Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Ohio; Indiana; Redesignation of the Ohio and Indiana Portions of the Cincinnati-Hamilton Area to Attainment for Ozone, 26118-26121 [2010-11010]
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26118
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Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations
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[FR Doc. 2010–11009 Filed 5–10–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2009–0928; EPA–R05–
OAR–2010–0046; FRL–9147–3]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Ohio; Indiana;
Redesignation of the Ohio and Indiana
Portions of the Cincinnati-Hamilton
Area to Attainment for Ozone
jlentini on DSKJ8SOYB1PROD with RULES
SUMMARY: EPA is approving the requests
of Ohio and Indiana to redesignate the
Ohio and Indiana portions of the
Cincinnati-Hamilton, OH–KY–IN 8-hour
ozone nonattainment area, ‘‘the
Cincinnati-Hamilton area,’’ to
attainment for that standard, because
these requests meet the statutory
requirements for redesignation under
the Clean Air Act (CAA). The Ohio
Environmental Protection Agency (Ohio
EPA) and the Indiana Department of
Environmental Management (IDEM)
submitted these requests on December
14, 2009, and January 21, 2010,
respectively. (EPA will address the
Kentucky portion of the CincinnatiHamilton area in a separate rulemaking
action.)
These approvals involve several
related actions. EPA is making a
determination under the CAA that the
Cincinnati-Hamilton area has attained
the 1997 8-hour ozone National
Ambient Air Quality Standard
(NAAQS). The Cincinnati-Hamilton area
includes Butler, Clermont, Clinton,
Hamilton, and Warren Counties in Ohio,
Lawrenceburg Township in Dearborn
County, Indiana, and Boone, Campbell,
and Kenton Counties in Kentucky. This
determination is based on three years of
complete, quality-assured ambient air
quality monitoring data for the 2007–
2009 ozone seasons that demonstrate
that the 8-hour ozone NAAQS has been
attained in the entire CincinnatiHamilton area. EPA is also approving, as
revisions to the Ohio and Indiana State
Implementation Plans (SIPs), the States’
plans for maintaining the 8-hour ozone
NAAQS through 2020 in the area.
EPA is approving the 2002 base year
emissions inventory submitted by IDEM
on June 13, 2007, as meeting the base
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DATES: This final rule is effective May
11, 2010.
EPA has established dockets
for this action: Docket ID No. EPA–R05–
OAR–2009–0928 and ID No. EPA–R05–
OAR–2010–0046. 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 in www.regulations.gov or
in hard copy at the Environmental
Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This
facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
Federal holidays. We recommend that
you telephone Kathleen D’Agostino,
Environmental Engineer, at (312) 886–
1767 before visiting the Region 5 office.
ADDRESSES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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year emissions inventory requirement of
the CAA for the Indiana portion of the
Cincinnati-Hamilton area. EPA is
approving the 2005 base year emissions
inventory submitted by Ohio EPA as
part of its redesignation request as
meeting the base year emissions
inventory requirements of the CAA for
the Ohio portion of the CincinnatiHamilton area. Finally, EPA finds
adequate and is approving the States’
2015 and 2020 Motor Vehicle Emission
Budgets (MVEBs) for the Ohio and
Indiana portion of the CincinnatiHamilton area.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–1767,
dagostino.kathleen@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:
Table of Contents
I. What is the background for these actions?
II. What comments did we receive on the
proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.
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I. What is the background for these
actions?
The background for today’s actions is
discussed in detail in EPA’s February
26, 2010, proposal (75 FR 8871). In that
rulemaking, we noted that, under EPA
regulations at 40 CFR part 50, the 8-hour
ozone standard is attained when the
three-year average of the annual fourthhighest daily maximum 8-hour average
ozone concentrations is less than or
equal to 0.08 ppm. (See 69 FR 23857
(April 30, 2004) for further information.)
Under the CAA, EPA may redesignate
nonattainment areas to attainment if
sufficient complete, quality-assured data
are available to determine that the area
has attained the standard and if it meets
the other CAA redesignation
requirements in section 107(d)(3)(E).
The Ohio EPA and IDEM submitted
requests to redesignate the Ohio and
Indiana portions of the CincinnatiHamilton area to attainment for the 8hour ozone standard on December 14,
2009, and January 21, 2010,
respectively. The redesignation requests
included three years of complete,
quality-assured data for the period of
2007 through 2009, indicating the 8hour NAAQS for ozone, as promulgated
in 1997, had been attained for the
Cincinnati-Hamilton area. The February
26, 2010, proposed rule provides a
detailed discussion of how Ohio and
Indiana met this and other CAA
requirements.
