[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Notices]
[Pages 27685-27687]
[FR Doc No: 2019-12493]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0006]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt nine individuals from
the vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial motor vehicle (CMV) in interstate
commerce. They are unable to meet the vision requirement in one eye for
various reasons. The exemptions enable these individuals to operate
CMVs in interstate commerce without meeting the vision requirement in
one eye.

DATES: The exemptions were applicable on April 30, 2019. The exemptions
expire on April 30, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2019-0006, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    On March 28, 2019, FMCSA published a notice announcing receipt of
applications from nine individuals requesting an exemption from vision
requirement in 49 CFR 391.41(b)(10) and requested comments from the
public (84 FR 11859). The public comment period ended on April 29,
2019, and three comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by complying with the current regulation 49 CFR
391.41(b)(10).
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.

III. Discussion of Comments

    FMCSA received three comments in this proceeding. JT Sale submitted
a comment regarding the DOT Hours of Service (HOS) and Electronic
Logging Device (ELD) rules, which are outside the scope of this notice.
In addition, Maura Miller submitted two comments regarding the DOT HOS
and ELD rules, which are outside the scope of this notice.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for up to five years from the vision standard in 49 CFR 391.41(b)(10)
if the exemption is likely to achieve an equivalent or greater level of
safety than would be achieved without the exemption. The exemption
allows applicants to operate CMVs in interstate commerce. FMCSA grants
exemptions from the FMCSRs for a two-year period to align with the
maximum duration of a driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on medical reports about the applicants' vision, as well as their
driving records and experience driving with the vision deficiency. The
qualifications, experience, and medical condition of each applicant
were stated and discussed in detail in the March 28, 2019, Federal
Register notice (84 FR 11859) and will not be repeated in this notice.
    FMCSA recognizes that some drivers do not meet the vision
requirement but have adapted their driving to accommodate their
limitation and demonstrated their ability to drive safely. The nine
exemption applicants listed in this notice are in this category. They
are unable to meet the vision requirement in one eye for various
reasons, including amblyopia, complete loss of vision, enucleation,
macular scar, optic neuropathy, and retinal detachment. In most cases,
their eye conditions were not recently developed. Five of the
applicants were either born with their vision impairments or have had
them since childhood. The four individuals that sustained their vision
conditions as adults have had it for a range of 4 to 25 years. Although
each applicant has one eye that does not meet the vision requirement in
49 CFR 391.41(b)(10), each has at least 20/40 corrected vision in the
other eye, and, in a doctor's opinion, has sufficient vision to perform
all the tasks necessary to operate a CMV.
    Doctors' opinions are supported by the applicants' possession of a
valid license to operate a CMV. By meeting State licensing
requirements, the applicants demonstrated their ability to operate a
CMV with their limited vision in intrastate commerce, even though their
vision disqualified them from driving in interstate commerce. We
believe that the applicants' intrastate driving experience and history
provide an adequate basis for predicting their ability to drive safely
in interstate commerce. Intrastate driving, like interstate operations,
involves substantial driving on highways on the interstate system and
on other roads built to interstate standards. Moreover, driving in
congested urban areas exposes the driver to more pedestrian and
vehicular traffic than exists on interstate highways. Faster reaction
to traffic and traffic signals is generally required because distances
between them are more compact. These conditions tax visual capacity and
driver response just as intensely as interstate driving conditions.
    The applicants in this notice have driven CMVs with their limited
vision in careers ranging for 3 to 65 years. In the past three years,
one driver was involved in a crash, and two drivers were convicted of
moving violations in CMVs. All the applicants achieved a record of
safety while driving with their vision impairment that demonstrates the
likelihood that they have adapted their driving skills to accommodate
their condition. As the applicants' ample driving histories with their
vision deficiencies are good predictors of future performance, FMCSA
concludes their ability to drive safely can be projected into the
future.
    Consequently, FMCSA finds that in each case exempting these
applicants from the vision requirement in 49 CFR 391.41(b)(10) is
likely to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must be physically examined every year (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10) and
(b) by a certified Medical Examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) each driver
must provide a copy of the ophthalmologist's or optometrist's report to
the Medical Examiner at the time of the annual medical examination; and
(3) each driver must provide a copy of the annual medical certification
to the employer for retention in the driver's qualification file, or
keep a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the exemption when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the nine exemption applications, FMCSA
exempts the following drivers from the vision requirement, 49 CFR
391.41(b)(10), subject to the requirements cited above:

