets the
requirements of the CAA and the
CSAPR requirements to replace EPA’s
allowance allocations for the 2016
control periods. This action is being
taken pursuant to the CAA and its
implementing regulations. EPA’s
allocations of CSAPR trading program
allowances for Missouri for control
periods in 2017 and beyond remain in
place until the State submits and EPA
approves state-determined allocations
for those control periods through
another SIP revision. The CSAPR FIPs
for Missouri remain in place until such
time as the State decides to replace the
FIPs with a SIP revision.
DATES: This direct final rule will be
effective October 5, 2015, without
further notice, unless EPA receives
adverse comment by September 23,
2015. If EPA receives adverse comment,
we 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–R07–
OAR–2015–0556, by one of the
following methods:
1. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: Kemp.lachala@epa.gov
3. Mail or Hand Delivery: Lachala
Kemp, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2015–
0556. EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
E:\FR\FM\24AUR1.SGM
24AUR1
]]>Agencies
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Rules and Regulations]
[Pages 51127-51131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20775]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0408; EPA-R05-OAR-2015-0409; FRL-9932-63-Region 5]
Air Plan Approval; IL; MN; Determinations of Attainment of the
2008 Lead Standard for Chicago and Eagan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is making
determinations under the Clean Air Act (CAA) that the Chicago, Illinois
and Eagan, Minnesota nonattainment areas (hereafter also referred to,
respectively, as the ``Chicago area,'' ``Eagan area,'' or ``areas'')
have attained the 2008 lead (Pb) national ambient air quality standard
(NAAQS or standard). 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 achieved
attainment of the 2008 Pb NAAQS. Additionally, as a result of these
determinations, EPA is suspending the requirements for the areas to
submit attainment demonstrations, and associated 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. This
action does not constitute a redesignation of the areas to attainment
of the 2008 Pb NAAQS; the areas remain designated nonattainment until
such time as EPA determines that the areas meet the CAA requirements
for redesignation to attainment and takes action to redesignate the
areas.
DATES: This direct final rule will be effective October 23, 2015,
unless EPA receives adverse comments by September 23, 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-2015-0408 (Chicago area) or EPA-R05-OAR-2015-0409 (Eagan area), 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-
2015-0408 (Chicago area) or EPA-R05-OAR-2015-0409 (Eagan area). 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 Eric Svingen, Environmental Engineer,
at
[[Page 51128]]
(312) 353-4489 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-4489,
svingen.eric@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 Chicago and Eagan 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 Chicago area and
Eagan 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
achieved attainment of the 2008 Pb NAAQS.
Further, with these determinations of attainment, the requirements
for the areas to submit attainment demonstrations, and associated 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 Chicago area or the Eagan 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 Section 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. The Eagan area was
designated nonattainment for the 2008 Pb NAAQS as part of this initial
round. 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. The Chicago area
was designated nonattainment for the 2008 Pb NAAQS as part of this
second round.
The Illinois Environmental Protection Agency (Illinois EPA) and
Minnesota Pollution Control Agency (MPCA) have submitted to EPA
complete, quality-assured, and certified monitoring data covering the
period from 2012 to 2014. For the reasons set forth in this document,
EPA finds that the areas have reached attainment of the 2008 Pb NAAQS
for this time period.
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, EPA Office of Air Quality
Planning and Standards, ``Reasonable Further Progress, 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 35652, 35653, June 14, 2012).
IV. Do the Chicago and Eagan areas meet the 2008 Pb NAAQS?
A. Criteria
Today's rulemaking assesses whether the Chicago and Eagan areas
have attained the 2008 Pb NAAQS, based on the most recent three years
of quality-assured data. The Chicago area is comprised of the portions
of Cook County that are bounded by Damen Ave. on the west, Roosevelt
Rd. on the north, the Dan Ryan Expressway on the east, and the
Stevenson Expressway on the south. These boundaries surround the H.
Kramer & Co. (H. Kramer) facility, which according to Illinois EPA
analysis was found to be the source responsible for elevated lead
levels in the Chicago nonattainment area.\1\ The Eagan area is
comprised of the portions of Dakota County that are bounded by Lone Oak
Rd. (County Rd. 26) to the north, County Rd. 63 to the east, Wescott
Rd. to the south, and Lexington Ave. (County Rd. 43) to the west. These
boundaries surround the Gopher Resource facility, which according to
National Emissions Inventory data was found to account for 66.7% of all
lead emissions in Dakota County.\2\
---------------------------------------------------------------------------
\1\ See the technical support document ``Region 5 Final Ionia
County, Chicago, Illinois Lead Technical Support Document (TSD)''
[sic] attached to EPA's air quality designations published November
22, 2011 (76 FR 72097).