II. What comments did we receive on
the proposed rule?
EPA provided a 30-day review and
comment period. The comment period
closed on March 29, 2010. We received
no comments on the proposed rule.
III. What action is EPA taking?
EPA is making a determination that
the Cincinnati-Hamilton area has
attained the 1997 8-hour ozone NAAQS.
EPA is also approving the maintenance
plan SIP revisions for the Ohio and
Indiana portions of the CincinnatiHamilton area. EPA’s approval of the
maintenance plans is based on the
States’ demonstrations that the plans
meet the requirements of section 175A
of the CAA. After evaluating the
redesignation requests submitted by
Ohio and Indiana, EPA believes that the
requests meet the redesignation criteria
set forth in section 107(d)(3)(E) of the
CAA. Therefore, EPA is approving the
redesignation of the Ohio and Indiana
portions of the Cincinnati-Hamilton area
from nonattainment to attainment for
the 1997 8-hour ozone NAAQS. EPA is
also approving Ohio EPA’s 2005 base
year emissions inventory for the Ohio
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portion of the Cincinnati-Hamilton area
and IDEM’s 2002 base year emissions
inventory for Dearborn County as
meeting the requirements of section
172(c)(3) of the CAA. Finally, EPA finds
adequate and is approving the States’
2015 and 2020 MVEBs for Ohio and
Indiana portions of the CincinnatiHamilton area.
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 the state of
various requirements for this 8-hour
ozone 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 of this action.
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,
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EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. These actions do not impose
additional requirements beyond those
imposed by state law and the CAA. For
that reason, these actions:
• 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 an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
action 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
application of those requirements would
be inconsistent with the CAA; and
• 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 the SIP is
not approved to apply in Indian country
located in the state, 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
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26119
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 July 12, 2010. 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, Intergovernmental
relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: April 22, 2010.
Bharat Mathur,
Acting Regional Administrator, Region 5.
Parts 52 and 81, chapter I, title 40 of
the Code of Federal Regulations is
amended as follows:
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PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart P—Indiana
2. Section 52.777 is amended by
adding paragraphs (nn) and (oo) to read
as follows:
■
§ 52.777 Control strategy: Photochemical
oxidants (hydrocarbons).
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(nn) Approval—Indiana’s 2002
inventory satisfies the base year
emissions inventory requirements of
section 172(c)(3) of the Clean Air Act for
the Indiana portion of the CincinnatiHamilton, OH–KY–IN area under the
1997 8-hour ozone standard.
(oo) Approval—On January 21, 2010,
the Indiana Department of
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Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations
Environmental Management submitted a
request to redesignate the Indiana
portion of the Cincinnati-Hamilton,
OH–KY–IN area to attainment of the 8hour ozone NAAQS. As part of the
redesignation request, the State
submitted a maintenance plan as
required by section 175A of the Clean
Air Act. Elements of the section 175
maintenance plan include a contingency
plan and an obligation to submit a
subsequent maintenance plan revision
in 8 years as required by the Clean Air
Act. The 2015 motor vehicle emissions
budgets for the Ohio and Indiana
portions of the Cincinnati-Hamilton,
OH–KY–IN area are 31.73 tpd for VOC
and 49.00 tpd for NOX. The 2020 motor
vehicle emissions budgets for the Ohio
and Indiana portions of the area are
28.82 tpd for VOC and 34.39 tpd for
NOX.
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Subpart KK—Ohio
3. Section 52.1885 is amended by
adding paragraphs (ff)(10) and (hh)(3) to
read as follows:
■
§ 52.1885
Control strategy: Ozone.
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(ff) * * *
(10) Approval—On December 14,
2009, the Ohio Environmental
Protection Agency submitted a request
to redesignate the Ohio portion of the
Cincinnati-Hamilton, OH–KY–IN area to
attainment of the 8-hour ozone NAAQS.
As part of the redesignation request, the
State submitted a maintenance plan as
required by section 175A of the Clean
Air Act. Elements of the section 175
maintenance plan include a contingency
plan and an obligation to submit a
subsequent maintenance plan revision
in 8 years as required by the Clean Air
Act. The 2015 motor vehicle emissions
budgets for the Ohio and Indiana
portions of the Cincinnati-Hamilton,
OH–KY–IN area are 31.73 tpd for VOC
and 49.00 tpd for NOX. The 2020 motor
vehicle emissions budgets for the Ohio
and Indiana portions of the area are
28.82 tpd for VOC and 34.39 tpd for
NOX.
