Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Ohio; Redesignation of Youngstown, OH to Attainment of the 8-Hour Ozone Standard, 32190-32193 [E7-11229]
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32190
Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Rules and Regulations
§ 51.83
effects on federally recognized Indian
tribes and have determined that there
are no potential effects on the tribes.
Clarity of Rule
Executive Order 12866 requires each
agency to write regulations that are easy
to understand. We invite your
comments on how to make this rule
easier to understand, including answers
to questions such as the following: (1)
Are the requirements in the rule clearly
stated? (2) Does the rule contain
technical language or jargon that
interferes with its clarity? (3) Does the
format of the rule (grouping and order
of sections, use of headings,
paragraphing, etc.) aid or reduce its
clarity? (4) Would the rule be easier to
read if it were divided into more (but
shorter) sections? (A ‘‘section’’ appears
in bold type and is preceded by the
symbol ‘‘§ ’’ and a numbered heading;
for example § 7.XX .........) (5) Is the
description of the rule in the
‘‘Supplementary Information’’ section of
the preamble helpful in understanding
the proposed rule? What else could we
do to make the rule easier to
understand?
Send a copy of any comments that
concern how we could make this rule
easier to understand to: Office of
Regulatory Affairs, Department of the
Interior, Room 7229, 1849 C Street,
NW., Washington, DC 20240. You may
also e-mail the comments to this
address: Exsec@ios.doi.gov.
Drafting Information: The principal
contributors to this final rule were: Jo
Pendry, Chief Concession Program,
WASO; Judy Bassett, Concession Policy
Analyst, WASO; Meridith Stanton,
Director, and Jill Moran, Program
Specialist, IACB, and Jerry Case,
Regulations Program Manager, WASO.
List of Subjects in 36 CFR Part 51
Concessions, Government contracts,
National parks, Reporting and
recordkeeping requirements.
For the reasons stated in the preamble,
the National Park Service amends 36
CFR Part 51 as follows:
I
PART 51—CONCESSION CONTRACTS
1. The authority for part 51 continues
to read as follows:
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I
Authority: The Act of August 25, 1916, as
amended and supplemented, 16 U.S.C. 1 et
seq., particularly, 16 U.S.C. 3 and Title IV of
the National Parks Omnibus Management Act
of 1998 (Pub. L. 105–391).
2. Section 51.83 is added to read as
follows:
I
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Sale of Native Handicrafts.
(a) Where authorized by an applicable
concession contract, concessioners are
encouraged to sell authentic native
handicrafts appropriately labeled or
denoted as authentic that reflect the
cultural, historical, and geographic
characteristics of the related park area.
To further this objective, concession
contracts will contain a provision that
exempts the revenue of a concessioner
derived from the sale of appropriately
labeled or denoted authentic native
handicrafts from the concession
contract’s franchise fee.
(b) The sale of products as authentic
native handicrafts is further regulated
under the Indian Arts and Crafts Act,
Public Law 101–644, as amended.
(c) Definitions. (1) Alaska Native
means any citizen of the United States
who is a person of one-fourth degree or
more Alaskan Indian (including
Tsimshian Indians not enrolled in the
Metalakatla Indian Community),
Eskimo, or Aleut blood, or combination
thereof. The term includes any person
so defined either or both of whose
adoptive parents are not Alaska Natives.
It also includes, in the absence of a
minimum blood quantum, any citizen of
the United States who is regarded as an
Alaska Native by the Alaska native
village or native groups of which he or
she claims to be a member and whose
father or mother is (or, if deceased, was)
regarded as an Alaska Native by any
village or group.
(2) Arts and crafts objects means art
works and crafts that are in a traditional
or non-traditional style or medium.
(3) Authentic native handicrafts
means arts and crafts objects created by
a United States Indian, Alaska Native,
Native Samoan or Native Hawaiian that
are made with the help of only such
devices as allow the manual skill of the
maker to condition the shape and design
of each individual object.