\2\ See the technical support document ``Region 5--Final Eagan,
Minnesota Technical Support Document For 1st Round of Lead
Designations'' attached to EPA's air quality designations published
November 22, 2010 (75 FR 71033).
---------------------------------------------------------------------------
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
refers to this maximum rolling three-month average over a three-year
period as the ``design value.''
40 CFR part 58, appendix A outlines the quality assurance
requirements necessary for providing ``sufficient information to assess
the quality of the monitoring data.'' 40 CFR part 58, appendix D
provides network design criteria requirements which describe ``specific
requirements for the number and location of . . . [monitoring] sites
for specific pollutants. . . .'' Within this appendix, Section 4.5
states that ``[a]t a minimum, there must be one source-oriented SLAMS
(State and Local Air Monitoring Station) site located to measure the
maximum Pb concentration in ambient air resulting from each non-
[[Page 51129]]
airport Pb source which emits 0.50 or more tons per year. . . . ''
EPA has reviewed the ambient air monitoring data for the Chicago
and Eagan areas in accordance with the provisions of 40 CFR part 50,
appendix R, and 40 CFR part 58, appendix A and appendix D. 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. Chicago Area Air Quality
The Cook County Department of Environmental Control in conjunction
with Illinois EPA operates the 17-031-0110 monitoring site, which is a
Federal reference method (FRM) source-oriented SLAMS monitor in the
Chicago area. This monitoring site is located at 1241 19th St. in
Chicago, Illinois.
In 2013, the United States and the State of Illinois entered into a
consent decree with H. Kramer. The consent decree required H. Kramer
to, among other things, replace the existing pollution control
equipment serving two rotary furnaces at its facility located at 1345
West 21st St. in Chicago with new pollution control technology before
September 1, 2013, and to conduct monitoring and stack testing of the
new equipment. The consent decree also required H. Kramer to reduce
rotary furnace production of two lead alloys until H. Kramer began
operation of the new pollution control equipment. H. Kramer has
installed and is operating the new pollution control equipment. After
the H. Kramer facility implemented the controls required by the consent
decree, the Pb values have been well below the standard.
Table 1 shows the 2012-2014 three-month rolling averages for the
17-031-0110 monitoring site, in units of [micro]g/m\3\.
----------------------------------------------------------------------------------------------------------------
Location AQS site ID 3-month period 2012 2013 2014
----------------------------------------------------------------------------------------------------------------
1241 19th St., Chicago, IL....... 17-031-0110 #1 Nov-Jan \3\........ 0.03 0.04 0.01
Dec-Feb............ 0.02 0.03 0.01
Jan-Mar............ 0.02 0.02 0.02
Feb-Apr............ 0.02 0.02 0.02
Mar-May............ 0.03 0.02 0.02
Apr-Jun............ 0.02 0.02 0.02
May-July........... 0.02 0.02 0.02
Jun-Aug............ 0.03 0.02 0.02
July-Sept.......... 0.04 0.03 0.02
Aug-Oct............ 0.05 0.03 0.02
Sept-Nov........... 0.04 0.03 0.04
Oct-Dec............ 0.04 0.02 0.03
----------------------------------------------------------------------------------------------------------------
The data shown in Table 1 are complete, quality-assured, and
certified and show 0.05 [micro]g/m\3\ as the highest three-month
rolling average.\4\
---------------------------------------------------------------------------
\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.
\4\ A co-located monitor with AQS site ID 17-031-0110 #9 has
been operating since April 2013. Because this monitor has not
produced three complete years of data, EPA is not considering its
data in this action. Nevertheless, the co-located monitor has not
shown any exceedances of the standard.
---------------------------------------------------------------------------
With the combination of emissions limits, controls for fugitive
emissions, and implementation of additional testing and monitoring
requirements, the design value at the monitor is now about a third of
the standard.
EPA's review of these data indicates that the Chicago area has
attained and continues to attain the 2008 Pb NAAQS, with a design value
of 0.05 [micro]g/m\3\ for the period of 2012-2014.
C. Eagan Area Air Quality
MPCA operates the 27-037-0465 monitoring site, which is a FRM
source-oriented SLAMS monitor in the Eagan area. This monitoring site
is located at 149 & Yankee Doodle Rd. in Eagan, Minnesota. After the
Gopher Resource facility implemented emissions limits, controlled
fugitive emissions, and implemented general operating and maintenance
requirements, the Pb values have been below the standard.
Table 2 shows the 2012-2014 three-month rolling averages for the
27-037-0465 monitoring site, in units of [micro]g/m\3\.
