80 FR 51127 - Air Plan Approval; IL; MN; Determinations of Attainment of the 2008 Lead Standard for Chicago and Eagan
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 163 (August 24, 2015)
Federal Register Volume 80, Issue 163 (August 24, 2015)
| Page Range | 51127-51131 | |
| FR Document | 2015-20775 |
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)] [Rules and Regulations] [Pages 51127-51131] From the Federal Register Online [www.thefederalregister.org] [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: [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. 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, [email protected]. 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
![Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations 51127
§ 165.T01–0731 Security Zone; Martha’s ACTION: Direct final rule. of operation, and special arrangements
Vineyard, Massachusetts. should be made for deliveries of boxed
(a) Location. The following areas are SUMMARY: The Environmental Protection information. The Regional Office official
security zones: All navigable waters, Agency (EPA) is making determinations hours of business are Monday through
from surface to bottom, within 1000 under the Clean Air Act (CAA) that the Friday, 8:30 a.m. to 4:30 p.m., excluding
yards of U.S. Secret Service security Chicago, Illinois and Eagan, Minnesota Federal holidays.
operations in the navigable waters of the nonattainment areas (hereafter also
Instructions: Direct your comments to
U.S. in the coastal areas of Martha’s referred to, respectively, as the ‘‘Chicago
Docket ID No. EPA–R05–OAR–2015–
Vineyard, Massachusetts. area,’’ ‘‘Eagan area,’’ or ‘‘areas’’) have
0408 (Chicago area) or EPA–R05–OAR–
(b) Notification. Coast Guard Sector attained the 2008 lead (Pb) national
2015–0409 (Eagan area). EPA’s policy is
Southeastern New England will give ambient air quality standard (NAAQS or
standard). These determinations of that all comments received will be
actual notice to mariners for the purpose included in the public docket without
of enforcement of these temporary attainment are based upon complete,
quality-assured, and certified ambient change and may be made available
security zones. online at www.regulations.gov,
(c) Effective and Enforcement Period. air monitoring data for the 2012–2014
design period showing that the areas including any personal information
This section will be enforced from 8:00
have achieved attainment of the 2008 Pb provided, unless the comment includes
a.m. on Friday, August 7, 2015 until
NAAQS. Additionally, as a result of information claimed to be Confidential
5:00 p.m. on Monday, August 24, 2015.
(d) Regulations. (1) The general these determinations, EPA is Business Information (CBI) or other
regulations contained in 33 CFR 165.33 suspending the requirements for the information whose disclosure is
apply. areas to submit attainment restricted by statute. Do not submit
(2) In accordance with the general demonstrations, and associated information that you consider to be CBI
regulations in § 165.33 of this part, entry reasonably available control measures or otherwise protected through
into or movement within these zones is (RACM), reasonable further progress www.regulations.gov or email. The
prohibited unless authorized by the (RFP) plans, contingency measures for www.regulations.gov Web site is an
Captain of the Port or his designated failure to meet RFP, and attainment ‘‘anonymous access’’ system, which
representatives. deadlines, for as long as the areas means EPA will not know your identity
(3) The ‘‘designated representative’’ is continue to attain the 2008 Pb NAAQS. or contact information unless you
any Coast Guard commissioned, This action does not constitute a provide it in the body of your comment.
warrant, or petty officer who has been redesignation of the areas to attainment If you send an email comment directly
designated by the Captain of the Port to of the 2008 Pb NAAQS; the areas remain to EPA without going through
act on his behalf. The on-scene designated nonattainment until such www.regulations.gov your email address
representative may be on a Coast Guard time as EPA determines that the areas will be automatically captured and
vessel, or onboard a federal, state, or meet the CAA requirements for included as part of the comment that is
local agency vessel that is authorized to redesignation to attainment and takes placed in the public docket and made
act in support of the Coast Guard. action to redesignate the areas. available on the Internet. If you submit
(4) Upon being hailed by a U.S. Coast DATES: This direct final rule will be
an electronic comment, EPA
Guard vessel or his designated effective October 23, 2015, unless EPA recommends that you include your
representative, by siren, radio, flashing receives adverse comments by name and other contact information in
light or other means, the operator of the September 23, 2015. If adverse the body of your comment and with any
vessel shall proceed as directed. comments are received, EPA will disk or CD–ROM you submit. If EPA
(5) Vessel operators desiring to enter publish a timely withdrawal of the cannot read your comment due to
or operate within these security zones direct final rule in the Federal Register technical difficulties and cannot contact
shall contact the Captain of the Port or informing the public that the rule will you for clarification, EPA may not be
his designated representative via VHF not take effect. able to consider your comment.
