43956 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

establishment of a safety zone and, 

therefore, it is categorically excluded 

from further review under paragraph 

34(g) of Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T09–0659 to read as 

follows: 

§ 165.T09–0659 Safety Zone; Cleveland 

Triathlon, Lake Erie, North Coast Harbor, 

Cleveland, OH. 

(a) Location. This zone will 

encompass all waters of Lake Erie, 

North Coast Harbor, Cleveland, OH 

within the vicinity of position 

41°30′29.66′′ N. and 081°41′46.33′′ W. 

(NAD 83) extending in a straight line 

approximately .4 miles NNW out of the 

transient marina into the East Basin. 

(b) Enforcement period. This 

regulation will be enforced on July 26, 

2015 from 5:45 a.m. until 10:15 a.m. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: July 14, 2015. 

B.W. Roche, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2015–18206 Filed 7–23–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0407; FRL–9930–81– 

Region 5] 

Air Plan Approval; MI, Belding; 2008 

Lead Clean Data Determination 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: On May 13, 2015, the 

Michigan Department of Environmental 

Quality (MDEQ) submitted a request to 

the Environmental Protection Agency 

(EPA) to make a determination under 

the Clean Air Act (CAA) that the 

Belding, MI nonattainment area has 

attained the 2008 lead (Pb) national 


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ambient air quality standard (NAAQS or 

standard). In this action, EPA is 

determining that the Belding, MI 

nonattainment area (hereafter also 

referred to as the ‘‘Belding area’’ or 

‘‘area’’) has attained the 2008 Pb 

NAAQS. This clean data determination 

is based upon complete, quality-assured 

and certified ambient air monitoring 

data for the 2012–2014 period showing 

that the area has monitored attainment 

of the 2008 Pb NAAQS. Additionally, as 

a result of this determination, EPA is 

suspending the requirements for the 

area to submit an attainment 

demonstration, together with reasonably 

available control measures (RACM), a 

reasonable further progress (RFP) plan, 

contingency measures for failure to meet 

the RFP plan, and the attainment 

deadline for as long as the area 

continues to attain the 2008 Pb NAAQS. 

DATES: This direct final rule will be 

effective September 22, 2015, unless 

EPA receives adverse comments by 

August 24, 2015. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2015–0407, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2015– 

0407. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Sarah 

Arra, Environmental Scientist, at (312) 

886–9401 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Arra, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–9401, 

arra.sarah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What action is EPA taking? 

II. What is the background for this action? 

III. Application of EPA’s Clean Data Policy to 

the 2008 Pb NAAQS 

IV. Does the Belding area meet the 2008 Pb 

NAAQS? 

V. What is the effect of this action? 

VI. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is taking final action to 

determine that the Belding area has 

attained the 2008 Pb NAAQS. This is 

based upon complete, quality-assured 

and certified ambient air monitoring 

data for the 2012–2014 monitoring 

period showing that the area has 

monitored attainment of the 2008 Pb 

NAAQS. 

Further, with this clean data 

determination, the requirements for the 

Belding area to submit an attainment 

demonstration together with RACM, a 

RFP plan, and contingency measures for 

failure to meet the RFP plan and 

attainment deadlines are suspended for 

as long as the area continues to attain 

the 2008 Pb NAAQS. As discussed 

below, this action is consistent with 

EPA’s regulations and with its 

longstanding interpretation of subpart 1 

of part D of the CAA. 

If the Belding area violates the 2008 

Pb NAAQS after this action, the basis 

for the suspension of these attainment 

planning requirements would no longer 

exist for that area, and the area would 

thereafter have to address applicable 

requirements. 

II. What is the background for this 

action? 

