80 FR 44017 - Air Plan Approval; MI, Belding; 2008 Lead Clean Data Determination
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 142 (July 24, 2015)
Federal Register Volume 80, Issue 142 (July 24, 2015)
| Page Range | 44017-44018 | |
| FR Document | 2015-18100 |
[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)] [Proposed Rules] [Pages 44017-44018] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18100] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2015-0407; FRL-9930-80-Region 5] Air Plan Approval; MI, Belding; 2008 Lead Clean Data Determination AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed 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 nonattainment area has attained the 2008 lead (Pb) national ambient air quality standard (NAAQS). In this action, EPA is proposing to determine that the Belding nonattainment area (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 design period showing that the area has monitored attainment of the 2008 Pb NAAQS. Additionally, as a result of this proposed determination, EPA is proposing to suspend the [[Page 44018]] requirements for the area to submit an attainment demonstration, together with reasonably available control measures, a reasonable further progress (RFP) plan, and contingency measures for failure to meet the RFP plan and attainment deadlines for as long as the area continues to attain the 2008 Pb NAAQS. DATES: Comments must be received on or before August 24, 2015. 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: [email protected]. 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. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments. 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, [email protected]. SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal Register, EPA is making a clean data determination as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the action is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and public comments received will be addressed in a subsequent final rule based on this proposed rule. 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. For additional information, see the direct final rule which is located in the Rules section of this Federal Register. Dated: July 14, 2015. Susan Hedman, Regional Administrator, Region 5. [FR Doc. 2015-18100 Filed 7-23-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Proposed Rules 44017
heavy-duty vehicles and engines.9 The IV. Proposed Action • Does not provide EPA with the
memorandum also stated that ‘‘[t]o meet EPA is proposing to approve Georgia’s discretionary authority to address, as
the requirements of the Clean Fuel Fleet January 22, 2015, SIP revision and move appropriate, disproportionate human
Program fleet managers can be assured Georgia’s CFFP rules (Georgia Rules health or environmental effects, using
that vehicles and engines certified to 391–3–22–.01 through .11) from the practicable and legally permissible
current Part 86 emission standards, active portion of Georgia SIP to the methods, under Executive Order 12898
which EPA has determined to be as or contingency measures portion of (59 FR 7629, February 16, 1994).
more stringent than corresponding CFV Georgia’s maintenance plan in the SIP In addition, the SIP is not approved
emission standards per the attached for the 1997 Atlanta 8-hour Ozone Area. to apply on any Indian reservation land
EPA Dear Manufacturer Letter meet the EPA is proposing this approval because or in any other area where EPA or an
CFV emission standards and the CFFP the Agency has made the preliminarily Indian tribe has demonstrated that a
requirements as defined in CFR part determination that Georgia’s January 22, tribe has jurisdiction. In those areas of
88.’’ Further reductions from these same 2015, SIP revision is consistent with the Indian country, the rule does not have
vehicles will be achieved by EPA’s CAA and EPA’s regulations and tribal implications as specified by
newly promulgated Tier 3 emission guidance. Executive Order 13175 (65 FR 67249,
standards.10 November 9, 2000), nor will it impose
V. Statutory and Executive Order substantial direct costs on tribal
In its SIP submission, GA EPD Reviews governments or preempt tribal law.
provided an independent analysis of the
Under the CAA, the Administrator is
expected emission benefits of Tier 2 and List of Subjects in 40 CFR Part 52
required to approve a SIP submission
heavy-duty engine standards over LEV Environmental protection, Air
that complies with the provisions of the
standards.11 According to GA EPD’s pollution control, Carbon monoxide,
Act and applicable federal regulations.
analysis, Tier 2 NOX standards have a Incorporation by reference, Nitrogen
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
benefit over LEV ranging from 0.09 gpm dioxide, Ozone, Reporting and
Thus, in reviewing SIP submissions,
to 0.99 gpm on a per vehicle basis. With EPA’s role is to approve state choices, recordkeeping requirements, Volatile
regard to the heavy-duty engine provided that they meet the criteria of organic compounds.
standards, GA EPD indicates that there the CAA. Accordingly, this proposed
is a benefit of 1.4 grams/brake-horse Authority: 42 U.S.C. 7401 et seq.
action merely approves State law as
power per hour for the combination of meeting federal requirements and does Dated: July 14, 2015.
non-methane hydrocarbons and NOX on not impose additional requirements Heather McTeer Toney,
a per vehicle basis. beyond those imposed by State law. For Regional Administrator, Region 4.
EPA has preliminarily determined that reason, this proposed action: [FR Doc. 2015–18079 Filed 7–23–15; 8:45 am]
that the removal of the Georgia CFFP • Is not a ‘‘significant regulatory BILLING CODE 6560–50–P
will not interfere with attainment or action’’ subject to review by the Office
reasonable further progress, or any other of Management and Budget under
applicable requirement of the Act Executive Orders 12866 (58 FR 51735, ENVIRONMENTAL PROTECTION
because the emission reductions that October 4, 1993) and 13563 (76 FR 3821, AGENCY
were generated by Georgia’s CFFP have January 21, 2011);
been overtaken by EPA’s Tier 2 Rule • Does not impose an information 40 CFR Part 52
and heavy-duty emissions standards. As collection burden under the provisions [EPA–R05–OAR–2015–0407; FRL–9930–80–
discussed above, the vehicle emissions of the Paperwork Reduction Act (44 Region 5]
standards referenced in EPA’s April 17, U.S.C. 3501 et seq.);
2006 memorandum have been fully • Is certified as not having a Air Plan Approval; MI, Belding; 2008
implemented, thus ensuring that all new significant economic impact on a Lead Clean Data Determination
vehicle fleet purchases meet CFV substantial number of small entities
under the Regulatory Flexibility Act (5 AGENCY: Environmental Protection
standards.12
U.S.C. 601 et seq.); Agency (EPA).
