[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Rules and Regulations]
[Pages 62459-62462]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24282]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2012-0564; FRL-9901-63-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Redesignation of the Canton-Massillon Area to Attainment of the 
1997 Annual Standard and the 2006 24-Hour Standard for Fine Particulate 
Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving, under the Clean Air Act (CAA), the state of 
Ohio's request to redesignate the Canton-Massillon nonattainment area 
(Canton), Stark County, to attainment of the 1997 annual and 2006 24-
hour national ambient air quality standards (NAAQS or standards) for 
fine particulate matter (PM2.5). On June 26, 2012, the Ohio 
Environmental Protection Agency (OEPA) submitted a request for EPA to 
redesignate the Canton nonattainment area. EPA determined that the 
Canton area has attained the 1997 annual and 2006 24-hour 
PM2.5 standards, and proposed on August 7, 2013, to approve 
Ohio's request to redesignate the area. EPA is taking final action 
today on that proposal. EPA is also taking final action in this 
rulemaking on several related proposals. EPA is approving, as a 
revision to the Ohio state implementation plan (SIP), the state's plan 
for maintaining the 1997 annual and 2006 24-hour PM2.5 NAAQS 
in the area through 2025. Finally, EPA finds adequate and is approving 
Ohio's nitrogen oxides (NOX) and PM2.5 motor 
vehicle emission budgets (MVEBs) for 2015 and 2025 for the Canton area. 
EPA is also approving the 2005 and 2008 emissions inventories for 
primary PM2.5, NOX, sulfur dioxide 
(SO2), volatile organic compounds (VOCs) and ammonia for the 
area. EPA, therefore, grants Ohio's request to redesignate the Canton 
area to attainment for the 1997 annual and 2006 24-hour 
PM2.5 standards.

DATES: This rule is effective October 22, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification EPA-R05-OAR-2012-0564. All documents in these dockets 
are listed on the www.regulations.gov Web site. 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 U.S. 
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 Carolyn Persoon at 
(312) 353-8290 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,

[[Page 62460]]

Chicago, Illinois 60604, (312) 353-8290, persoon.carolyn@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is the background for the actions?
II. What actions is EPA taking?
III. What is EPA's response to comments?
IV. Why is EPA taking these actions?
V. Final Action
VI. Statutory and Executive Order Reviews

I. What is the background for the actions?

    On June 26, 2012, OEPA submitted its request to redesignate the 
Canton nonattainment area to attainment for the 1997 annual and 2006 
24-hour PM2.5 NAAQS, and for EPA approval of the state's SIP 
revision containing a maintenance plan for the area. On August 7, 2013, 
(78 FR 48087), EPA proposed approval of Ohio's redesignation request 
and plan for maintaining the 1997 annual and 2006 24-hour 
PM2.5 NAAQS. EPA also proposed approval of Ohio's MVEBs for 
PM2.5 and NOX for 2015 and 2025 for the area. 
Additional background for today's action is set forth in EPA's August 
7, 2013, proposed rulemaking.

II. What actions is EPA taking?

    EPA has determined that the entire Canton area is attaining the 
1997 annual and 2006 24-hour PM2.5 standards (78 FR 48087) 
and that the Canton area has met the requirements for redesignation 
under section 107(d)(3)(E) of the CAA. Thus, EPA is approving the 
requests from the state of Ohio to change the legal designation of the 
Canton area from nonattainment to attainment for the 1997 annual and 
2006 24-hour PM2.5 NAAQS. EPA is also taking several 
additional actions related to Ohio's PM2.5 redesignation 
requests, as discussed below.
    EPA is approving Ohio's PM2.5 maintenance plan for the 
Canton area as a revision to the Ohio SIP (such approval being one of 
the CAA criteria for redesignation to attainment status). The 
maintenance plan is designed to keep the Canton area in attainment of 
the 1997 annual and 2006 24-hour PM2.5 NAAQS through 2025.
    EPA is also approving the 2005 and 2008 emission inventories for 
primary PM2.5,\1\ NOX, SO2,\2\ VOCs, 
and ammonia documented in Ohio's PM2.5 redesignation request 
and supplemental submittals. These emissions inventories satisfy the 
requirement in section 172(c)(3) of the CAA for a comprehensive, 
current emission inventory.
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    \1\ Fine particulates directly emitted by sources and not formed 
in a secondary manner through chemical reactions or other processes 
in the atmosphere.
    \2\ NOX and SO2 are precursors for fine 
particulates through chemical reactions and other related processes 
in the atmosphere.
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    EPA also finds adequate and is approving Ohio's 2015 and 2025 
primary PM2.5 and NOX MVEBs for the Canton area. 
These MVEBs will be used in future transportation conformity analyses 
for the area.

III. What is EPA's response to comments?

    EPA received one supportive comment and no adverse comments on its 
proposed rulemaking. The comment has been added to the docket.

IV. Why is EPA taking these actions?

    EPA has determined that the Canton area has attained the 1997 
annual and 2006 24-hour PM2.5 NAAQS. EPA has also determined 
that all other criteria have been met for the redesignation of the 
Canton area from nonattainment to attainment of the 1997 annual and 
2006 24-hour PM2.5 NAAQS and for approval of Ohio's 
maintenance plan for the area. See CAA sections 107(d)(3)(E) and 175A. 
The detailed rationale for EPA's findings and actions is set forth in 
the proposed rulemaking of August 7, 2013 (78 FR 48087).

