
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Rules and Regulations]
[Pages 51127-51131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20775]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0408; EPA-R05-OAR-2015-0409; FRL-9932-63-Region 5]


Air Plan Approval; IL; MN; Determinations of Attainment of the 
2008 Lead Standard for Chicago and Eagan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is making 
determinations under the Clean Air Act (CAA) that the Chicago, Illinois 
and Eagan, Minnesota nonattainment areas (hereafter also referred to, 
respectively, as the ``Chicago area,'' ``Eagan area,'' or ``areas'') 
have attained the 2008 lead (Pb) national ambient air quality standard 
(NAAQS or standard). These determinations of attainment are based upon 
complete, quality-assured, and certified ambient air monitoring data 
for the 2012-2014 design period showing that the areas have achieved 
attainment of the 2008 Pb NAAQS. Additionally, as a result of these 
determinations, EPA is suspending the requirements for the areas to 
submit attainment demonstrations, and associated reasonably available 
control measures (RACM), reasonable further progress (RFP) plans, 
contingency measures for failure to meet RFP, and attainment deadlines, 
for as long as the areas continue to attain the 2008 Pb NAAQS. This 
action does not constitute a redesignation of the areas to attainment 
of the 2008 Pb NAAQS; the areas remain designated nonattainment until 
such time as EPA determines that the areas meet the CAA requirements 
for redesignation to attainment and takes action to redesignate the 
areas.

DATES: This direct final rule will be effective October 23, 2015, 
unless EPA receives adverse comments by September 23, 2015. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0408 (Chicago area) or EPA-R05-OAR-2015-0409 (Eagan area), by 
one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: 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

[[Page 51128]]

(312) 353-4489 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-4489, 
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 ([mu]g/m\3\) 
based on a maximum arithmetic three-month mean concentration for a 
three-year period. See 40 CFR Section 50.16. This is the ``2008 Pb 
NAAQS.'' On November 22, 2010 (75 FR 71033), EPA published its initial 
air quality designations for the 2008 Pb NAAQS based upon air quality 
monitoring data for calendar years 2007-2009. The Eagan area was 
designated nonattainment for the 2008 Pb NAAQS as part of this initial 
round. On November 22, 2011 (76 FR 72097), EPA published a second and 
final round of designations for the 2008 Pb NAAQS based upon air 
quality monitoring data for calendar years 2008-2010. The Chicago area 
was designated nonattainment for the 2008 Pb NAAQS as part of this 
second round.
    The Illinois Environmental Protection Agency (Illinois EPA) and 
Minnesota Pollution Control Agency (MPCA) have submitted to EPA 
complete, quality-assured, and certified monitoring data covering the 
period from 2012 to 2014. For the reasons set forth in this document, 
EPA finds that the areas have reached attainment of the 2008 Pb NAAQS 
for this time period.

III. Application of EPA's Clean Data Policy to the 2008 Pb NAAQS

    Following enactment of the CAA Amendments of 1990, EPA promulgated 
its interpretation of the requirements for implementing the NAAQS in 
the General Preamble for the Implementation of Title I of the CAA 
Amendments of 1990 (General Preamble) 57 FR 13498, 13564 (April 16, 
1992). In 1995, based on the interpretation of CAA sections 171 and 
172, and section 182 in the General Preamble, EPA set forth what has 
become known as its ``Clean Data Policy'' for the 1-hour ozone NAAQS. 
See Memorandum from John S. Seitz, Director, EPA Office of Air Quality 
Planning and Standards, ``Reasonable Further Progress, Attainment 
Demonstration, and Related Requirements for Ozone Nonattainment Areas 
Meeting the Ozone National Ambient Air Quality Standard'' (May 10, 
1995). In 2004, EPA indicated its intention to extend the Clean Data 
Policy to the fine particulates (PM2.5) NAAQS. See 
Memorandum from Steve Page, Director, EPA Office of Air Quality 
Planning and Standards, ``Clean Data Policy for the Fine Particle 
National Ambient Air Quality Standards'' (December 14, 2004).
    Since 1995, EPA has applied its interpretation under the Clean Data 
Policy in many rulemakings, suspending certain attainment-related 
planning requirements for individual areas, based on a determination of 
attainment. For a full discussion on EPA's application of this policy, 
see section III of the Bristol, Tennessee Determination of Attainment 
for the 2008 Pb Standards (77 FR 35652, 35653, June 14, 2012).