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(3) Approval—Ohio’s 2005 inventory
satisfies the base year emissions
inventory requirements of section
172(c)(3) of the Clean Air Act for the
Ohio portion of the CincinnatiHamilton, OH–KY–IN area under the
1997 8-hour ozone standard.
PART 81—[AMENDED]
4. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
5. Section 81.315 is amended by
revising the entry for CincinnatiHamilton, OH–KY–IN in the table
entitled ‘‘Indiana—Ozone (8-Hour
Standard)’’ to read as follows:
■
§ 81.315
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Indiana.
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INDIANA—OZONE
[8-Hour standard]
Designation a
Classification
Designated area
Date 1
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Cincinnati-Hamilton, OH–KY–IN:
Dearborn County (part) ...................
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May 11, 2010 .............................
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Date 1
Type
Type
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Attainment ..................................
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a Includes
Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
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6. Section 81.336 is amended by
revising the entry for Cincinnati-
■
§ 81.336
Hamilton, OH–KY–IN in the table
entitled ‘‘Ohio-Ozone (8-Hour
Standard)’’ to read as follows:
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Ohio.
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OHIO—OZONE
[8-Hour standard]
Designation a
Classification
Designated area
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Date 1
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Cincinnati-Hamilton, OH–KY–IN:
Butler County ..................................
Clermont County .............................
Clinton County ................................
Hamilton County ..............................
Warren County ................................
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May 11, 2010 .............................
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Date 1
Type
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Indian Country located in each county or area, except as otherwise specified.
date is June 15, 2004, unless otherwise noted.
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Attainment ..................................
a Includes
1 This
Type
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Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations
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[FR Doc. 2010–11010 Filed 5–10–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2007–1158; FRL–9147–4]
RIN 2060–AO71
Regulation of Fuels and Fuel
Additives: Alternative Affirmative
Defense Requirements for Ultra-Low
Sulfur Diesel and Gasoline Benzene
Technical Amendment
jlentini on DSKJ8SOYB1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is issuing a direct final
rule to amend the diesel sulfur
regulations to allow refiners, importers,
distributors, and retailers of highway
diesel fuel the option to use an
alternative affirmative defense if the
Agency finds highway diesel fuel
samples above the specified sulfur
standard at retail facilities. This
alternative defense consists of a
comprehensive program of quality
assurance sampling and testing that
would cover all participating companies
that produce and/or distribute highway
diesel fuel if certain other conditions are
met. The sampling and testing program
would be carried out by an independent
surveyor. The program would be
conducted pursuant to a survey plan
approved by EPA that is designed to
achieve the same objectives as the
current regulatory quality assurance
requirement. This rule also amends the
gasoline benzene regulations to allow
disqualified small refiners the same
opportunity to generate gasoline
benzene credits as that afforded to nonsmall refiners.
DATES: This rule is effective on July 12,
2010 without further notice, unless EPA
receives adverse comment by June 10,
2010. If EPA receives adverse comment,
we will publish a timely withdrawal in
the Federal Register informing the
public that this rule, or the relevant
provisions of this rule, will not take
effect. The incorporation by reference of
a certain publication listed in the
regulations is approved by the Director
of the Federal Register as of July 12,
2010.
Hearings: If EPA receives a request
from a person wishing to speak at a
public hearing by May 26, 2010, a
public hearing will be held at a time and
location to be announced in a
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16:21 May 10, 2010
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subsequent Federal Register notice. To
request to speak at a public hearing,
send a request to the contact in FOR
FURTHER INFORMATION CONTACT.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2007–1158, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: Air and Radiation Docket,
Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
• Hand Delivery: EPA Docket Center,
Room 3334, EPA West Building, 1301
Constitution Avenue, NW., Washington,
DC, Attention Air Docket ID No. EPA–
HQ–OAR–2007–1158. 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–2007–
1158. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will automatically be 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. For additional information
about EPA’s public docket, visit the EPA
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26121
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
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 Air Docket, EPA/
DC, EPA West, Room 3334, 1301
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:
Jaimee Dong, Compliance and
Innovative Strategies Division, Office of
Transportation and Air Quality, Office
of Air and Radiation, Environmental
Protection Agency, Mail Code 6405J,
1200 Pennsylvania Avenue,
Washington, DC 20460; telephone
number: (202) 343–9672; fax number:
(202) 343–2800; e-mail address:
Dong.Jaimee@epa.gov.
SUPPLEMENTARY INFORMATION:
Why is EPA using a direct final rule?