(4) Native Hawaiian means any
individual who is a descendant of the
aboriginal people that, prior to 1778,
occupied and exercised sovereignty in
the area that now constitutes the State
of Hawaii.
(5) United States Indian means any
individual that is a member of an Indian
tribe as defined in 18 U.S.C. 1159(c)(3).
Dated: May 22, 2007.
David M. Verhey,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. E7–11274 Filed 6–11–07; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2006–1022; FRL–8324–9]
Determination of Attainment, Approval
and Promulgation of Implementation
Plans and Designation of Areas for Air
Quality Planning Purposes; Ohio;
Redesignation of Youngstown, OH to
Attainment of the 8-Hour Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: On February 15, 2007, the
Ohio Environmental Protection Agency
(Ohio EPA), submitted a request to
redesignate its portion of the
Youngstown area (Mahoning, Trumbull
and Columbiana Counties) to attainment
of the 8-hour ozone National Ambient
Air Quality Standard (NAAQS), and a
request for EPA approval of an ozone
maintenance plan. EPA is making a
determination that the Youngstown,
Ohio ozone nonattainment area has
attained the 8-hour ozone NAAQS. This
determination is based on three years of
complete, quality assured ambient air
quality monitoring data for the 2004–
2006 ozone seasons that demonstrate
that the 8-hour ozone NAAQS has been
attained in the area. EPA is approving,
as a State Implementation Plan (SIP)
revision, the State’s maintenance plan
for the Ohio portion of the area. As a
result, Ohio has satisfied the criteria for
redesignation of Mahoning, Trumbull
and Columbiana Counties to attainment
and EPA is approving the requested
redesignation. Further, EPA is
approving, for purposes of
transportation conformity, the motor
vehicle emission budgets (MVEBs) for
the years 2009 and 2018 that are
contained in the 8-hour ozone
maintenance plan for the area.
DATES: This final rule is effective on
June 12, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2006–1022. 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
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Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Rules and Regulations
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 Patricia
Morris, Environmental Scientist, at
(312) 353–8656 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Patricia Morris, Environmental
Scientist, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8656,
morris.patricia@epa.gov.
SUPPLEMENTARY INFORMATION: In the
following, whenever ‘‘we,’’ ‘‘us,’’ or
‘‘our’’ are used, we mean the United
States Environmental Protection
Agency.
Table of Contents
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I. What Is the Background for This Rule?
II. What Comments Did We Receive on the
Proposed Action?
III. What Are Our Final Actions?
IV. Statutory and Executive Order Review
I. What Is the Background for This
Rule?
The Clean Air Act (CAA) requires
EPA to designate as nonattainment any
area that is violating the 8-hour ozone
NAAQS based on three consecutive
years of air quality monitoring data.
EPA designated Youngstown, Ohio as a
nonattainment area in a Federal
Register notice published on April 30,
2004, (69 FR 23857). At the same time
EPA classified the area as a subpart 1 8hour ozone nonattainment area, based
on air quality monitoring data from
2001–2003.
On February 15, 2007, the Ohio EPA
submitted a request to redesignate its
portion of the Youngstown area to
attainment for the 8-hour ozone
standard. The redesignation request
included three years of complete,
quality-assured data for the period of
2004 through 2006, indicating the 8hour NAAQS for ozone had been
achieved. The data satisfy the CAA
requirements for attainment when the 3year average of the annual fourthhighest daily maximum 8-hour average
ozone concentration is less than or
equal to 0.08 ppm. Under the CAA,
nonattainment areas may be
redesignated to attainment if sufficient
complete, quality-assured data are
available for the Administrator to
determine that the areas have attained
the standard and the areas meet the
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other CAA redesignation requirements
in section 107(d)(3)(E). The April 18,
2007, proposed rule (72 FR 19435)
provides a discussion of how the State
of Ohio met these requirements for the
Youngstown, Ohio area.
II. What Comments Did We Receive on
the Proposed Action?