IV. Do the Chicago and Eagan areas meet the 2008 Pb NAAQS?

A. Criteria

    Today's rulemaking assesses whether the Chicago and Eagan areas 
have attained the 2008 Pb NAAQS, based on the most recent three years 
of quality-assured data. The Chicago area is comprised of the portions 
of Cook County that are bounded by Damen Ave. on the west, Roosevelt 
Rd. on the north, the Dan Ryan Expressway on the east, and the 
Stevenson Expressway on the south. These boundaries surround the H. 
Kramer & Co. (H. Kramer) facility, which according to Illinois EPA 
analysis was found to be the source responsible for elevated lead 
levels in the Chicago nonattainment area.\1\ The Eagan area is 
comprised of the portions of Dakota County that are bounded by Lone Oak 
Rd. (County Rd. 26) to the north, County Rd. 63 to the east, Wescott 
Rd. to the south, and Lexington Ave. (County Rd. 43) to the west. These 
boundaries surround the Gopher Resource facility, which according to 
National Emissions Inventory data was found to account for 66.7% of all 
lead emissions in Dakota County.\2\
---------------------------------------------------------------------------

    \1\ See the technical support document ``Region 5 Final Ionia 
County, Chicago, Illinois Lead Technical Support Document (TSD)'' 
[sic] attached to EPA's air quality designations published November 
22, 2011 (76 FR 72097).
    \2\ See the technical support document ``Region 5--Final Eagan, 
Minnesota Technical Support Document For 1st Round of Lead 
Designations'' attached to EPA's air quality designations published 
November 22, 2010 (75 FR 71033).
---------------------------------------------------------------------------

    Under EPA regulations at 40 CFR 50.16, the 2008 primary and 
secondary Pb standards are met when the maximum arithmetic three-month 
mean concentration for a three-year period, as determined in accordance 
with 40 CFR part 50, appendix R, is less than or equal to 0.15 
[micro]g/m\3\ at all relevant monitoring sites in the subject area. EPA 
refers to this maximum rolling three-month average over a three-year 
period as the ``design value.''
    40 CFR part 58, appendix A outlines the quality assurance 
requirements necessary for providing ``sufficient information to assess 
the quality of the monitoring data.'' 40 CFR part 58, appendix D 
provides network design criteria requirements which describe ``specific 
requirements for the number and location of . . . [monitoring] sites 
for specific pollutants. . . .'' Within this appendix, Section 4.5 
states that ``[a]t a minimum, there must be one source-oriented SLAMS 
(State and Local Air Monitoring Station) site located to measure the 
maximum Pb concentration in ambient air resulting from each non-

[[Page 51129]]

airport Pb source which emits 0.50 or more tons per year. . . . ''
    EPA has reviewed the ambient air monitoring data for the Chicago 
and Eagan areas in accordance with the provisions of 40 CFR part 50, 
appendix R, and 40 CFR part 58, appendix A and appendix D. All data 
considered are complete, quality-assured, certified, and recorded in 
EPA's Air Quality System (AQS) database. This review addresses air 
quality data collected in the 2012-2014 period which are the most 
recent quality-assured data available.

B. Chicago Area Air Quality

    The Cook County Department of Environmental Control in conjunction 
with Illinois EPA operates the 17-031-0110 monitoring site, which is a 
Federal reference method (FRM) source-oriented SLAMS monitor in the 
Chicago area. This monitoring site is located at 1241 19th St. in 
Chicago, Illinois.
    In 2013, the United States and the State of Illinois entered into a 
consent decree with H. Kramer. The consent decree required H. Kramer 
to, among other things, replace the existing pollution control 
equipment serving two rotary furnaces at its facility located at 1345 
West 21st St. in Chicago with new pollution control technology before 
September 1, 2013, and to conduct monitoring and stack testing of the 
new equipment. The consent decree also required H. Kramer to reduce 
rotary furnace production of two lead alloys until H. Kramer began 
operation of the new pollution control equipment. H. Kramer has 
installed and is operating the new pollution control equipment. After 
the H. Kramer facility implemented the controls required by the consent 
decree, the Pb values have been well below the standard.
    Table 1 shows the 2012-2014 three-month rolling averages for the 
17-031-0110 monitoring site, in units of [micro]g/m\3\.