Clay A. Applegarth (CO),
Anthony J. Cesternino (VA),
Steven S. Criss (FL),
Terrence H. Flick II (IL),
Ismael Gonzalez (NJ),
Philip E. Henderson (MO),
Brian S. Metheny (PA),
Roger L. Ridder (KS),
Cody R. Zeigler (PA).

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two years from the effective date unless revoked
earlier by FMCSA. The exemption will be revoked if the following
occurs: (1) The person fails to comply with the terms and conditions of
the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained prior to being granted; or (3) continuation
of the exemption would not be consistent with the goals and objectives
of 49 U.S.C. 31136 and 31315.

    Issued on: June 7, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-12493 Filed 6-12-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Rules and Regulations]
[Pages 10352-10357]
[FR Doc No: 2015-03588]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0611; FRL-9923-24-Region 6]

Approval and Promulgation of Implementation Plans; Texas;
Revision to Control of Air Pollution From Volatile Organic Compounds;
Alternative Leak Detection and Repair Work Practice

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a Texas State Implementation Plan (SIP)
revision for control of volatile organic compound (VOC) emissions from
fugitive sources that was submitted to EPA on July 2, 2010. The SIP
revision allows for a voluntary alternative work practice to detect
fugitive emission leaks using optical gas imaging instruments under the
EPA federal Leak Detection and Repair (LDAR) requirements. The EPA is
approving this SIP revision pursuant to section 110 of the Clean Air
Act (CAA) and consistent with EPA's guidance and regulations.

DATES: This rule is effective on April 27, 2015 without further notice,
unless EPA receives relevant adverse comment by March 30, 2015. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2010-0611, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions.
     Email: Jennifer Huser at<EMAIL_ADDRESS>     Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2010-0611. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means that 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 http://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 along with any disk or CD-ROM
submitted. 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 and any form of encryption and should be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Jennifer Huser,<PHONE_NUMBER>,
<EMAIL_ADDRESS>To inspect the hard copy materials, please
schedule an appointment with Ms. Huser or Mr. Bill Deese at (214) 665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. EPA's Evaluation
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

A. CAA and SIPs

    Section 110 of the CAA requires states to develop and submit to EPA
a SIP to ensure that state air quality meets National Ambient Air
Quality Standards (NAAQS). These NAAQS standards currently address six
criteria pollutants: carbon monoxide, nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide. Each federally-approved SIP
protects air quality primarily by addressing air pollution at its point
of origin through air pollution regulations and control strategies.
EPA-approved SIPs, including control strategies are federally
enforceable. As needed, States revise the SIP and submit revisions to
EPA for approval.