EPA provided a 30-day review and
comment period on the April 18, 2007,
proposed rule. EPA received no
comments.
The United States Court of Appeals
for the District of Columbia Circuit
recently vacated EPA’s April 30, 2004
‘‘Final Rule to Implement the 8-Hour
Ozone National Ambient Standard’’ (the
Phase 1 implementation rule). South
Coast Air Quality Management District
v. EPA, No. 04–1200., 472 F.3d 882
(D.C. Cir. 2007). This court decision and
EPA’s interpretation of the decision was
discussed in the proposed rule. No
comments were received.
III. What Are Our Final Actions?
EPA is taking several related actions.
EPA is making a determination that the
Youngstown, Ohio nonattainment area
has attained the 8-hour ozone standard.
EPA is approving Ohio’s maintenance
plan SIP revision for Mahoning,
Trumbull and Columbiana counties
(such approval being one of the CAA
criteria for redesignation to attainment
status). The Ohio maintenance plan, in
conjunction with the Pennsylvania SIP,
is designed to keep the area in
attainment for ozone through 2018.
Because Ohio has met these and other
prerequisites for redesignation, EPA is
approving the State’s request to change
the legal designation of the counties
from nonattainment to attainment for
the 8-hour ozone NAAQS. In addition,
and supported by and consistent with
the ozone maintenance plan, EPA is
approving the 2009 and 2018 volatile
organic compounds (VOC) and oxides of
nitrogen (NOX) MVEBs for the Ohio
counties for transportation conformity
purposes. The 2009 motor vehicle
emission budgets are 19.58 tons per day
for VOCs and 33.71 tons per day for
NOX. For 2018 the budgets are 10.36
tons per day for VOC and 13.29 tons per
day for NOX.
EPA finds that there is good cause for
these actions to become effective
immediately upon publication 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
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32191
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 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 the State of
planning requirements for these 8-hour
ozone nonattainment areas. For these
reasons, EPA finds good cause under 5
U.S.C. 553(d)(3) for these actions to
become effective on the date of
publication of these actions.
IV. Statutory and Executive Order
Review
Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’
and, therefore, is not subject to review
by the Office of Management and
Budget.
Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 or a ‘‘significant energy
action,’’ this action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
Regulatory Flexibility Act
This action merely approves state law
as meeting Federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Redesignation of an area to attainment
under section 107(d)(3)(E) of the Clean
Air Act does not impose any new
requirements on small entities.
Redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on sources. Accordingly,
the Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
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Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Rules and Regulations
Unfunded Mandates Reform Act
Because this rule approves preexisting requirements under state law
and does not impose any additional
enforceable duty beyond that required
by state law, it 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).
Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
states, on the relationship between the
national government and the states, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). Redesignation is an
action that merely affects the status of
a geographical area, and does not
impose any new requirements on
sources, or allows a state to avoid
adopting or implementing additional
requirements, and does not alter the
relationship or distribution of power
and responsibilities established in the
Clean Air Act.
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Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it approves a
state rule implementing a Federal
Standard.
National Technology Transfer
Advancement Act
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
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for the state to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Redesignation is an
action that affects the status of a
geographical area but does not impose
any new requirements on sources. Thus,
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Congressional Review Act
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Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Particulate matter, Volatile organic
compounds.
40 CFR Part 81
Air pollution control, Environmental
protection, National parks, Wilderness
areas.
Dated: June 1, 2007.
Walter Kovalick, Jr.,
Acting Regional Administrator, Region 5.
Parts 52 and 81, chapter I, title 40 of
the Code of Federal Regulations are
amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 13, 2007.
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
force its requirements. (See Section
307(b)(2).)
Frm 00028
40 CFR Part 52
I
Paperwork Reduction Act
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List of Subjects
Subpart KK—Ohio
2. Section 52.1885 is amended by
adding paragraph (ff)(5) to read as
follows:
I
§ 52.1885
Control strategy: Ozone.