----------------------------------------------------------------------------------------------------------------
             Location                 AQS site ID        3-month period        2012         2013         2014
----------------------------------------------------------------------------------------------------------------
1241 19th St., Chicago, IL.......     17-031-0110 #1  Nov-Jan \3\........         0.03         0.04         0.01
                                                      Dec-Feb............         0.02         0.03         0.01
                                                      Jan-Mar............         0.02         0.02         0.02
                                                      Feb-Apr............         0.02         0.02         0.02
                                                      Mar-May............         0.03         0.02         0.02
                                                      Apr-Jun............         0.02         0.02         0.02
                                                      May-July...........         0.02         0.02         0.02
                                                      Jun-Aug............         0.03         0.02         0.02
                                                      July-Sept..........         0.04         0.03         0.02
                                                      Aug-Oct............         0.05         0.03         0.02
                                                      Sept-Nov...........         0.04         0.03         0.04
                                                      Oct-Dec............         0.04         0.02         0.03
----------------------------------------------------------------------------------------------------------------

    The data shown in Table 1 are complete, quality-assured, and 
certified and show 0.05 [micro]g/m\3\ as the highest three-month 
rolling average.\4\
---------------------------------------------------------------------------

    \3\ When calculating a three-month rolling average, the first 
two data points, November through January for 2012 and December 
through February of 2012, would additionally use data from November 
and December of 2011.
    \4\ A co-located monitor with AQS site ID 17-031-0110 #9 has 
been operating since April 2013. Because this monitor has not 
produced three complete years of data, EPA is not considering its 
data in this action. Nevertheless, the co-located monitor has not 
shown any exceedances of the standard.
---------------------------------------------------------------------------

    With the combination of emissions limits, controls for fugitive 
emissions, and implementation of additional testing and monitoring 
requirements, the design value at the monitor is now about a third of 
the standard.
    EPA's review of these data indicates that the Chicago area has 
attained and continues to attain the 2008 Pb NAAQS, with a design value 
of 0.05 [micro]g/m\3\ for the period of 2012-2014.

C. Eagan Area Air Quality

    MPCA operates the 27-037-0465 monitoring site, which is a FRM 
source-oriented SLAMS monitor in the Eagan area. This monitoring site 
is located at 149 & Yankee Doodle Rd. in Eagan, Minnesota. After the 
Gopher Resource facility implemented emissions limits, controlled 
fugitive emissions, and implemented general operating and maintenance 
requirements, the Pb values have been below the standard.
    Table 2 shows the 2012-2014 three-month rolling averages for the 
27-037-0465 monitoring site, in units of [micro]g/m\3\.

----------------------------------------------------------------------------------------------------------------
             Location                 AQS site ID        3-month period        2012         2013         2014
----------------------------------------------------------------------------------------------------------------
149 & Yankee Doodle Rd., Eagan,       27-037-0465 #1  Nov-Jan \5\........         0.07         0.09         0.08
 MN.
                                                      Dec-Feb............         0.09         0.08         0.12
                                                      Jan-Mar............         0.10         0.09         0.11
                                                      Feb-Apr............         0.09         0.08         0.08
                                                      Mar-May............         0.06         0.07         0.04
                                                      Apr-Jun............         0.05         0.05         0.03
                                                      May-July...........         0.08         0.09         0.03
                                                      Jun-Aug............         0.09         0.10         0.03
                                                      July-Sept..........         0.11         0.11         0.04
                                                      Aug-Oct............         0.08         0.07         0.06
                                                      Sept-Nov...........         0.10         0.08         0.08
                                                      Oct-Dec............         0.07         0.09         0.06
----------------------------------------------------------------------------------------------------------------

    Table 3 shows the 2012-2014 three-month rolling averages for the 
co-located 27-037-0465 monitoring site, in units of [micro]g/m\3\.
---------------------------------------------------------------------------

    \5\ The 2012 data set includes data from November and December 
of 2011.

[[Page 51130]]



----------------------------------------------------------------------------------------------------------------
             Location                 AQS site ID        3-month period        2012         2013         2014
----------------------------------------------------------------------------------------------------------------
149 & Yankee Doodle Rd., Eagan,       27-037-0465 #2  Nov-Jan \6\........         0.07         0.09         0.08
 MN.
                                                      Dec-Feb............         0.08         0.08         0.12
                                                      Jan-Mar............         0.10         0.10         0.11
                                                      Feb-Apr............         0.07         0.09         0.08
                                                      Mar-May............         0.05         0.08         0.04
                                                      Apr-Jun............         0.05         0.06         0.03
                                                      May-July...........         0.10         0.12         0.04
                                                      Jun-Aug............         0.11         0.12         0.03
                                                      July-Sept..........         0.13         0.12         0.05
                                                      Aug-Oct............         0.10         0.07         0.07
                                                      Sept-Nov...........         0.11         0.08         0.08
                                                      Oct-Dec............         0.08         0.09         0.06
----------------------------------------------------------------------------------------------------------------