B. SIP Revision Submitted on July 2, 2010

    On July 2, 2010, the Texas Commission on Environmental Quality
(TCEQ) submitted revisions to the Texas SIP LDAR rules to allow a
voluntary alternative work practice to detect fugitive emission leaks
using optical gas imaging. The submitted SIP revisions amended Texas
Administrative Code (TAC) at 30 TAC Chapters 115.322-115.326, 115.352-
115.357, 115.781, 115.782, and 115.768-788, and added new 30 TAC
Chapter 115.358 and 30 TAC Chapter 115.784, Control of Air Pollution
from Volatile Organic Compounds. The federal and state LDAR program is
a fundamental aspect of air pollution control by reducing emissions
from leaking piping components and instrumentation.
    Section 172(c)(1) and 182 of the CAA require ozone nonattainment
areas that are classified as moderate and above for ozone nonattainment
to adopt Reasonably Available Control Technology (RACT) requirement for
sources that are subject to Control Technique Guidelines (CTGs) issued
by EPA and for ``major sources'' of VOCs and nitrogen oxides
(NOX). Major sources are defined as the following for each
affected nonattainment area: In areas classified as moderate, those
sources that the potential to emit at least 100 tons per year (tpy) of
VOCs or NOX; for areas classified as serious, those that
have the potential to emit 50 tpy of VOCs or NOX; and in
areas classified as severe, those sources that have the potential to
emit at least 25 tons per year of VOCs or NOX. See Section
182(c) of the CAA. The Dallas-Fort Worth (DFW) ozone nonattainment area
for the 1997 8-hour ozone standard consists of Collin, Dallas, Denton,
Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant Counties. The DFW
area was reclassified as serious ozone nonattainment for the 1997 8-
hour ozone standard (75 FR 79302, December 20, 2010). The Houston-
Galveston-Brazoria (HGB) ozone nonattainment area for the 1997 8-hour
ozone standard consists of Brazoria, Chambers, Fort Bend, Galveston,
Harris, Liberty, Montgomery and Waller counties. The HGB area was
classified as a severe ozone nonattainment area for the 1997 8-hour
ozone NAAQS (73 FR 56983, October 1, 2008). The Beaumont Port Arthur
(BPA) area of the 1997 8-hour ozone standard consists of Hardin,
Jefferson, and Orange Counties.
    The fugitive emission LDAR rules in 30 TAC Chapter 115 (denoted as
30 TAC 115), referenced above, fall under two general categories, and
are incorporated into the SIP: 1) 30 TAC 115, Subchapter D, Divisions 2
and 3 cover general VOC fugitive emission LDAR rules and were adopted
to satisfy reasonably available control technology (RACT) requirements
of the CAA (see 73 FR 10383, March 28, 2008 for Division 2 and 73 FR
40972, September 15, 2008 for Division 3); and 2) the highly-reactive
volatile organic compounds (HRVOC) fugitive emission LDAR rules, in 30
TAC 115, Subchapter H, Division 3 were adopted as part of the HGB
attainment demonstration for the one-hour ozone NAAQS (see 71 FR 52655,
December 6, 2006). The revision incorporates the voluntary alternative
work practice for both categories consistent with the alternative work
practice adopted by the EPA on December 22, 2008 (73 FR 78199). For the
first category, Subchapter D, Division 2 applies to petroleum
refineries in Gregg, Nueces, and Victoria counties and 30 TAC Chapter
115, Subchapter D, Division 3 applies to the following facility types
in the BPA, DFW, El Paso, and HGB areas as defined in 30 TAC 115.10:
petroleum refineries; synthetic organic chemical, polymer, resin, or
methyl-tert-butyl ether manufacturing processes; or natural gas/
gasoline processing operations. For the second category, 30 TAC 115,
Subchapter H, Division 3 applies to the following facility types in the
HGB area as defined in 30 TAC 115.10 that have HRVOC as raw material,
intermediate, final product, or in a waste stream: petroleum
refineries; synthetic organic chemical, polymer, resin, or methyl-tert-
butyl ether manufacturing processes; or natural gas/gasoline processing
operations.
    The SIP revision submitted by Texas is provided in the docket for
this rulemaking.

C. What criteria must be met for EPA to approve this SIP revision?

    The primary CAA requirements pertaining to the SIP revision
submitted by Texas are found in CAA sections 110(l) and 182(b)(2). CAA
section 110(l) requires that a SIP revision submitted to EPA be adopted
after reasonable notice and public hearing. Section 110(l) also
requires that we not approve a SIP revision if the revision would
interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement of the
CAA. CAA section 182(b)(2) requires that ozone nonattainment areas
classified as moderate or above implement RACT controls on all major
VOC and NOX emission sources and on all sources and source
categories covered by a control technique guideline (CTG) issued by
EPA. RACT is defined as the lowest emissions limitation that a
particular source is capable of meeting by the application of control
technology that is reasonably available considering technological and
economic feasibility (44 FR 53762, September 17, 1979). The CTG and
Alternative Control Technique (ACT) documents that we issue provide
states with guidance concerning what types of controls could constitute
RACT for a given source category. The documents we have issued
pertaining to fugitive emissions from equipment leaks are (1) Control
of Volatile Organic Compound Leaks from Petroleum Refinery Equipment
(EPA-450/2-78-036, June 1978), (2) Control of Volatile Organic Compound
Equipment Leaks from Natural Gas/Gasoline Processing Plants (EPA-450/3-
83-007, December 1983), and (3) Control of Volatile Organic Compound
Leaks from Synthetic Organic Chemical and Polymer Manufacturing
Equipment EPA-450/3-83-006, March 1984). These documents are accessible
online at www.epa.gov/airquality/ozonepollution/SIPToolkit/ctgs.html.
Because the DFW area was classified as a serious ozone nonattainment
area for the 1997 8-hour ozone standard, a major source is a source
having the potential to emit 50 tpy of VOC or more (CAA Sec.  182(c)).
Because the HGB area is classified as a severe ozone nonattainment area
for the 1-hour ozone standard, a major source is a source having the
potential to emit 25 tpy of VOC or more (CAA Sec.  182(d)).