On November 12, 2008 (73 FR 66964), 

EPA established a 2008 primary and 

secondary Pb NAAQS at 0.15 

micrograms per cubic meter (mg/m3) 

based on a maximum arithmetic threemonth mean concentration for a threeyear period. See 40 CFR 50.16. This is 

the ‘‘2008 Pb NAAQS.’’ On November 

22, 2010 (75 FR 71033), EPA published 

its initial air quality designations for the 

2008 Pb NAAQS based upon air quality 

monitoring data for calendar years 

2007–2009. On November 22, 2011 (76 

FR 72097), EPA published a second and 

final round of designations for the 2008 

Pb NAAQS based upon air quality 

monitoring data for calendar years 

2008–2010. As part of the second round, 

the Belding area was designated 

nonattainment for the 2008 Pb NAAQS. 

On May 13, 2015, MDEQ submitted a 

request to EPA to make a determination 

that the Belding area has attained the 

2008 Pb NAAQS based on complete, 

quality-assured, quality-controlled 

monitoring data from 2012 through 

2014. For the reasons set forth in this 

document, EPA finds the request 

approvable. 


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1The specific area is bounded by the following 

coordinates: Southeast corner by latitude 

43.0956705 N and longitude 85.2130771 W; 

southwest corner (intersection of S. Broas St. and 

W. Washington St.) by latitude 43.0960358 N and 

longitude 85.2324027 W; northeast corner by 

latitude 43.1074942 N and longitude 85.2132313 W; 

western boundary 1 (intersection of W. Ellis St. and 

the vertical extension of S. Broas St.) by latitude 

43.1033277 N and longitude 85.2322553 W; western 

boundary 2 (intersection of W. Ellis St. and N. 

Bridge St.) by latitude 43.1033911 N and longitude 

85.2278464 W; western boundary 3 (intersection of 

N. Bridge St. and Earle St.) by latitude 43.1074479 

N and longitude 85.2279722 W. 

2 During a routine audit, the monitor at site 26– 

067–0002 was discovered to be 0.13 meters below 

the recommended height. However, EPA 

determined that this would have minimal effect on 

the data and, if any, would incorrectly measure 

concentrations as too high, rather than too low. 

Therefore, the data were determined valid. The 

problem was fixed on October 9, 2014 (see Belding 

Reed Memorandum in the docket). 

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. 

III. Application of EPA’s Clean Data 

Policy to the 2008 Pb NAAQS 

Following enactment of the CAA 

Amendments of 1990, EPA promulgated 

its interpretation of the requirements for 

implementing the NAAQS in the 

General Preamble for the 

Implementation of Title I of the CAA 

Amendments of 1990 (General 

Preamble) 57 FR 13498, 13564 (April 16, 

1992). In 1995, based on the 

interpretation of CAA sections 171 and 

172, and section 182 in the General 

Preamble, EPA set forth what has 

become known as its ‘‘Clean Data 

Policy’’ for the 1-hour ozone NAAQS. 

See Memorandum from John S. Seitz, 

Director, Office of Air Quality Planning 

and Standards, ‘‘RFP, Attainment 

Demonstration, and Related 

Requirements for Ozone Nonattainment 

areas Meeting the Ozone National 

Ambient Air Quality Standard’’ (May 

10, 1995). In 2004, EPA indicated its 

intention to extend the Clean Data 

Policy to the fine particulates (PM2.5) 

NAAQS. See Memorandum from Steve 

Page, Director, EPA Office of Air Quality 

Planning and Standards, ‘‘Clean Data 

Policy for the Fine Particle National 

Ambient Air Quality Standards’’ 

(December 14, 2004). This policy was 

extended to Pb in 2012 (see 77 FR 

35653). 

Since 1995, EPA has applied its 

interpretation under the Clean Data 

Policy in many rulemakings, 

suspending certain attainment-related 

planning requirements for individual 

areas, based on a clean data 

determination. For a full discussion on 

EPA’s application of this policy, see 

section III of the Bristol, Tennessee 

Determination of Attaining Data for the 

2008 Pb Standards (77 FR 35653). 

IV. Does the Belding area meet the 2008 

Pb NAAQS? 