*
*
*
*
*
(ff) * * *
(5) Mahoning, Trumbull and
Columbiana Counties, as submitted on
February 15, 2007. The maintenance
plan establishes 2009 and 2018 motor
vehicle emission budgets for Mahoning,
Trumbull and Columbiana Counties.
The 2009 motor vehicle emission
budgets are 19.58 tons per day for
volatile organic compounds (VOC) and
33.71 tons per day for oxides of nitrogen
(NOX). For 2018 the budgets are 10.36
tons per day for VOC and 13.29 tons per
day for NOX.
PART 81—[AMENDED]
1. The authority citation for part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
2. Section 81.336 is amended by
revising the entries for YoungstownWarren-Sharon, PA-OH: Columbiana,
Mahoning, and Trumbull Counties in
the table entitled ‘‘Ohio-Ozone (8-Hour
Standard)’’ to read as follows:
I
§ 81.336
*
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Ohio.
*
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32193
Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Rules and Regulations
OHIO—OZONE
[8-Hour Standard]
Designation a
Classification
Designated area
Date 1
*
*
Youngstown-Warren-Sharon, PA-OH:
Columbiana County ...................
Mahoning County ......................
Trumbull County ........................
*
*
*
June 12, 2007.
............................................. Attainment
............................................. Attainment
............................................. Attainment
*
Date 1
Type
*
Type
*
*
*
*
*
*
*
a Includes
1 This
Indian Country located in each county or area, except as otherwise specified.
date is June 15, 2004, unless otherwise noted.
[FR Doc. E7–11229 Filed 6–11–07; 8:45 am]
BILLING CODE 6560–50–P
the October 17, 2006, final rule is
correct.
This rule is effective on
September 10, 2007, without further
notice, unless EPA receives adverse
comment by July 12, 2007. If we receive
adverse comment, we will publish a
timely withdrawal in the Federal
Register informing the public that some
or all of the amendments in this rule
will not take effect.
ADDRESSES: Submit your comments,
identified under Docket ID No. EPA–
HQ–OAR–2004–0018 by one of the
following methods:
• www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–1741.
• Mail: Ambient Air Monitoring
Regulations: Correcting and Other
Amendments, Environmental Protection
Agency, Mailcode: 6102T, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460. Please include a
total of 2 copies.
• Hand Delivery: EPA Docket Center,
1301 Constitution Avenue, NW., Room
3334, Washington, DC. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2004–
0018. The 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 e-mail. The www.regulations.gov
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 53 and 58
[EPA–HQ–OAR–2004–0018; FRL–8308–7]
RIN 2060–AO06
Ambient Air Monitoring Regulations:
Correcting and Other Amendments
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: The EPA is taking direct final
action on ‘‘Ambient Air Monitoring
Regulations: Correcting and Other
Amendments’’ to correct and clarify
parts of a recent final rule published on
October 17, 2006, that amended the
ambient air monitoring requirements for
criteria pollutants. These errors
included several instances where the
wording in the preamble and regulatory
text were not completely consistent,
several regulatory text passages that
contained some imprecise language, two
instances of regulatory text omission, an
outdated address reference, and
numerous publication errors in tables
and equations. EPA is also amending
the monitoring rule to allow EPA
Regional Administrators to approve
departures from the minimum number
of PM10 monitors otherwise specified in
the rule.
The October 17, 2006, final rule
revised requirements for reference and
equivalent method determinations,
modified requirements for general
monitoring network design, and
modified other requirements pertaining
to quality assurance, annual network
plans and assessments, data reporting,
monitoring methodology, and probe and
monitor siting criteria. All other
preamble and regulatory text printed in
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website 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
e-mail comment directly to EPA without
going through www.regulations.gov,
your e-mail 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 Revisions to the Ambient Air
Monitoring Regulations Docket, EPA/
DC, EPA West, Room 3334, Constitution
Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT: Mr.