II. EPA's Evaluation

    The alternative work practice is a voluntary alternative to
hydrocarbon analyzers required by EPA Method 21 (See the technical
support document (TSD) for more detail) \1\ to detect volatile organic
compound leaks from equipment such as valves, pumps, connectors,
compressors, pressure relief valves, etc. While EPA demonstrated that
the use of optical gas imaging in the alternative work practice is
equivalent to using a hydrocarbon analyzer in EPA Method 21, the
optical gas imaging technology available today is generally not capable
of measuring concentration and has a higher detection limit than the
hydrocarbon analyzers. Therefore, the methods are not interchangeable
and therefore the alternative work practice cannot simply be included
as an alternate method. The fundamental premise behind EPA's rule in
allowing the alternative work practice is that more frequent monitoring
with the optical gas imaging device will detect larger leaks sooner
resulting in a more expedient repair of the leaks. While smaller leaks
may not be detected using the optical gas imaging device, the overall
control level under the optical gas imaging alternative work practice
is considered equivalent, or in some cases superior to, the traditional
LDAR work practice using Method 21. This makes the alternative work
practice more similar to an alternate means of control rather than an
alternative test method. EPA's rationale in approving the alternate
work practice is further discussed in the December 22, 2008 Federal
Register (73 FR 78199). While EPA adopted the use of the alternative
work practice for numerous federal LDAR rules, many facilities will not
be able to make use of the alternative work practice until the fugitive
emission LDAR rules are revised in the Texas SIP. Additionally, the
proposed SIP revision does not change the New Source Review (NSR)
permit requirements, and therefore sources choosing to implement the
alternative work practice will need to change the facility's permit
LDAR requirements through the SIP-approved NSR permit amendment
process.
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    \1\ The TSD is in the docket for this rulemaking.
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    In its adopted rule, TCEQ made several substantive changes that
were not required by the federal alternative work practice in 40 CFR
part 60.18. These additional requirements were added by TCEQ to ensure
that personnel using optical gas imaging instruments have adequate
training and to address quality assurance and enforcement concerns with
the federal alternative work practice in 40 CFR part 60.18. These
changes include:
     Each person operating an optical gas imaging instrument
for the purposes of the alternative work practice will be required to
conduct the daily instrument check. [30 TAC 115.358(c)(2)]
     Owners or operators electing to use the alternative work
practice will be required to submit notification to the appropriate
TCEQ regional office at least 30 days prior to implementation. [30 TAC
115.358(g)]
     Operator training will be required for personnel
performing the alternative work practice. [30 TAC 115.358(h)]
     A specific subset of components (e.g., blind flanges, heat
exchanger heads, sight glasses, etc.) subject to 30 TAC 115.781(b)(3)
may be sampled at alternate frequencies for the annual Method 21 test
required under the alternative work practice if the components are not
subject to a federal LDAR Method 21 requirement under 40 CFR parts 60,
61, 63, or 65 [30 TAC 115.781(h)(6)].
    TCEQ also added provisions to the federal alternative work practice
specifically to ensure there would be no backsliding for the HRVOC
fugitive emission LDAR rules in 30 TAC 115, Subchapter H, Division 3.
Those changes include:
     For leaks greater than 10,000 part per million by volume
(ppmv), rapid repair times are required under 30 TAC 115.782(b) and
extraordinary efforts must be undertaken within a shorter time period
to qualify for delay of repair under 30 TAC 115.782(c). The rulemaking
will require any leak detected using the alternative work practice to
meet the more stringent repair time limits of 30 TAC 115.782(b) and (c)
unless a Method 21 test is done to demonstrate that the leak is 10,000
ppmv or less.
     The rule will retain the third-party audit requirements of
30 TAC 115.788; however, an alternative audit procedure will be
required if the company is using the alternative work practice.
     Consistent with EPA guidance, Protocol for Equipment Leak
Emission Estimates, EPA-453/R-95-017, November 1995, 30 TAC 115.782(c)
requires companies to use EPA correlation equations for calculating
emissions. For leaks detected using the alternative work practice, a
company will be required to use the 100,000 ppmv pegged emission rates
from the same section of the EPA guidance document currently referenced
in the rule at 30 TAC 115.782(c)(1)(i)(II).
    The SIP revision is approvable as it is consistent with the EPA
federal LDAR rule that provides an alternative to required monitoring
for fugitive components to ensure facilities identify and repair
leaking equipment in a timely and effective manner to reduce fugitive
air emissions. In addition the SIP revision improves upon the SIP-
approved rules in that it provides for this voluntary alternative
method for the detection of fugitive emissions from leaking components,
as detailed in our TSD. Approval of this SIP revision would not
interfere with any applicable requirement concerning attainment and
reasonable further progress or any other applicable requirement of the
CAA. Lastly, EPA's review indicates that the Texas AWP provisions are
as stringent as or more stringent than the federal AWP and provide no
relaxation of the state's rules for leak detection and repair.