channel 16 to obtain permission to do Electronic files should avoid the use of
ADDRESSES: Submit your comments,
so. special characters, any form of
identified by Docket ID No. EPA–R05–
Dated: August 4, 2015. encryption, and be free of any defects or
OAR–2015–0408 (Chicago area) or EPA–
viruses.
J.T. Kondratowicz, R05–OAR–2015–0409 (Eagan area), by
one of the following methods: Docket: All documents in the docket
Captain, U.S. Coast Guard, Captain of the
Port, Southeastern New England. 1. www.regulations.gov: Follow the are listed in the www.regulations.gov
on-line instructions for submitting index. Although listed in the index,
[FR Doc. 2015–20865 Filed 8–21–15; 8:45 am]
comments. some information is not publicly
BILLING CODE 9110–04–P
2. Email: aburano.douglas@epa.gov. available, e.g., CBI or other information
3. Fax: (312) 408–2279. whose disclosure is restricted by statute.
4. Mail: Douglas Aburano, Chief, Certain other material, such as
ENVIRONMENTAL PROTECTION copyrighted material, will be publicly
Attainment Planning and Maintenance
AGENCY available only in hard copy. Publicly
Section, Air Programs Branch (AR–18J),
40 CFR Part 52 U.S. Environmental Protection Agency, available docket materials are available
77 West Jackson Boulevard, Chicago, either electronically in
[EPA–R05–OAR–2015–0408; EPA–R05– Illinois 60604. www.regulations.gov or in hard copy at
OAR–2015–0409; FRL–9932–63–Region 5] 5. Hand Delivery: Douglas Aburano, the Environmental Protection Agency,
Chief, Attainment Planning and Region 5, Air and Radiation Division, 77
rmajette on DSK2VPTVN1PROD with RULES
Air Plan Approval; IL; MN;
Maintenance Section, Air Programs West Jackson Boulevard, Chicago,
Determinations of Attainment of the
Branch (AR–18J), U.S. Environmental Illinois 60604. This facility is open from
2008 Lead Standard for Chicago and
Protection Agency, 77 West Jackson 8:30 a.m. to 4:30 p.m., Monday through
Eagan
Boulevard, Chicago, Illinois 60604. Friday, excluding Federal holidays. We
AGENCY: Environmental Protection Such deliveries are only accepted recommend that you telephone Eric
Agency (EPA). during the Regional Office normal hours Svingen, Environmental Engineer, at
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![51128 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations
(312) 353–4489 before visiting the based upon air quality monitoring data IV. Do the Chicago and Eagan areas
Region 5 office. for calendar years 2007–2009. The meet the 2008 Pb NAAQS?
FOR FURTHER INFORMATION CONTACT: Eric Eagan area was designated
A. Criteria
Svingen, Environmental Engineer, nonattainment for the 2008 Pb NAAQS
Attainment Planning and Maintenance as part of this initial round. On Today’s rulemaking assesses whether
Section, Air Programs Branch (AR–18J), November 22, 2011 (76 FR 72097), EPA the Chicago and Eagan areas have
Environmental Protection Agency, published a second and final round of attained the 2008 Pb NAAQS, based on
Region 5, 77 West Jackson Boulevard, designations for the 2008 Pb NAAQS the most recent three years of quality-
Chicago, Illinois 60604, (312) 353–4489, based upon air quality monitoring data assured data. The Chicago area is
svingen.eric@epa.gov. for calendar years 2008–2010. The comprised of the portions of Cook
SUPPLEMENTARY INFORMATION: Chicago area was designated County that are bounded by Damen Ave.