A. Criteria 

This rulemaking assesses whether the 

Belding area has attained the 2008 Pb 

NAAQS, based on the most recent three 

years of quality-assured data. The 

Belding area is comprised of a partial 

county area in Ionia County 1 and 

surrounds the Mueller Industries 

facility. 

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 has reviewed the ambient air 

monitoring data for the Belding area in 

accordance with the provisions of 40 

CFR part 50, appendix R. All data 

considered are complete, qualityassured, certified, and recorded in 

EPA’s Air Quality System database. This 

review addresses air quality data 

collected in the 2012–2014 period 

which are the most recent qualityassured data available. 

B. Belding Area Air Quality 

The Belding area has two monitoring 

sites that are Federal reference method 

source-oriented monitors which meet 

the quality assurance requirements of 40 

CFR 58, appendix A.2 After the Mueller 

Industries facility: Restricted Pb 

emissions on its chip driers and 

induction furnaces, implemented a 

preventative maintenance plan, 

properly operated controls, increased 

stack height of the chip driers, and 

increased monitoring, testing, and 

record keeping, as required through 

state rules by October of 2013, the 

monitored Pb values were well below 

the standard. 

Table 1 shows the 2012–2014 threemonth rolling averages for Belding Area 

monitor 26–067–0002 in mg/m3. 

Location 3-month period 2012 2013 2014 

545 Reed St .................................................... Nov–Jan 3 ....................................................... 0.03 0.02 0.02 

Dec–Feb ......................................................... 0.04 0.01 0.02 

Jan–Mar ......................................................... 0.05 0.01 0.02 

Feb–Apr .......................................................... 0.04 0.01 0.01 

Mar–May ........................................................ 0.04 0.03 0.02 

Apr–Jun .......................................................... 0.04 0.03 0.02 

May–July ........................................................ 0.04 0.04 0.02 

Jun–Aug ......................................................... 0.04 0.05 0.01 

July–Sept ........................................................ 0.05 0.05 0.04 

Aug–Oct ......................................................... 0.04 0.06 0.04 

Sept–Nov ........................................................ 0.03 0.04 0.04 

Oct–Dec ......................................................... 0.02 0.04 0.02 

Table 2 shows the 2012–2014 threemonth rolling averages for Belding Area 

monitor 26–067–0003 in mg/m3. 

Location 3-month period 2012 2013 2014 

509 Merrick St ................................................. Nov–Jan 4 ....................................................... 0.02 0.02 0.05 

Dec–Feb ......................................................... 0.02 0.03 0.03 

Jan–Mar ......................................................... 0.03 0.03 0.02 

Feb–Apr .......................................................... 0.04 0.03 0.04 


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4The 2012 data set includes data from November 

and December of 2011. 

Location 3-month period 2012 2013 2014 

Mar–May ........................................................ 0.05 0.03 0.04 

Apr–Jun .......................................................... 0.06 0.03 0.04 

May–July ........................................................ 0.05 0.04 0.03 

Jun–Aug ......................................................... 0.05 0.04 0.03 

July–Sept ........................................................ 0.04 0.04 0.03 

Aug–Oct ......................................................... 0.03 0.03 0.03 

Sept–Nov ........................................................ 0.02 0.04 0.03 

Oct–Dec ......................................................... 0.02 0.05 0.04 

The data shown in Tables 1 and 2 are 

complete, quality-assured, and certified 

and show 0.06 mg/m3 as the highest 

three-month rolling average. 

The Mueller Industries facility’s 

National Emissions Inventory emissions 

in 2011 were 0.70 tons per year. With 

the combination of restricted Pb 

emissions, preventative maintenance 

plan, properly operating controls, 

increased stacks, and increased 

monitoring, testing, and recordkeeping 

at the facility, the area is now 

monitoring less than half of the 

standard. 

EPA’s review of these data indicates 

that the Belding area has attained and 

continues to attain the 2008 Pb NAAQS, 

with a design value of 0.06 mg/m3 for the 

period of 2012–2014. 