III. Final Action

    We are taking direct final action to approve revisions to the Texas
SIP that pertain to the control of air pollution from VOCs alternative
LDAR work practice, adopted by the TCEQ on June 2, 2010, and submitted
to the EPA on July 2, 2010. EPA is approving these revisions in
accordance with sections 110, 173 and 182 of the CAA and consistent
with EPA's guidance and regulations.
    EPA is publishing this rule without prior proposal because we view
this as a non-controversial 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 SIP revision if relevant adverse
comments are received. This rule will be effective on April 27, 2015
without further notice unless we receive relevant adverse comment by
March 30, 2015. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
relevant adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, we may adopt as final those provisions of the rule that are not
the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. 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 SIP 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 as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
    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 rule 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 April 27, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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.
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, Alternative work
practice, Incorporation by reference, Leak detection and repair,
Optical gas imaging, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: February 9, 2015.
Ron Curry,
Regional Administrator, Region 6.
    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.

Subpart SS--Texas

0
2. In Sec.  52.2270 (c), the table titled ``EPA Approved Regulations in
the Texas SIP'' is amended by:
0
a. Revising the entries for sections 115.322 through 115.326, 115.352
through 115.357, 115.781, 115.782, and 115.786 through 115.788; and
0
b. Adding in sequential order entries for sections 115.358 and 115.784.
    The revisions and additions read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                             State
                                                           approval/
          State citation               Title/subject       submittal     EPA approval date       Explanation
                                                              date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                  Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
              Subchapter D--Petroleum Refining, Natural Gas Processing, and Petrochemical Processes
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
      Division 2: Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties
----------------------------------------------------------------------------------------------------------------
Section 115.322..................  Control Requirements.     6/2/2010  2/26/2015 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 115.323..................  Alternate Control         6/2/2010  2/26/2015 [Insert     ...................
                                    Requirements.                       Federal Register
                                                                        citation].
Section 115.324..................  Inspection                6/2/2010  2/26/2015 [Insert     ...................
                                    Requirements.                       Federal Register
                                                                        citation].
Section 115.325..................  Testing Requirements.     6/2/2010  2/26/2015 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 115.326..................  Recordkeeping             6/2/2010  2/26/2015 [Insert     ...................
                                    Requirements.                       Federal Register
                                                                        citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 Division 3: Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical
                                     Processes in Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 115.352..................  Control Requirements.     6/2/2010  2/26/2015 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 115.353..................  Alternate Control         6/2/2010  2/26/2015 [Insert     ...................
                                    Requirements.                       Federal Register
                                                                        citation].
Section 115.354..................  Monitoring and            6/2/2010  2/26/2015 [Insert     ...................
                                    Inspection                          Federal Register
                                    Requirements.                       citation].
Section 115.355..................  Approved Test Methods     6/2/2010  2/26/2015 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 115.356..................  Recordkeeping             6/2/2010  2/26/2015 [Insert     ...................
                                    Requirements.                       Federal Register
                                                                        citation].
Section 115. 357.................  Exemptions...........     6/2/2010  2/26/2015 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 115.358..................  Alternative Work          6/2/2010  2/26/2015 [Insert     ...................
                                    Practice.                           Federal Register
                                                                        citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            Subchapter H--Highly-Reactive Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Division 3: Fugitive Emissions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 115.781..................  General Monitoring        6/2/2010  2/26/2015 [Insert     ...................
                                    and Inspection                      Federal Register
                                    Requirements.                       citation].
Section 115.782..................  Procedures and            6/2/2010  2/26/2015 [Insert     ...................
                                    Schedule for Leak                   Federal Register
                                    Repair and Follow-up.               citation].