Throughout this document whenever nonattainment for the 2008 Pb NAAQS on the west, Roosevelt Rd. on the north,
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean as part of this second round. the Dan Ryan Expressway on the east,
EPA. This SUPPLEMENTARY INFORMATION The Illinois Environmental Protection and the Stevenson Expressway on the
Agency (Illinois EPA) and Minnesota south. These boundaries surround the
section is arranged as follows:
Pollution Control Agency (MPCA) have H. Kramer & Co. (H. Kramer) facility,
I. What action is EPA taking? submitted to EPA complete, quality- which according to Illinois EPA analysis
II. What is the background for this action? assured, and certified monitoring data
III. Application of EPA’s Clean Data Policy to was found to be the source responsible
the 2008 Pb NAAQS
covering the period from 2012 to 2014. for elevated lead levels in the Chicago
IV. Do the Chicago and Eagan areas meet the For the reasons set forth in this nonattainment area.1 The Eagan area is
2008 Pb NAAQS? document, EPA finds that the areas have comprised of the portions of Dakota
V. What is the effect of this action? reached attainment of the 2008 Pb County that are bounded by Lone Oak
VI. Statutory and Executive Order Reviews NAAQS for this time period. Rd. (County Rd. 26) to the north, County
I. What action is EPA taking? III. Application of EPA’s Clean Data Rd. 63 to the east, Wescott Rd. to the
Policy to the 2008 Pb NAAQS south, and Lexington Ave. (County Rd.
EPA is taking final action to 43) to the west. These boundaries
determine that the Chicago area and Following enactment of the CAA surround the Gopher Resource facility,
Eagan area have attained the 2008 Pb Amendments of 1990, EPA promulgated which according to National Emissions
NAAQS. This is based upon complete, its interpretation of the requirements for Inventory data was found to account for
quality-assured, and certified ambient implementing the NAAQS in the 66.7% of all lead emissions in Dakota
air monitoring data for the 2012–2014 General Preamble for the County.2
monitoring period showing that the Implementation of Title I of the CAA
Under EPA regulations at 40 CFR
areas have achieved attainment of the Amendments of 1990 (General
50.16, the 2008 primary and secondary
2008 Pb NAAQS. Preamble) 57 FR 13498, 13564 (April 16,
Pb standards are met when the
Further, with these determinations of 1992). In 1995, based on the
maximum arithmetic three-month mean
attainment, the requirements for the interpretation of CAA sections 171 and
concentration for a three-year period, as
areas to submit attainment 172, and section 182 in the General
determined in accordance with 40 CFR
demonstrations, and associated RACM, Preamble, EPA set forth what has
part 50, appendix R, is less than or
RFP plans, and contingency measures become known as its ‘‘Clean Data
equal to 0.15 mg/m3 at all relevant
for failure to meet RFP and attainment Policy’’ for the 1-hour ozone NAAQS.
monitoring sites in the subject area. EPA
deadlines, are suspended for as long as See Memorandum from John S. Seitz,
Director, EPA Office of Air Quality refers to this maximum rolling three-
the area continues to attain the 2008 Pb month average over a three-year period
NAAQS. As discussed below, this Planning and Standards, ‘‘Reasonable
Further Progress, Attainment as the ‘‘design value.’’
action is consistent with EPA’s 40 CFR part 58, appendix A outlines
regulations and with its longstanding Demonstration, and Related
Requirements for Ozone Nonattainment the quality assurance requirements
interpretation of subpart 1 of part D of necessary for providing ‘‘sufficient
the CAA. Areas Meeting the Ozone National
Ambient Air Quality Standard’’ (May information to assess the quality of the
If either the Chicago area or the Eagan
10, 1995). In 2004, EPA indicated its monitoring data.’’ 40 CFR part 58,
area violates the 2008 Pb NAAQS after
intention to extend the Clean Data appendix D provides network design
this action, the basis for the suspension
Policy to the fine particulates (PM2.5) criteria requirements which describe
of these attainment planning
NAAQS. See Memorandum from Steve ‘‘specific requirements for the number
requirements would no longer exist for
Page, Director, EPA Office of Air Quality and location of . . . [monitoring] sites
that area, and the area would thereafter
Planning and Standards, ‘‘Clean Data for specific pollutants. . . .’’ Within this
have to address applicable
Policy for the Fine Particle National appendix, Section 4.5 states that ‘‘[a]t a
requirements.