Lewis Weinstock, Air Quality
Assessment Division (C304–06), Office
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]]>Agencies
[Federal Register Volume 72, Number 112 (Tuesday, June 12, 2007)]
[Rules and Regulations]
[Pages 32190-32193]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11229]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2006-1022; FRL-8324-9]
Determination of Attainment, Approval and Promulgation of
Implementation Plans and Designation of Areas for Air Quality Planning
Purposes; Ohio; Redesignation of Youngstown, OH to Attainment of the 8-
Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On February 15, 2007, the Ohio Environmental Protection Agency
(Ohio EPA), submitted a request to redesignate its portion of the
Youngstown area (Mahoning, Trumbull and Columbiana Counties) to
attainment of the 8-hour ozone National Ambient Air Quality Standard
(NAAQS), and a request for EPA approval of an ozone maintenance plan.
EPA is making a determination that the Youngstown, Ohio ozone
nonattainment area has attained the 8-hour ozone NAAQS. This
determination is based on three years of complete, quality assured
ambient air quality monitoring data for the 2004-2006 ozone seasons
that demonstrate that the 8-hour ozone NAAQS has been attained in the
area. EPA is approving, as a State Implementation Plan (SIP) revision,
the State's maintenance plan for the Ohio portion of the area. As a
result, Ohio has satisfied the criteria for redesignation of Mahoning,
Trumbull and Columbiana Counties to attainment and EPA is approving the
requested redesignation. Further, EPA is approving, for purposes of
transportation conformity, the motor vehicle emission budgets (MVEBs)
for the years 2009 and 2018 that are contained in the 8-hour ozone
maintenance plan for the area.
DATES: This final rule is effective on June 12, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2006-1022. 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
[[Page 32191]]
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
Patricia Morris, Environmental Scientist, at (312) 353-8656 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental
Scientist, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8656,
morris.patricia@epa.gov.
SUPPLEMENTARY INFORMATION: In the following, whenever ``we,'' ``us,''
or ``our'' are used, we mean the United States Environmental Protection
Agency.
Table of Contents
I. What Is the Background for This Rule?
II. What Comments Did We Receive on the Proposed Action?
III. What Are Our Final Actions?
IV. Statutory and Executive Order Review
I. What Is the Background for This Rule?
The Clean Air Act (CAA) requires EPA to designate as nonattainment
any area that is violating the 8-hour ozone NAAQS based on three
consecutive years of air quality monitoring data. EPA designated
Youngstown, Ohio as a nonattainment area in a Federal Register notice
published on April 30, 2004, (69 FR 23857). At the same time EPA
classified the area as a subpart 1 8-hour ozone nonattainment area,
based on air quality monitoring data from 2001-2003.
On February 15, 2007, the Ohio EPA submitted a request to
redesignate its portion of the Youngstown area to attainment for the 8-
hour ozone standard. The redesignation request included three years of
complete, quality-assured data for the period of 2004 through 2006,
indicating the 8-hour NAAQS for ozone had been achieved. The data
satisfy the CAA requirements for attainment when the 3-year average of
the annual fourth-highest daily maximum 8-hour average ozone
concentration is less than or equal to 0.08 ppm. Under the CAA,
nonattainment areas may be redesignated to attainment if sufficient
complete, quality-assured data are available for the Administrator to
determine that the areas have attained the standard and the areas meet
the other CAA redesignation requirements in section 107(d)(3)(E). The
April 18, 2007, proposed rule (72 FR 19435) provides a discussion of
how the State of Ohio met these requirements for the Youngstown, Ohio
area.
II. What Comments Did We Receive on the Proposed Action?
EPA provided a 30-day review and comment period on the April 18,
2007, proposed rule. EPA received no comments.
The United States Court of Appeals for the District of Columbia
Circuit recently vacated EPA's April 30, 2004 ``Final Rule to Implement
the 8-Hour Ozone National Ambient Standard'' (the Phase 1
implementation rule). South Coast Air Quality Management District v.