                                                  * * * * * * *
Section 115.784..................  Alternate Control         6/2/2010  2/26/2015 [Insert     ...................
                                    Requirements.                       Federal Register
                                                                        citation].
Section 115.786..................  Recordkeeping             6/2/2010  2/26/2015 [Insert     ...................
                                    Requirements.                       Federal Register
                                                                        citation].
Section 115.787..................  Exemptions...........     6/2/2010  2/26/2015 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 115.788..................  Audit Provisions.....     6/2/2010  2/26/2015 [Insert     ...................
                                                                        Federal Register
                                                                        citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-03588 Filed 2-25-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Notices]
[Page 36070]
[DOCID:fr25jn08-69]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 11291-023-IN]

Star Mill, Inc.; Notice of Availability of Environmental
Assessment

June 17, 2008.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's regulations, 18 CFR Part
380 (Order No. 486, 52 FR 47879), the Office of Energy Projects has
reviewed the proposed termination of license by implied surrender for
the Star Milling and Electric Minor Water Power Project, located on the
Fawn River in La Grange County, Indiana, and has prepared an
Environmental Assessment (EA).
    A copy of the EA is on file with the Commission and is available
for public inspection. The EA may also be viewed on the Commission's
Web site at http://www.ferc.gov using the ``eLibrary'' link. Enter the
docket number (P-11291) excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC
Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-
3372, or for TTY,<PHONE_NUMBER>.
    Any comments should be filed by July 17, 2008, and should be
addressed to the Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Room 1-A, Washington, DC 20426. Please reference the
project name and project number (P-11291) on all comments. Comments may
be filed electronically via Internet in lieu of paper. The Commission
strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii)
and the instructions on the Commission's Web site under the ``eFiling''
link. For further information, contact Jon Cofrancesco at (202) 502-
8951.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-14285 Filed 6-24-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59677-59678]
[FR Doc No: 2011-24758]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Effectiveness of Exempt Wholesale Generator Status

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

------------------------------------------------------------------------
LWP Lessee, LLC..................  Docket No. EG11-89-000
El Segundo Energy Center LLC.....  Docket No. EG11-90-000
Mojave Solar LLC.................  Docket No. EG11-91-000
Pocahontas Prairie Wind, LLC.....  Docket No. EG11-92-000
Pocahontas Prairie Wind, LLC.....  Docket No. EG11-93-000
Hatch Solar Energy Center I, LLC.  Docket No. EG11-94-000
Calpine Greenleaf, Inc...........  Docket No. EG11-95-000
Stony Creek Energy LLC...........  Docket No. EG11-96-000
Post Rock Wind Power Project, LLC  Docket No. EG11-97-000
Shiloh III Wind Project, LLC.....  Docket No. EG11-98-000
Granite Reliable Power, LLC......  Docket No. EG11-99-000
------------------------------------------------------------------------

    Take notice that during the month of August 2011, the status of the
above-captioned entities as Exempt Wholesale Generators became
effective by operation of the Commission's regulations. 18 CFR
366.7(a).

