[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29964-29968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12500]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0192; FRL-9927-96-Region-5]


Approval of Air Quality Implementation Plans; Ohio: Cleveland and 
Delta; Determination of Attainment for the 2008 Lead Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On February 20, 2015, the Ohio Environmental Protection Agency 
(Ohio EPA) submitted a request to the Environmental Protections Agency 
(EPA) to make a determination under the Clean Air Act (CAA) that the 
Cleveland and Delta nonattainment areas have attained the 2008 lead 
(Pb) national ambient air quality standard (NAAQS or standard). In this 
action, EPA is determining that the Cleveland and Delta nonattainment 
areas (hereafter also referred to as the ``Cleveland area'', ``Delta 
area'' or ``areas'') have attained the 2008 Pb NAAQS. 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 monitored attainment of the 2008 Pb 
NAAQS. Additionally, as a result of this determination, EPA is 
suspending the requirements for the areas to submit attainment 
demonstrations, together with 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.

DATES: This direct final rule will be effective July 27, 2015, unless 
EPA receives adverse comments by June 25, 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-2015-0192, 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-
2015-0192. 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, [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 Cleveland and Delta 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 Cleveland area and 
Delta 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 monitored 
attainment of the 2008 Pb NAAQS.
    Further, with this determination of attainment, the requirements 
for the Cleveland and Delta areas to submit attainment demonstrations 
together with 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 Cleveland area or the Delta area violates the 2008 Pb 
NAAQS after this action, the basis for the suspension of these 
attainment planning

[[Page 29965]]

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 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 from those monitors for calendar years 2007-2009. These 
designations became effective on December 31, 2010.\1\ The Cleveland 
and Delta areas were designated nonattainment for the 2008 Pb NAAQS. 
See 40 CFR 81.343.
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    \1\ EPA completed a second and final round of designations for 
the 2008 Lead NAAQS on November 22, 2011. See 76 FR 72097. No 
additional areas in Ohio were designated as nonattainment for the 
2008 Lead NAAQS.
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    On February 20, 2015, the Ohio EPA submitted a request to EPA to 
make a determination that the Cleveland and Delta areas have 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 notice, EPA finds the request approvable.

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).
    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 35653).

IV. Do the Cleveland and Delta areas meet the 2008 Pb NAAQS?

A. Criteria

    Today's rulemaking assesses whether the Cleveland and Delta areas 
have attained the 2008 Pb NAAQS, based on the most recent three years 
of quality-assured data. The Cleveland area, which surrounds the Ferro 
Corporation facility, is comprised of the portions of Cuyahoga County 
that are bounded on the west by Washington Park Blvd./Crete Ave./East 
49th St., on the east by East 71st St., on the north by Fleet Ave., and 
on the south by Grant Ave. The Delta area, which surrounds the Bunting 
Bearings facility, is comprised of the portions of Fulton County that 
are bounded by sections 12 and 13 of York Township and sections 7 and 
18 of Swan Creek Township.
    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 has reviewed the ambient air monitoring data for the Cleveland 
and Delta areas in accordance with the provisions of 40 CFR part 50, 
appendix R. 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. Cleveland Area Air Quality

    The 39-035-0049 monitoring site is a Federal reference method (FRM) 
source-oriented monitor which meets the quality assurance requirements 
of 40 CFR 58, appendix A. After the Ferro facility completed repairs, 
installed additional back-up control devices, and implemented a 
preventative maintenance plan by 2012, the Pb values have been well 
below the standard.
    Table 1 shows the 2012-2014 three-month rolling averages for the 
Cleveland area.
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    \2\ 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.

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           Location               AQS site ID     3-month period       2012            2013            2014
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Ferro--E. 56th St., Cleveland  39-035-0049 #1..  Nov-Jan \2\....            0.02            0.01            0.01
                                                 Dec-Feb........            0.01            0.01            0.01
                                                 Jan-Mar........            0.02            0.01            0.01
                                                 Feb-Apr........            0.02            0.01            0.01
                                                 Mar-May........            0.03            0.02            0.01
                                                 Apr-Jun........            0.03            0.02            0.01
                                                 May-July.......            0.03            0.02            0.01
                                                 Jun-Aug........            0.02            0.02            0.02
                                                 July-Sept......            0.02            0.02            0.01
                                                 Aug-Oct........            0.02            0.01            0.01
                                                 Sept-Nov.......            0.01            0.01            0.01
                                                 Oct-Dec........            0.01            0.01            0.01
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[[Page 29966]]

    Table 2 shows the 2012-2014 three-month rolling averages for the 
co-located monitor in the Cleveland area.

