[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Rules and Regulations]
[Pages 59258-59260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23242]



40 CFR Parts 52 and 81

[EPA-R05-OAR-2011-0596; FRL-9901-09-Region5]

Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Redesignation of the Dayton-Springfield Area to Attainment of the 
1997 Annual Standard for Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: EPA is granting, under the Clean Air Act (CAA), the State of 
Ohio's June 1, 2011, request to redesignate the Dayton-Springfield 
(Dayton) nonattainment area (Clark, Greene, and Montgomery Counties) to 
attainment for the 1997 annual national ambient air quality standard 
(NAAQS or standard) for fine particulate matter (PM2.5). EPA 
is approving the related state implementation plan (SIP) elements 
including comprehensive emissions inventories, the maintenance plan, 
and the motor vehicle emissions budgets (MVEBs). EPA has determined 
that the area has attained the standard and proposed to approve Ohio's 
request on July 26, 2013.

DATES: This final rule is effective on September 26, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2011-0596. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through 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 Matt Rau, 
Environmental Engineer, at (312) 886-6524 before visiting the Region 5 

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, [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. Background Information
II. What are the Responses to Comments?
III. What final action is epa taking?
IV. Statutory and Executive Order Reviews

I. Background Information

    On June 1, 2011, Ohio submitted a request for EPA to redesignate 
the Dayton-Springfield, Ohio nonattainment area to attainment of the 
1997 annual PM2.5 NAAQS. Ohio also requested EPA approval of 
the SIP revision containing an emissions inventory and a maintenance 
plan for the area.
    In a supplemental submission to EPA on April 30, 2013, Ohio 
submitted ammonia (NH3) and volatile organic compounds (VOC) 
emissions inventories to supplement the emissions inventories for 
PM2.5, nitrogen oxides (NOX), and sulfur dioxide 
(SO2) that were submitted on June 1, 2011.
    EPA proposed to redesignate the Dayton area and to approve related 
elements on July 26, 2013 (78 FR 45135). This action included the 
proposed approval of a comprehensive emissions inventory for 
PM2.5, NOX, SO2, NH3, and 
VOC, a maintenance

[[Page 59259]]

plan, and MVEBs. The comment period ran until August 26, 2013. A 
summary of the comments received and EPA's responses are given in 
section II.

II. What are the Responses to Comments?

    EPA received three sets of comments during the comment period 
provided on the proposed rule. One set of comments, both supportive and 
for clarification, came from the Miami Valley Regional Planning 
Commission (MVRPC) on August 2, 2013. Two sets of supportive comments 
came from the Regional Air Pollution Control Agency on August 13, 2013, 
and from the Ohio Utility Group on August 26, 2013. The clarification 
comment from MVRPC with EPA's response is below.
    Comment: MVRPC noticed the discussion about MVEBs in the proposed 
rule included the proposed approval of the MVEBs, but the proposed rule 
did not list the actual MVEBs for the Dayton area. MVRPC referenced the 
Dayton area MVEBs provided by Ohio in its June 1, 2011, submission.
    Response: While EPA listed the emission budgets and explained that 
a 15 percent safety margin was added to the emission budgets to set the 
MVEBs, MVRPC is correct that EPA did not list the Dayton area MVEBs. 
EPA did propose approval of the MVEBs, so EPA is approving the Dayton 
area MVEBs in this final rule. For clarity, the Dayton area MVEBs are 
provided in Table 1. The total MVEBs are calculated by adding 15 
percent to the onroad mobile sources emission estimates that were 
provided in the proposed rule on Table 6 (78 FR 45150).