    Dated: September 19, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-24758 Filed 9-26-11; 8:45 am]
BILLING CODE 6717-01-P


  SEQ CHAPTER \h \r 1 Form for Compliance with E.O. 12866 Docket Requirements

Title of Regulation:   Unregulated Contaminant Monitoring Regulation (UCMR) for Public 				Water Systems Revisions

Contact person:   David J. Munch

Phone number:<PHONE_NUMBER>

Was this regulation reviewed by OMB under Executive Order  12866 - Regulatory Planning and Review?

Yes          No

If you checked “no”, you are done with this form.  Simply place it in the docket for your regulation.  If you checked “yes”, please fill out the remainder of the form before placing it in the docket.  Also docket any relevant documents referenced in the form.

For regulations that are checked “Yes” above:

This regulation was reviewed by OMB under Executive Order  12866 - Regulatory Planning and Review.

Attached is the draft regulation and any other documents sent to OMB for review, such as analyses and assessments.   E.O. 12866 requires agencies to make these publicly available.

E.O. 12866 also requires agencies to identify the substantive changes between the draft regulation sent to OMB for review and the regulation subsequently announced  [Please check the appropriate box below:]

        	EPA made substantive changes to this regulation

(includes changes initiated by EPA or OMB).

Attached is a document which: (1) identifies all the substantive changes made, and (2) notes those changes OMB suggested or recommended.

   X     	No substantive changes were made to this regulation

-

$

&

>

@

L

B

F

º

"

$

J

L

E

F

ú

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	Therefore, no further attachments are required..

If you have questions about this regulation, please call the EPA contact person listed above.


[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23461-23463]
[FR Doc No: 2018-10732]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-6759]

Establishing Effectiveness for Drugs Intended To Treat Male
Hypogonadotropic Hypogonadism Attributed to Nonstructural Disorders;
Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a guidance for industry entitled ``Establishing
Effectiveness for Drugs Intended to Treat Male Hypogonadotropic
Hypogonadism Attributed to Nonstructural Disorders.'' This guidance
provides recommendations for establishing clinical effectiveness for
drugs intended to treat male hypogonadotropic hypogonadism associated
with obesity and other conditions that do not cause structural
disorders of the hypothalamus or pituitary gland. This guidance
incorporates advice FDA received at a December 2014 advisory committee
meeting on the appropriate indicated population for testosterone
therapy and a December 2016 advisory committee meeting on
hypogonadotropic hypogonadism. This guidance finalizes the draft
guidance of the same name issued on January 3, 2018.

DATES: The announcement of the guidance is published in the Federal
Register on May 21, 2018.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-D-6759 for ``Establishing Effectiveness for Drugs Intended to
Treat Male Hypogonadotropic Hypogonadism Attributed to Nonstructural
Disorders; Guidance for Industry; Availability.'' Received comments
will be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of this guidance to the
Division of Drug Information, Center for Drug Evaluation and Research,
Food and Drug Administration, 10001 New Hampshire Ave, Hillandale
Building, 4th Floor, Silver Spring, MD 20993-0002. Send one self-
addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Jeannie Roule, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave, Bldg. 22, Rm. 5332, Silver Spring, MD 20993-0002, 301-
796-3993.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``Establishing Effectiveness for Drugs Intended to Treat Male
Hypogonadotropic Hypogonadism Attributed to Nonstructural Disorders.''
This guidance provides recommendations for establishing clinical
effectiveness for drugs intended to treat male hypogonadotropic
hypogonadism associated with obesity and other conditions that do not
cause structural disorders of the hypothalamus or pituitary gland. This
guidance incorporates advice FDA received at a December 2014 advisory
committee meeting on the appropriate indicated population for
testosterone therapy and a December 2016 advisory committee meeting on
hypogonadotropic hypogonadism. This guidance finalizes the draft
guidance of the same name issued on January 3, 2018 (83 FR 383). The
guidance includes editorial changes and a new sentence clarifying that
the recommendations do not apply to testosterones and testosterone
esters seeking the traditional indication of replacement therapy in
adult males for conditions associated with a deficiency or absence of
endogenous testosterone.
    This guidance is being issued consistent with FDA's good guidance

practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on establishing effectiveness for drugs
intended to treat male hypogonadotropic hypogonadism attributed to
nonstructural disorders. It does not establish any rights for any
person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations. This guidance is not subject to Executive
Order 12866.