----------------------------------------------------------------------------------------------------------------
Location AQS site ID 3-month period 2012 2013 2014
----------------------------------------------------------------------------------------------------------------
149 & Yankee Doodle Rd., Eagan, 27-037-0465 #1 Nov-Jan \5\........ 0.07 0.09 0.08
MN.
Dec-Feb............ 0.09 0.08 0.12
Jan-Mar............ 0.10 0.09 0.11
Feb-Apr............ 0.09 0.08 0.08
Mar-May............ 0.06 0.07 0.04
Apr-Jun............ 0.05 0.05 0.03
May-July........... 0.08 0.09 0.03
Jun-Aug............ 0.09 0.10 0.03
July-Sept.......... 0.11 0.11 0.04
Aug-Oct............ 0.08 0.07 0.06
Sept-Nov........... 0.10 0.08 0.08
Oct-Dec............ 0.07 0.09 0.06
----------------------------------------------------------------------------------------------------------------
Table 3 shows the 2012-2014 three-month rolling averages for the
co-located 27-037-0465 monitoring site, in units of [micro]g/m\3\.
---------------------------------------------------------------------------
\5\ The 2012 data set includes data from November and December
of 2011.
[[Page 51130]]
----------------------------------------------------------------------------------------------------------------
Location AQS site ID 3-month period 2012 2013 2014
----------------------------------------------------------------------------------------------------------------
149 & Yankee Doodle Rd., Eagan, 27-037-0465 #2 Nov-Jan \6\........ 0.07 0.09 0.08
MN.
Dec-Feb............ 0.08 0.08 0.12
Jan-Mar............ 0.10 0.10 0.11
Feb-Apr............ 0.07 0.09 0.08
Mar-May............ 0.05 0.08 0.04
Apr-Jun............ 0.05 0.06 0.03
May-July........... 0.10 0.12 0.04
Jun-Aug............ 0.11 0.12 0.03
July-Sept.......... 0.13 0.12 0.05
Aug-Oct............ 0.10 0.07 0.07
Sept-Nov........... 0.11 0.08 0.08
Oct-Dec............ 0.08 0.09 0.06
----------------------------------------------------------------------------------------------------------------
The data shown in Tables 2 and 3 are complete, quality-assured, and
certified and show 0.13 [micro]g/m\3\ as the highest three-month
rolling average.
---------------------------------------------------------------------------
\6\ The 2012 data set includes data from November and December
of 2011.
---------------------------------------------------------------------------
With the combination of emissions limits, controls for fugitive
emissions, and implementation of general operating and maintenance
requirements, the design value at the monitor is now about thirteen-
fifteenths of the standard.
EPA's review of these data indicates that the Eagan area has
attained and continues to attain the 2008 Pb NAAQS, with a design value
of 0.13 [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 Chicago and Eagan areas have attained
the 2008 Pb NAAQS. The requirements for Illinois EPA and MPCA 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 Chicago and Eagan areas, are suspended for as long as
the areas continue to attain the 2008 Pb NAAQS. This rulemaking is
consistent and in keeping with EPA's long-held interpretation of CAA
requirements, as well as with EPA's regulations for similar
determinations for ozone (see 40 CFR Section 51.918) and
PM2.5 (see 40 CFR Section 51.1004(c)).
This action does not constitute a redesignation of the areas to
attainment of the 2008 Pb NAAQS under section 107(d)(3) of the CAA.
This action does not involve approving maintenance plans for the areas
as required under section 175A of the CAA, nor does it find that the
areas have met all other requirements for redesignation. The Chicago
and Eagan 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 areas.
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 October 23,
2015 without further notice unless we receive relevant adverse written
comments by September 23, 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
October 23, 2015.
VI. Statutory and Executive Order Reviews.
This action makes attainment determinations for the Chicago and
Eagan 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 determinations are 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
[[Page 51131]]
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 October 23, 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
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.
Dated: August 10, 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. 52.746 to subpart O to read as follows:
Sec. 52.746 Control strategy: Lead (Pb).
(a) Based upon EPA's review of the air quality data for the 3-year
period 2012 to 2014, EPA determined that the Chicago, Illinois lead
nonattainment area attained the 2008 Lead 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 for as long as this area continues to meet
the 2008 lead NAAQS.
(b) [Reserved]
0
3. Add Sec. 52.1238 to subpart Y to read as follows:
Sec. 52.1238 Control strategy: Lead (Pb).
(a) Based upon EPA's review of the air quality data for the 3-year
period 2012 to 2014, EPA determined that the Eagan, Minnesota lead
nonattainment area attained the 2008 Lead 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 for as long as this area continues to meet
the 2008 lead NAAQS.
(b) [Reserved]
[FR Doc. 2015-20775 Filed 8-21-15; 8:45 am]
BILLING CODE 6560-50-P