Ambient Air Quality Standards’’ minimum, there must be one source-
II. What is the background for this (December 14, 2004). oriented SLAMS (State and Local Air
action? Since 1995, EPA has applied its Monitoring Station) site located to
On November 12, 2008 (73 FR 66964), interpretation under the Clean Data measure the maximum Pb concentration
EPA established a 2008 primary and Policy in many rulemakings, in ambient air resulting from each non-
secondary Pb NAAQS at 0.15 suspending certain attainment-related
1 See the technical support document ‘‘Region 5
micrograms per cubic meter (mg/m3) planning requirements for individual
Final Ionia County, Chicago, Illinois Lead Technical
based on a maximum arithmetic three- areas, based on a determination of
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Support Document (TSD)’’ [sic] attached to EPA’s
month mean concentration for a three- attainment. For a full discussion on air quality designations published November 22,
year period. See 40 CFR Section 50.16. EPA’s application of this policy, see 2011 (76 FR 72097).
2 See the technical support document ‘‘Region 5—
This is the ‘‘2008 Pb NAAQS.’’ On section III of the Bristol, Tennessee
Final Eagan, Minnesota Technical Support
November 22, 2010 (75 FR 71033), EPA Determination of Attainment for the Document For 1st Round of Lead Designations’’
published its initial air quality 2008 Pb Standards (77 FR 35652, 35653, attached to EPA’s air quality designations published
designations for the 2008 Pb NAAQS June 14, 2012). November 22, 2010 (75 FR 71033).
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![Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations 51131
Business Regulatory Enforcement § 52.746 Control strategy: Lead (Pb). electric generating units (EGUs) in the
Fairness Act of 1996, generally provides (a) Based upon EPA’s review of the air state for the 2016 control periods and
that before a rule may take effect, the quality data for the 3-year period 2012 replaces certain allowance allocations
agency promulgating the rule must to 2014, EPA determined that the for the 2016 control periods established
submit a rule report, which includes a Chicago, Illinois lead nonattainment by EPA under the Cross-State Air
copy of the rule, to each House of the area attained the 2008 Lead National Pollution Rule (CSAPR). The CSAPR
Congress and to the Comptroller General Ambient Air Quality Standard addresses the ‘‘good neighbor’’
of the United States. EPA will submit a (NAAQS). This clean data provision of the Clean Air Act (CAA or
report containing this action and other determination suspends the Act) that requires states to reduce the
required information to the U.S. Senate, requirements for this area to submit an transport of pollution that significantly
the U.S. House of Representatives, and attainment demonstration, associated affects downwind air quality. In this
the Comptroller General of the United reasonably available control measures, a final action EPA is approving Missouri’s
States prior to publication of the rule in reasonable further progress plan, SIP revision, incorporating the state-
the Federal Register. A major rule contingency measures, and other determined allocations for the 2016
cannot take effect until 60 days after it planning SIPs related to attainment of control periods into the SIP, and
is published in the Federal Register. the standard for as long as this area amending the regulatory text of the
This action is not a ‘‘major rule’’ as continues to meet the 2008 lead CSAPR Federal Implementation Plan
defined by 5 U.S.C. 804(2). NAAQS. (FIP) to reflect this approval and
Under section 307(b)(1) of the CAA, (b) [Reserved] inclusion of the state-determined
petitions for judicial review of this ■ 3. Add § 52.1238 to subpart Y to read allocations. EPA is taking direct final
action must be filed in the United States as follows: action to approve Missouri’s SIP
Court of Appeals for the appropriate revision because it meets the
§ 52.1238 Control strategy: Lead (Pb). requirements of the CAA and the
circuit by October 23, 2015. Filing a
petition for reconsideration by the (a) Based upon EPA’s review of the air CSAPR requirements to replace EPA’s
Administrator of this final rule does not quality data for the 3-year period 2012 allowance allocations for the 2016
affect the finality of this action for the to 2014, EPA determined that the Eagan, control periods. This action is being
purposes of judicial review nor does it Minnesota lead nonattainment area taken pursuant to the CAA and its
extend the time within which a petition attained the 2008 Lead National implementing regulations. EPA’s
for judicial review may be filed, and Ambient Air Quality Standard allocations of CSAPR trading program
shall not postpone the effectiveness of (NAAQS). This clean data allowances for Missouri for control
such rule or action. Parties with determination suspends the periods in 2017 and beyond remain in
objections to this direct final rule are requirements for this area to submit an place until the State submits and EPA
encouraged to file a comment in attainment demonstration, associated approves state-determined allocations
response to the parallel notice of reasonably available control measures, a for those control periods through
proposed rulemaking for this action reasonable further progress plan, another SIP revision. The CSAPR FIPs
published in the proposed rules section contingency measures, and other for Missouri remain in place until such
of today’s Federal Register, rather than planning SIPs related to attainment of time as the State decides to replace the
file an immediate petition for judicial the standard for as long as this area FIPs with a SIP revision.