    The data shown in Tables 2 and 3 are complete, quality-assured, and 
certified and show 0.13 [micro]g/m\3\ as the highest three-month 
rolling average.
---------------------------------------------------------------------------

    \6\ The 2012 data set includes data from November and December 
of 2011.
---------------------------------------------------------------------------

    With the combination of emissions limits, controls for fugitive 
emissions, and implementation of general operating and maintenance 
requirements, the design value at the monitor is now about thirteen-
fifteenths of the standard.
    EPA's review of these data indicates that the Eagan area has 
attained and continues to attain the 2008 Pb NAAQS, with a design value 
of 0.13 [micro]g/m\3\ for the period of 2012-2014.

V. What is the effect of this action?

    Based on complete, quality-assured, and certified data for 2012-
2014, EPA is determining that the Chicago and Eagan areas have attained 
the 2008 Pb NAAQS. The requirements for Illinois EPA and MPCA to submit 
attainment demonstrations, and associated RACM, RFP plans, contingency 
measures, and any other planning SIPs related to attainment of the 2008 
Pb NAAQS for the Chicago and Eagan areas, are suspended for as long as 
the areas continue to attain the 2008 Pb NAAQS. This rulemaking is 
consistent and in keeping with EPA's long-held interpretation of CAA 
requirements, as well as with EPA's regulations for similar 
determinations for ozone (see 40 CFR Section 51.918) and 
PM2.5 (see 40 CFR Section 51.1004(c)).
    This action does not constitute a redesignation of the areas to 
attainment of the 2008 Pb NAAQS under section 107(d)(3) of the CAA. 
This action does not involve approving maintenance plans for the areas 
as required under section 175A of the CAA, nor does it find that the 
areas have met all other requirements for redesignation. The Chicago 
and Eagan areas remain designated nonattainment for the 2008 Pb NAAQS 
until such time as EPA determines that the areas meet the CAA 
requirements for redesignation to attainment and takes action to 
redesignate the areas.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective October 23, 
2015 without further notice unless we receive relevant adverse written 
comments by September 23, 2015. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective 
October 23, 2015.

VI. Statutory and Executive Order Reviews.

    This action makes attainment determinations for the Chicago and 
Eagan areas for the 2008 lead NAAQS based on air quality data and 
results in the suspension of certain Federal requirements and does not 
impose any additional requirements. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the attainment determinations are not approved to 
apply on any Indian reservation land or in any other area where EPA or 
an Indian tribe has demonstrated that a tribe has jurisdiction. In 
those areas of Indian country, the rule does not have tribal 
implications and will not impose substantial direct costs on tribal 
governments or preempt tribal law as specified by Executive Order 13175 
(65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small

[[Page 51131]]

Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 23, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Reporting and 
recordkeeping requirements.

    Dated: August 10, 2015.
Susan Hedman,
Regional Administrator, Region 5.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. Add Sec.  52.746 to subpart O to read as follows:


Sec.  52.746  Control strategy: Lead (Pb).

    (a) Based upon EPA's review of the air quality data for the 3-year 
period 2012 to 2014, EPA determined that the Chicago, Illinois lead 
nonattainment area attained the 2008 Lead National Ambient Air Quality 
Standard (NAAQS). This clean data determination suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, a reasonable further 
progress plan, contingency measures, and other planning SIPs related to 
attainment of the standard for as long as this area continues to meet 
the 2008 lead NAAQS.
    (b) [Reserved]

0
3. Add Sec.  52.1238 to subpart Y to read as follows:


Sec.  52.1238  Control strategy: Lead (Pb).

    (a) Based upon EPA's review of the air quality data for the 3-year 
period 2012 to 2014, EPA determined that the Eagan, Minnesota lead 
nonattainment area attained the 2008 Lead National Ambient Air Quality 
Standard (NAAQS). This clean data determination suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, a reasonable further 
progress plan, contingency measures, and other planning SIPs related to 
attainment of the standard for as long as this area continues to meet 
the 2008 lead NAAQS.
    (b) [Reserved]

[FR Doc. 2015-20775 Filed 8-21-15; 8:45 am]
 BILLING CODE 6560-50-P