                                                            Table 1--MVEB for the Dayton Area
                                                                     [Tons per year]
                                                               2015         2015 Safety     2015 Mobile        2022         2022 Safety     2022 Mobile
                                                             Emissions        margin          budget         Emissions        margin          budget
PM2.5...................................................          351.68           52.75          404.43          227.24           34.09          261.33
NOX.....................................................       11,187.43        1,678.11       12,865.54        5,452.73          817.91        6,270.64

III. What final action is EPA taking?

    EPA has determined that the Dayton area is attaining the 1997 
annual PM2.5 NAAQS and that the area has met the 
requirements for redesignation under section 107(d)(3)(E) of the CAA. 
EPA is thus approving the request from Ohio EPA to change the legal 
designations of the Dayton area from nonattainment to attainment for 
the 1997 annual PM2.5 standard. EPA is also approving Ohio's 
PM2.5 maintenance plan for the Dayton area as a revision to 
the Ohio SIP, as it meets the requirements of section 175A of the CAA. 
EPA is approving the 2005 and 2008 NOX, direct 
PM2.5, SO2 emission inventories along with the 
2007/2008 ammonia and VOC emissions inventories as meeting the 
comprehensive emissions inventory requirements of section 172(c)(3) of 
the CAA. EPA is also approving the MOVES-based NOX and 
direct PM2.5 2015 and 2022 MVEBs for the Dayton area for 
transportation conformity purposes. These MVEBs will be used in future 
transportation conformity analyses for the area.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for these actions 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. This final rule, however, does not create any new regulatory 
requirements such that affected parties would need time to prepare 
before the rule takes effect. Rather, it relieves Ohio of planning 
requirements for the Dayton PM2.5 nonattainment 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.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability 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 CAA 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, these actions merely do not impose additional requirements 
beyond those imposed by state law and the CAA. For that reason, these 
     Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do 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);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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

[[Page 59260]]

application of those requirements would be inconsistent with the CAA; 
     do 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 rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because a determinations of attainment is an action that affects the 
status of a geographical area and does not impose any new regulatory 
requirements on tribes, impact any existing sources of air pollution on 
tribal lands, nor impair the maintenance of PM2.5 national 
ambient air quality standards in tribal lands.
    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. These actions are not ``major rules'' as defined by 5 U.S.C. 
    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 November 25, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of these actions 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. These actions may not be challenged later in proceedings to 
enforce their 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 6, 2013.
Susan Hedman,
Regional Administrator, Region 5.
    40 CFR parts 52 and 81 are amended as follows:


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

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

2. Section 52.1880 is amended by adding paragraphs (p)(7) and (q)(7) to 
read as follows:

Sec.  52.1880  Control strategy: Particulate matter.

* * * * *
    (p) * * *
    (7) The Dayton-Springfield, Ohio nonattainment area (Clark, Greene, 
and Montgomery Counties), as submitted on June 1, 2011, and on April 
30, 2013. The maintenance plan establishes 2015 motor vehicle emissions 
budgets for the Dayton-Springfield area of 404.43 ton per year (tpy) 
PM2.5 and 12,865.54 tpy nitrogen oxides (NOX) and 
2022 motor vehicle emissions budgets of 261.33 tpy PM2.5 and 
6,270.64 tpy NOX.
    (q) * * *
    (7) Ohio's 2005 and 2008 NOX, primary PM2.5, 
and SO2 and 2007/2008 ammonia and VOC emissions inventories 
satisfy the emission inventory requirements of section 172(c)(3) of the 
Clean Air Act for the Dayton-Springfield area.
* * * * *


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

    Authority:  42 U.S.C. 7401 et seq.
4. Section 81.336 is amended by revising the entry for Dayton-
Springfield, OH in the table entitled ``Ohio--PM2.5(Annual 
NAAQS)'' to read as follows:

Sec.  81.336  Ohio.

* * * * *

                             [Annual NAAQS]
                                             Designation \a\
        Designated area         ----------------------------------------
                                     Date \1\               Type
                              * * * * * * *
Dayton-Springfield, OH:........         9/26/2013  Attainment
    Clark County...............
    Greene County..............
    Montgomery County..........
                              * * * * * * *
\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.

* * * * *
[FR Doc. 2013-23242 Filed 9-25-13; 8:45 am]