9 Memorandum from Leila H. Cook, EPA • Does not contain any unfunded ACTION: Proposed rule.
Transportation & Regional Programs Division, to Air mandate or significantly or uniquely
Program Managers re: Clean Fuel Fleet Program affect small governments, as described SUMMARY: On May 13, 2015, the
Requirements (April 17, 2006). This memorandum in the Unfunded Mandates Reform Act Michigan Department of Environmental
superseded a July 2, 2004, memorandum from Leila
of 1995 (Pub. L. 104–4); Quality (MDEQ) submitted a request to
H. Cook noting that the Tier 2 standards are
equivalent to or cleaner than earlier emission levels • Does not have Federalism the Environmental Protection Agency
mandated by the CFFP. These memoranda are implications as specified in Executive (EPA) to make a determination under
included with the State’s SIP revision in the docket Order 13132 (64 FR 43255, August 10, the Clean Air Act (CAA) that the
for this proposed action. 1999); Belding nonattainment area has attained
• Is not an economically significant
10 ‘‘Control of Air Pollution From Motor Vehicles:
the 2008 lead (Pb) national ambient air
Tier 3 Motor Vehicle Emission and Fuel
Standards.’’ See 79 FR 23414 (April 28, 2014). regulatory action based on health or quality standard (NAAQS). In this
11 See Table 1 of the Georgia’s January 22, 2015, safety risks subject to Executive Order action, EPA is proposing to determine
13045 (62 FR 19885, April 23, 1997); that the Belding nonattainment area
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
SIP revision.
12 In its January 22, 2015, SIP revision, GA EPD
• Is not a significant regulatory action (area) has attained the 2008 Pb NAAQS.
analyzed the annual reports submitted by the fleets subject to Executive Order 13211 (66 FR This clean data determination is based
for the model years 2001–2004 and 2006 to
determine the number of used vehicles purchased 28355, May 22, 2001); upon complete, quality-assured and
and the range of the model years. GA EPD • Is not subject to requirements of certified ambient air monitoring data for
determined that 98 percent of the vehicles Section 12(d) of the National the 2012–2014 design period showing
purchased are new. Only 2 percent of vehicles are Technology Transfer and Advancement that the area has monitored attainment
purchased as used. Out of the used vehicles
purchased, 80 percent are 2004 and newer models.
Act of 1995 (15 U.S.C. 272 note) because of the 2008 Pb NAAQS. Additionally, as
As a result, only 0.4 percent of vehicles purchased application of those requirements would a result of this proposed determination,
are older than the 2004 model year. be inconsistent with the CAA; and EPA is proposing to suspend the
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![44018 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Proposed Rules
requirements for the area to submit an Boulevard, Chicago, Illinois 60604. comments. A detailed rationale for the
attainment demonstration, together with Such deliveries are only accepted action is set forth in the direct final rule.
reasonably available control measures, a during the Regional Office normal hours If no adverse comments are received in
reasonable further progress (RFP) plan, of operation, and special arrangements response to this rule, no further activity
and contingency measures for failure to should be made for deliveries of boxed is contemplated. If EPA receives adverse
meet the RFP plan and attainment information. The Regional Office official comments, the direct final rule will be
deadlines for as long as the area hours of business are Monday through withdrawn and public comments
continues to attain the 2008 Pb NAAQS. Friday, 8:30 a.m. to 4:30 p.m., excluding received will be addressed in a
DATES: Comments must be received on Federal holidays. subsequent final rule based on this
or before August 24, 2015. Please see the direct final rule which proposed rule. EPA will not institute a
ADDRESSES: Submit your comments, is located in the Rules section of this second comment period. Any parties
identified by Docket ID No. EPA–R05– Federal Register for detailed interested in commenting on this action
OAR–2015–0407, by one of the instructions on how to submit should do so at this time. Please note
following methods: comments. that if EPA receives adverse comment
1. www.regulations.gov: Follow the FOR FURTHER INFORMATION CONTACT: on an amendment, paragraph, or section
on-line instructions for submitting Sarah Arra, Environmental Scientist, of this rule and if that provision may be
comments. Attainment Planning and Maintenance severed from the remainder of the rule,
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 408–2279. Section, Air Programs Branch (AR–18J), EPA may adopt as final those provisions
4. Mail: Douglas Aburano, Chief, Environmental Protection Agency, of the rule that are not the subject of an
Attainment Planning and Maintenance Region 5, 77 West Jackson Boulevard, adverse comment. For additional
Section, Air Programs Branch (AR–18J), Chicago, Illinois 60604, (312) 886–9401, information, see the direct final rule
U.S. Environmental Protection Agency, arra.sarah@epa.gov. which is located in the Rules section of
77 West Jackson Boulevard, Chicago, SUPPLEMENTARY INFORMATION: In the this Federal Register.
Illinois 60604. Final Rules section of this Federal Dated: July 14, 2015.
5. Hand Delivery: Douglas Aburano, Register, EPA is making a clean data
Susan Hedman,
Chief, Attainment Planning and determination as a direct final rule
Maintenance Section, Air Programs without prior proposal because the Regional Administrator, Region 5.
Branch (AR–18J), U.S. Environmental Agency views this as a noncontroversial [FR Doc. 2015–18100 Filed 7–23–15; 8:45 am]
Protection Agency, 77 West Jackson submittal and anticipates no adverse BILLING CODE 6560–50–P
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
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Document Created: 2018-02-23 09:25:00
Document Modified: 2018-02-23 09:25:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before August 24, 2015. | |
| 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, [email protected] | |
| FR Citation | 80 FR 44017 |
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