[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Rules and Regulations]
[Pages 43956-43960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18103]


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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.

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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

[[Page 43957]]

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: [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-
2015-0407. 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, [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. 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 ([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 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.

[[Page 43958]]

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.
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    \1\ The 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.
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    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 Belding 
area 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 database. This review addresses 
air quality data collected in the 2012-2014 period which are the most 
recent quality-assured 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.
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    \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).
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    Table 1 shows the 2012-2014 three-month rolling averages for 
Belding Area monitor 26-067-0002 in [micro]g/m\3\.

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               Location                      3-month period            2012            2013            2014
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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
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    Table 2 shows the 2012-2014 three-month rolling averages for 
Belding Area monitor 26-067-0003 in [micro]g/m\3\.
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    \3\ When calculating a three-month rolling average, the first 
two data points, November through January for 2012 and December 
through February of 2012, would additionally use data from November 
and December of 2011.

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               Location                      3-month period            2012            2013            2014
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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

[[Page 43959]]

 
                                        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
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    The data shown in Tables 1 and 2 are complete, quality-assured, and 
certified and show 0.06 [micro]g/m\3\ as the highest three-month 
rolling average.
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    \4\ The 2012 data set includes data from November and December 
of 2011.
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    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 [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 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

[[Page 43960]]

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

0
1. The authority citation for part 52 continues to read as follows:

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

0
2. Add Sec.  52.1188 to read as follows:


Sec.  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