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           Location               AQS site ID     3-month period       2012            2013            2014
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Ferro--E. 56th St., Cleveland  39-035-0049 #2..  Nov-Jan \3\....            0.02            0.01            0.01
                                                 Dec-Feb........            0.01            0.01            0.01
                                                 Jan-Mar........            0.02            0.01            0.01
                                                 Feb-Apr........            0.03            0.01            0.01
                                                 Mar-May........            0.03            0.02            0.01
                                                 Apr-Jun........            0.03            0.03            0.01
                                                 May-July.......            0.03            0.02            0.01
                                                 Jun-Aug........            0.02            0.02            0.02
                                                 July-Sept......            0.02            0.02            0.01
                                                 Aug-Oct........            0.01            0.01            0.01
                                                 Sept-Nov.......            0.01            0.01            0.01
                                                 Oct-Dec........            0.01            0.01            0.01
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    The data shown in Tables 1 and 2 are complete, quality-assured, and 
certified and show 0.03 [micro]g/m\3\ as the highest three-month 
rolling average.
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    \3\ The 2012 data set includes data from November and December 
of 2011.
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    The Ferro Corporation facility's National Emissions Inventory (NEI) 
emissions in 2011 were 0.0046 tons per year (tpy). With the combination 
of completed repairs, installation of additional back-up control 
devices, and implementation of a preventative maintenance plan at the 
facility, the design value at the monitor is now about a fifth of the 
standard.
    EPA's review of these data indicates that the Cleveland area has 
attained and continues to attain the 2008 Pb NAAQS, with a design value 
of 0.03 [micro]g/m\3\ for the period of 2012-2014.

 C. Delta Area Air Quality

    The 39-051-0001 monitoring site is a FRM source-oriented monitor 
which meets the quality assurance requirements of 40 CFR 58, appendix 
A. After the Bunting Bearings facility began compliance with Federally 
enforceable lead emissions limits and implemented a preventative 
maintenance plan by 2012, the Pb values have been well below the 
standard.
    Table 3 shows the 2012-2014 three-month rolling averages for the 
Delta area.

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           Location               AQS site ID     3-month period       2012            2013            2014
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Bunting Bearings Facility--    39-051-0001 #1..  Nov-Jan \4\....            0.07            0.04            0.05
 200 Van Buren St., Delta.                       Dec-Feb........            0.05            0.05            0.04
                                                 Jan-Mar........            0.06            0.04            0.05
                                                 Feb-Apr........            0.07            0.03            0.04
                                                 Mar-May........            0.08            0.03            0.03
                                                 Apr-Jun........            0.08            0.04            0.03
                                                 May-July.......            0.08            0.04            0.03
                                                 Jun-Aug........            0.06            0.04            0.04
                                                 July-Sept......            0.08            0.03            0.03
                                                 Aug-Oct........            0.06            0.05            0.04
                                                 Sept-Nov.......            0.06            0.06            0.09
                                                 Oct-Dec........            0.02            0.06            0.08
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    Table 4 shows the 2012-2014 three-month rolling averages for the 
co-located monitor in the Delta area.
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    \4\ The 2012 data set includes data from November and December 
of 2011.
    \5\ The 2012 data set includes data from November and December 
of 2011.

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           Location               AQS site ID     3-month period       2012            2013            2014
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Bunting Bearings Facility--    39-051-0001 #2..  Nov-Jan \5\....            0.07            0.03            0.05
 200 Van Buren St., Delta.                       Dec-Feb........            0.04            0.03            0.02
                                                 Jan-Mar........            0.06            0.03            0.03
                                                 Feb-Apr........            0.08            0.02            0.03
                                                 Mar-May........            0.08            0.03            0.03
                                                 Apr-Jun........            0.08            0.03            0.03
                                                 May-July.......            0.07            0.04            0.03
                                                 Jun-Aug........            0.05            0.04            0.04
                                                 July-Sept......            0.08            0.04            0.03
                                                 Aug-Oct........            0.06            0.06            0.04
                                                 Sept-Nov.......            0.06            0.06            0.08
                                                 Oct-Dec........            0.02            0.06            0.07
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[[Page 29967]]

    The data shown in Tables 3 and 4 are complete, quality-assured, and 
certified and show 0.09 [micro]g/m\3\ as the highest three-month 
rolling average.
    The Bunting Bearings facility's NEI emissions in 2011 were 0.0035 
tpy. With the combination of compliance with Federally enforceable lead 
emissions limits and implementation of a preventative maintenance plan, 
the design value at the monitor is now about three-fifths of the 
standard.
    EPA's review of these data indicates that the Delta area has 
attained and continues to attain the 2008 Pb NAAQS, with a design value 
of 0.09 [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 Cleveland and Delta areas have 
attained the 2008 Pb NAAQS. The requirements for the Ohio EPA 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 Cleveland and Delta areas are suspended for as long as 
the areas continue to attain the 2008 Pb NAAQS. 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 Cleveland 
and Delta 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 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 July 27, 2015 
without further notice unless we receive relevant adverse written 
comments by June 25, 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 July 
27, 2015.

VI. Statutory and Executive Order Reviews

    This action makes attainment determinations for the Cleveland and 
Delta 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 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 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 July 27, 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

[[Page 29968]]

reference, Intergovernmental relations, Lead, Reporting and 
recordkeeping requirements.

    Dated: May 13, 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. Section 52.1892 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.1892  Determination of attainment.

* * * * *
    (f) Based upon EPA's review of the air quality data for the three-
year period 2012 to 2014, EPA determined that the Cleveland and Delta, 
OH lead nonattainment areas have attained the 2008 Lead National 
Ambient Air Quality Standard (NAAQS). This clean data determination 
suspends the requirements for these areas 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.

[FR Doc. 2015-12500 Filed 5-22-15; 8:45 am]
 BILLING CODE 6560-50-P