review of this direct final rule, so that continues to meet the 2008 lead DATES: This direct final rule will be
EPA can withdraw this direct final rule NAAQS. effective October 5, 2015, without
(b) [Reserved] further notice, unless EPA receives
and address the comment in the
proposed rulemaking. This action may [FR Doc. 2015–20775 Filed 8–21–15; 8:45 am] adverse comment by September 23,
not be challenged later in proceedings to BILLING CODE 6560–50–P 2015. If EPA receives adverse comment,
enforce its requirements. (See section we will publish a timely withdrawal of
307(b)(2).) the direct final rule in the Federal
ENVIRONMENTAL PROTECTION Register informing the public that the
List of Subjects in 40 CFR Part 52 AGENCY rule will not take effect.
Environmental protection, Air ADDRESSES: Submit your comments,
40 CFR Part 52
pollution control, Incorporation by identified by Docket ID No. EPA–R07–
reference, Intergovernmental relations, [EPA–R07–OAR–2015–0556; FRL–9932–95– OAR–2015–0556, by one of the
Region 7] following methods:
Lead, Reporting and recordkeeping
requirements. 1. www.regulations.gov. Follow the
Approval and Promulgation of Air on-line instructions for submitting
Dated: August 10, 2015. Quality Implementation Plans; State of comments.
Susan Hedman, Missouri; Cross-State Air Pollution 2. Email: Kemp.lachala@epa.gov
Regional Administrator, Region 5. Rule 3. Mail or Hand Delivery: Lachala
40 CFR part 52 is amended as follows: AGENCY: Environmental Protection Kemp, Environmental Protection
Agency (EPA). Agency, Air Planning and Development
PART 52—APPROVAL AND ACTION: Direct final rule. Branch, 11201 Renner Boulevard,
PROMULGATION OF Lenexa, Kansas 66219.
IMPLEMENTATION PLANS SUMMARY: The Environmental Protection Instructions: Direct your comments to
Agency (EPA) is taking direct final Docket ID No. EPA–R07–OAR–2015–
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■ 1. The authority citation for part 52 action to approve revisions to the State 0556. EPA may publish any comment
continues to read as follows: Implementation Plan (SIP) submitted by received to its public docket. Do not
Authority: 42 U.S.C. 7401 et seq. the State of Missouri in a letter dated submit electronically any information
March 30, 2015. This SIP revision you consider to be Confidential
■ 2. Add § 52.746 to subpart O to read provides Missouri’s state-determined Business Information (CBI) or other
as follows: allowance allocations for existing information whose disclosure is
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Document Created: 2015-12-15 10:54:42
Document Modified: 2015-12-15 10:54:42
| 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 | Rules and Regulations | |
| Action | Direct final rule. | |
| 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. | |
| 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, [email protected] | |
| FR Citation | 80 FR 51127 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead and Reporting and Recordkeeping Requirements |
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