[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Rules and Regulations]
[Pages 62459-62462]
From the Federal Register Online via the Government Publishing 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, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What 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]
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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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