EPA, No. 04-1200., 472 F.3d 882 (D.C. Cir. 2007). This court decision
and EPA's interpretation of the decision was discussed in the proposed
rule. No comments were received.
III. What Are Our Final Actions?
EPA is taking several related actions. EPA is making a
determination that the Youngstown, Ohio nonattainment area has attained
the 8-hour ozone standard. EPA is approving Ohio's maintenance plan SIP
revision for Mahoning, Trumbull and Columbiana counties (such approval
being one of the CAA criteria for redesignation to attainment status).
The Ohio maintenance plan, in conjunction with the Pennsylvania SIP, is
designed to keep the area in attainment for ozone through 2018. Because
Ohio has met these and other prerequisites for redesignation, EPA is
approving the State's request to change the legal designation of the
counties from nonattainment to attainment for the 8-hour ozone NAAQS.
In addition, and supported by and consistent with the ozone maintenance
plan, EPA is approving the 2009 and 2018 volatile organic compounds
(VOC) and oxides of nitrogen (NOX) MVEBs for the Ohio
counties for transportation conformity purposes. The 2009 motor vehicle
emission budgets are 19.58 tons per day for VOCs and 33.71 tons per day
for NOX. For 2018 the budgets are 10.36 tons per day for VOC
and 13.29 tons per day for NOX.
EPA finds that there is good cause for these actions to become
effective immediately upon publication 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 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
the State of planning requirements for these 8-hour ozone nonattainment
areas. For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3)
for these actions to become effective on the date of publication of
these actions.
IV. Statutory and Executive Order Review
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Redesignation of an area to attainment under
section 107(d)(3)(E) of the Clean Air Act does not impose any new
requirements on small entities. Redesignation is an action that affects
the status of a geographical area and does not impose any new
regulatory requirements on sources. Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
[[Page 32192]]
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). Redesignation is an action that merely affects the status of
a geographical area, and does not impose any new requirements on
sources, or allows a state to avoid adopting or implementing additional
requirements, and does not alter the relationship or distribution of
power and responsibilities established in the Clean Air Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal Standard.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Redesignation is an
action that affects the status of a geographical area but does not
impose any new requirements on sources. Thus, the requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 13, 2007. 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 force its requirements. (See Section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Volatile
organic compounds.
40 CFR Part 81
Air pollution control, Environmental protection, National parks,
Wilderness areas.
Dated: June 1, 2007.
Walter Kovalick, Jr.,
Acting Regional Administrator, Region 5.
0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations
are amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart KK--Ohio
0
2. Section 52.1885 is amended by adding paragraph (ff)(5) to read as
follows:
Sec. 52.1885 Control strategy: Ozone.
* * * * *
(ff) * * *
(5) Mahoning, Trumbull and Columbiana Counties, as submitted on
February 15, 2007. The maintenance plan establishes 2009 and 2018 motor
vehicle emission budgets for Mahoning, Trumbull and Columbiana
Counties. The 2009 motor vehicle emission budgets are 19.58 tons per
day for volatile organic compounds (VOC) and 33.71 tons per day for
oxides of nitrogen (NOX). For 2018 the budgets are 10.36
tons per day for VOC and 13.29 tons per day for NOX.
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 81.336 is amended by revising the entries for Youngstown-
Warren-Sharon, PA-OH: Columbiana, Mahoning, and Trumbull Counties in
the table entitled ``Ohio-Ozone (8-Hour Standard)'' to read as follows:
Sec. 81.336 Ohio.
* * * * *
[[Page 32193]]
Ohio--Ozone
[8-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area --------------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Youngstown-Warren-Sharon, PA- June 12, 2007.....................
OH:
Columbiana County........ .................................. Attainment ........................... ...........................
Mahoning County.......... .................................. Attainment ........................... ...........................
Trumbull County.......... .................................. Attainment ........................... ...........................
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
[FR Doc. E7-11229 Filed 6-11-07; 8:45 am]
BILLING CODE 6560-50-P