V. Final Action

    EPA is determining that the Canton area has attained the standards 
and that the area meets the requirements for redesignation to 
attainment of that standard under sections 107(d)(3)(E) and 175A of the 
CAA. Thus, EPA is granting the request from Ohio to change the legal 
designation of the Canton area from nonattainment to attainment for the 
1997 annual and 2006 24-hour PM2.5 NAAQS. EPA is also 
approving Ohio's 1997 annual and 2006 24-hour PM2.5 
maintenance plan for the Canton area as a revision to the SIP because 
the plan meets the requirements of section 175A of the CAA. EPA is 
approving the 2005 and 2008 emissions inventories for primary 
PM2.5, NOX, SO2, VOCs, and ammonia 
documented in Ohio's June 26, 2012, and May 31, 2013, submittals as 
satisfying the requirement in section 172(c)(3) of the CAA for a 
comprehensive, current emission inventory. Finally, EPA finds adequate 
and is approving Ohio's 2015 and 2025 primary PM2.5 and 
NOX MVEBs for the Canton area. These MVEBs will be used in 
future transportation conformity analyses for the area after the 
effective date for the adequacy finding and approval.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this action to become effective immediately upon publication. This 
is because a delayed effective date is unnecessary due to the nature of 
a redesignation to attainment, which relieves the area from certain CAA 
requirements that would otherwise apply to it. The immediate effective 
date for this action is authorized under both 5 U.S.C. 553(d)(1), which 
provides that rulemaking actions may become effective less than 30 days 
after publication if the rule grants or recognizes an exemption or 
relieves a restriction, and section 553(d)(3), which allows an 
effective date less than 30 days after publication as otherwise 
provided by the agency for good cause found and published with the 
rule. The purpose of the 30-day waiting period prescribed in section 
553(d) is to give affected parties a reasonable time to adjust their 
behavior and prepare before the final rule takes effect. Today's rule, 
however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, today's rule relieves Ohio of various requirements for 
the Canton area. For these reasons, EPA finds good cause under 5 U.S.C. 
553(d)(3) for this action to become effective on the date of 
publication of this action.

VI. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application of requirements contained in the CAA for areas that 
have been redesignated to attainment. Moreover, 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 these reasons, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office

[[Page 62461]]

of Management and Budget under Executive Order 12866 (58 FR 51735, 
October 4, 1993);
     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 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, this final rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the Commonwealth, and EPA notes that it will not 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 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 December 23, 2013. 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. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: September 19, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. Section 52.1880 is amended by adding paragraphs (p)(8), (q)(8), 
(s)(3), and (t)(3) to read as follows:


Sec.  52.1880  Control strategy: Particulate matter.

* * * * *
    (p) * * *
    (8) The Canton-Massillon nonattainment area (Stark County). The 
maintenance plan establishes motor vehicle emissions budgets for the 
Canton-Massillon area of 204.33 tpy for primary PM2.5 and 
7,782.84 tpy for NOX for 2015, and 101.50 tpy for primary 
PM2.5 and 4,673.83 tpy for NOX for 2025.
    (q) * * *
    (8) Ohio's 2005 and 2008 NOX, directly emitted 
PM2.5, SO2, VOC, and ammonia emissions inventory 
satisfies the emission inventory requirements of section 172(c)(3) for 
the Canton-Massillon area.
* * * * *
    (s) * * *
    (3) The Canton-Massillon nonattainment area (Stark County). The 
maintenance plan establishes motor vehicle emissions budgets for the 
Canton-Massillon area of 204.33 tpy for primary PM2.5 and 
7,782.84 tpy for NOX for 2015, and 101.50 tpy for primary 
PM2.5 and 4,673.83 tpy for NOX for 2025.
    (t) * * *
    (3) Ohio's 2005 and 2008 NOX, directly emitted 
PM2.5, SO2, VOC, and ammonia emissions inventory 
satisfies the emission inventory requirements of section 172(c)(3) for 
the Canton-Massillon area.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. Section 81.336 is amended by revising the entry for Canton-
Massillon, OH in the tables entitled ``Ohio--PM2.5 (Annual 
NAAQS)'' and ``Ohio--PM2.5 (24-Hour NAAQS)'' to read as 
follows:


Sec.  81.336  Ohio.

* * * * *

                               Ohio--PM2.5
                             [Annual NAAQS]
------------------------------------------------------------------------
                                              Designation \a\
         Designated area          --------------------------------------
                                       Date \1\             Type
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                              * * * * * * *
Canton-Massillon, OH:
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[[Page 62462]]

 
    Stark County.................        10/22/13   Attainment.
 
                              * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

* * * * *

                                                   Ohio--PM2.5
                                                 [24-Hour NAAQS]
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                                     Designation for the 1997 NAAQS \a\     Designation for the 2006 NAAQS \a\
         Designated area          ------------------------------------------------------------------------------
                                       Date \1\             Type              Date \2\              Type
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                                                  * * * * * * *
Canton-Massillon, OH:
    Stark County.................  ...............  Unclassifiable/             10/22/13   Attainment.
                                                     Attainment.
 
                                                  * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.


[FR Doc. 2013-24282 Filed 10-21-13; 8:45 am]
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