II. Electronic Access

    Persons with access to the internet may obtain the guidance at
either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or
https://www.regulations.gov.

    Dated: May 15, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-10732 Filed 5-18-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14710-14711]
[FR Doc No: 2017-05672]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC17-4-000]

Commission Information Collection Activities (FERC-521); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on FERC-521 (Payments for Benefits
from Headwater Improvements) and will be submitting FERC-521 to the
Office of Management and Budget (OMB) for review of the information
collection requirements.

DATES: Comments on the collection of information are due May 22, 2017.

ADDRESSES: You may submit comments identified by Docket No. IC17-4-000
by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, and fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-521, Payments for Benefits from Headwater Improvements
    OMB Control No.: 1902-0087.
    Type of Request: Three-year extension of the FERC-521 information
collection requirements with no changes to the reporting requirements.
    Abstract: The information collected under the requirements of FERC-
521 is

used by the Commission to implement the statutory provisions of Section
10(f) of the Federal Power Act (FPA).\1\ The FPA authorizes the
Commission to determine headwater benefits received by downstream
hydropower project owners. Headwater benefits are the additional energy
production possible at a downstream hydropower project resulting from
the regulation of river flows by an upstream storage reservoir.
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 803.
---------------------------------------------------------------------------

    When the Commission completes a study of a river basin, it
determines headwater benefits charges that will be apportioned among
the various downstream beneficiaries. A headwater benefits charge and
the cost incurred by the Commission to complete an evaluation are paid
by downstream hydropower project owners. In essence, the owners of non-
federal hydropower projects that directly benefit from a headwater
improvement must pay an equitable portion of the annual charges for
interest, maintenance, and depreciation of the headwater project to the
U.S. Treasury. The regulations provide for apportionment of these costs
between the headwater project and downstream projects based on
downstream energy gains and propose equitable apportionment methodology
that can be applied to all river basins in which headwater improvements
are built. The Commission requires owners of non-federal hydropower
projects to file data for determining annual charges as outlined in 18
Code of Federal Regulations (CFR) Part 11.
    Type of Respondents: There are two types of entities that respond,
Federal and Non-Federal hydropower project owners. The Federal entities
that typically respond are the U.S. Army Corps of Engineers and the
U.S. Department of Interior Bureau of Reclamation. The Non-Federal
entities may consist of any Municipal or Non-Municipal hydropower
project owner.
    Estimate of Annual Burden: \2\ The Commission estimates the total
Public Reporting Burden for this information collection as:
    The estimates for cost per response are derived using the 2017 FERC
average salary plus benefits of $158,754/year (or $76.50/hour).
Commission staff finds that the work done for this information
collection is typically done by wage categories similar to those at
FERC.
---------------------------------------------------------------------------

    \2\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, refer to 5 Code of Federal Regulations 1320.3.

                                               FERC-521--Payments for Benefits From Headwater Improvements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Annual  number
                                  Number of     of  responses   Total  number  Average burden &  Total annual burden hours &
                                 respondents         per        of  responses       cost per          total  annual cost       Cost per  respondent  ($)
                                                 respondent                        response
                                          (1)             (2)     (1) * (2) =  (4).............  (3) * (4) = (5)............  (5) / (1)
                                                                          (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Federal and Non-Federal                     3               1               3  40 hrs.; $3,060.  120 hrs.; $9,180...........  $3,060
 hydropower project owners.
                              --------------------------------------------------------------------------------------------------------------------------
    Total cost...............  ..............  ..............  ..............  ................  120 hrs.; $9,180...........  $3,060
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The total estimated annual cost burden to each respondent is $3,060
[40 hours * $76.50/hour = $3,060].
    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: March 13, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-05672 Filed 3-21-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Rules and Regulations]
[Pages 51127-51131]
[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<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    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

(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,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
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\
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    \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).
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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
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-

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\
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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.
    \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.
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    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.

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

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