Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations 51127 

§ 165.T01–0731 Security Zone; Martha’s 

Vineyard, Massachusetts. 

(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. 

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 

[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 


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51128 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations 

1See 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). 

2See 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). 

(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 (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 

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). 

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 nonVerDate Sep<11>2014 12:27 Aug 21, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM 24AUR1

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Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations 51129 

3When 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. 

4A 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. 

5The 2012 data set includes data from November 

and December of 2011. 

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 threemonth rolling averages for the 17–031– 

0110 monitoring site, in units of mg/m3. 

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 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. 

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 

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 threemonth rolling averages for the 27–037– 

0465 monitoring site, in units of mg/m3. 

Location AQS site ID 3-month period 2012 2013 2014 

149 & Yankee Doodle Rd., Eagan, MN 27–037–0465 #1 Nov–Jan 5 ............................................ 0.07 0.09 0.08 

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 threemonth rolling averages for the colocated 27–037–0465 monitoring site, in 

units of mg/m3. 


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6The 2012 data set includes data from November 

and December of 2011. 

Location AQS site ID 3-month period 2012 2013 2014 

149 & Yankee Doodle Rd., Eagan, MN 27–037–0465 #2 Nov–Jan 6 ............................................ 0.07 0.09 0.08 

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 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 

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 


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Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations 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 

■ 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: 

§ 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] 

■ 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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: 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 

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 


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