V. What is the effect of this action? 

Based on complete, quality-assured 

and certified data for 2012–2014, EPA is 

determining that the Belding area has 

attained the 2008 Pb NAAQS. The 

requirements for MDEQ to submit an 

attainment demonstration and 

associated RACM, a RFP plan, 

contingency measures, and any other 

planning State Implementation Plans 

related to attainment of the 2008 Pb 

NAAQS for the Belding area is 

suspended for as long as the area 

continues to attain the 2008 Pb NAAQS. 

This EPA rulemaking is consistent and 

in keeping with its long-held 

interpretation of CAA requirements, as 

well as with EPA’s regulations for 

similar determinations for ozone (see 40 

CFR 51.918) and PM2.5 (see 40 CFR 

51.1004(c)). 

This action does not constitute a 

redesignation of the area to attainment 

of the 2008 Pb NAAQS under section 

107(d)(3) of the CAA. This action does 

not involve approving a maintenance 

plan for the area as required under 

section 175A of the CAA, nor does it 

find that the area has met all other 

requirements for redesignation. The 

Belding area remains designated 

nonattainment for the 2008 Pb NAAQS 

until such time as EPA determines that 

the area meets the CAA requirements for 

redesignation to attainment and takes 

action to redesignate the area. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective September 22, 2015 without 

further notice unless we receive relevant 

adverse written comments by August 

24, 2015. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. Public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

September 22, 2015. 

VI. Statutory and Executive Order 

Reviews 

This action makes a clean data 

determination for the Belding area for 

the 2008 Pb NAAQS based on air 

quality data and results in the 

suspension of certain Federal 

requirements and does not impose any 

additional requirements. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the clean data 

determination is not approved to apply 

on any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 


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of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 22, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Reporting and recordkeeping 

requirements. 

Dated: July 14, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Add § 52.1188 to read as follows: 

§ 52.1188 Control strategy: Lead (Pb). 

(a) Based upon EPA’s review of the air 

quality data for the three-year period 

2012 to 2014, EPA determined that the 

Belding, MI Pb nonattainment area has 

attained the 2008 Pb National Ambient 

Air Quality Standard (NAAQS). This 

clean data determination suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard as long as this area 

continues to meet the 2008 Pb NAAQS. 

(b) [Reserved] 

[FR Doc. 2015–18103 Filed 7–23–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2014–0842; A–1–FRL– 

9927–32–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Connecticut; Prevention of Significant 

Deterioration and Nonattainment New 

Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to fully approve revisions to the 

State of Connecticut’s State 

Implementation Plan (SIP) relating to 

regulation of fine particulate matter 

(PM2.5) emissions within the context of 

EPA’s Prevention of Significant 

Deterioration (PSD) regulations. EPA is 

also approving clarifications to the 

applicability section of Connecticut’s 

Nonattainment New Source Review 

(NNSR) regulations. These revisions 

will be part of Connecticut’s major 

stationary source preconstruction 

permitting programs, and are intended 

to align Connecticut’s regulations with 

the federal PSD and NNSR regulations. 

This action is being taken in accordance 

with the Clean Air Act (CAA). 

DATES: This direct final rule will be 

effective September 22, 2015, unless 

EPA receives adverse comments by 

August 24, 2015. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2014–0842 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: dahl.donald@epa.gov 

3. Fax: (617) 918–0657. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2014–0842’’, 

Donald Dahl, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Permits, Toxics, and 

Indoor Programs Unit, 5 Post Office 

Square—Suite 100, (Mail code OEP05– 

2), Boston, MA 02109–3912. 

5. Hand Delivery or Courier: Deliver 

your comments to: Donald Dahl, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Permits, 

Toxics, and Indoor Programs Unit, 5 

Post Office Square—Suite 100 (Mail 

code OEP05–2), Boston, MA 02109– 

3912. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2014– 

0842. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov, or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information 

may not publicly available, e.g., CBI or 

other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 


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