EPA is publishing this rule without a
prior proposed rule because we view
this as a noncontroversial action and
anticipate no adverse comment.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register, we
are publishing a separate document that
will serve as the proposed rule to amend
the diesel sulfur regulations and the
gasoline benzene regulations if adverse
comments are received on this direct
final rule. We do not intend to institute
a second comment period on this action.
Any parties interested in commenting
must do so at this time. For further
information about commenting on this
rule, see the ADDRESSES section of this
document.
If EPA receives adverse comment on
a distinct provision of this rulemaking,
we will publish a timely withdrawal in
the Federal Register indicating which
provisions we are withdrawing. The
provisions that are not withdrawn will
become effective on the date set out
above, notwithstanding adverse
comment on any other provision. We
will address all public comments in any
subsequent final rule based on the
proposed rule.
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]]>Agencies
[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Rules and Regulations]
[Pages 26118-26121]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11010]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2009-0928; EPA-R05-OAR-2010-0046; FRL-9147-3]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Ohio; Indiana;
Redesignation of the Ohio and Indiana Portions of the Cincinnati-
Hamilton Area to Attainment for Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the requests of Ohio and Indiana to
redesignate the Ohio and Indiana portions of the Cincinnati-Hamilton,
OH-KY-IN 8-hour ozone nonattainment area, ``the Cincinnati-Hamilton
area,'' to attainment for that standard, because these requests meet
the statutory requirements for redesignation under the Clean Air Act
(CAA). The Ohio Environmental Protection Agency (Ohio EPA) and the
Indiana Department of Environmental Management (IDEM) submitted these
requests on December 14, 2009, and January 21, 2010, respectively. (EPA
will address the Kentucky portion of the Cincinnati-Hamilton area in a
separate rulemaking action.)
These approvals involve several related actions. EPA is making a
determination under the CAA that the Cincinnati-Hamilton area has
attained the 1997 8-hour ozone National Ambient Air Quality Standard
(NAAQS). The Cincinnati-Hamilton area includes Butler, Clermont,
Clinton, Hamilton, and Warren Counties in Ohio, Lawrenceburg Township
in Dearborn County, Indiana, and Boone, Campbell, and Kenton Counties
in Kentucky. This determination is based on three years of complete,
quality-assured ambient air quality monitoring data for the 2007-2009
ozone seasons that demonstrate that the 8-hour ozone NAAQS has been
attained in the entire Cincinnati-Hamilton area. EPA is also approving,
as revisions to the Ohio and Indiana State Implementation Plans (SIPs),
the States' plans for maintaining the 8-hour ozone NAAQS through 2020
in the area.
EPA is approving the 2002 base year emissions inventory submitted
by IDEM on June 13, 2007, as meeting the base year emissions inventory
requirement of the CAA for the Indiana portion of the Cincinnati-
Hamilton area. EPA is approving the 2005 base year emissions inventory
submitted by Ohio EPA as part of its redesignation request as meeting
the base year emissions inventory requirements of the CAA for the Ohio
portion of the Cincinnati-Hamilton area. Finally, EPA finds adequate
and is approving the States' 2015 and 2020 Motor Vehicle Emission
Budgets (MVEBs) for the Ohio and Indiana portion of the Cincinnati-
Hamilton area.
DATES: This final rule is effective May 11, 2010.
ADDRESSES: EPA has established dockets for this action: Docket ID No.
EPA-R05-OAR-2009-0928 and ID No. EPA-R05-OAR-2010-0046. 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 in www.regulations.gov or
in hard copy at the Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
This facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We recommend that you telephone
Kathleen D'Agostino, Environmental Engineer, at (312) 886-1767 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-1767,
dagostino.kathleen@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:
Table of Contents
I. What is the background for these actions?
II. What comments did we receive on the proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.
I. What is the background for these actions?
The background for today's actions is discussed in detail in EPA's
February 26, 2010, proposal (75 FR 8871). In that rulemaking, we noted
that, under EPA regulations at 40 CFR part 50, the 8-hour ozone
standard is attained when the three-year average of the annual fourth-
highest daily maximum 8-hour average ozone concentrations is less than
or equal to 0.08 ppm. (See 69 FR 23857 (April 30, 2004) for further
information.) Under the CAA, EPA may redesignate nonattainment areas to
attainment if sufficient complete, quality-assured data are available
to determine that the area has attained the standard and if it meets
the other CAA redesignation requirements in section 107(d)(3)(E).
The Ohio EPA and IDEM submitted requests to redesignate the Ohio
and Indiana portions of the Cincinnati-Hamilton area to attainment for
the 8-hour ozone standard on December 14, 2009, and January 21, 2010,
respectively. The redesignation requests included three years of
complete, quality-assured data for the period of 2007 through 2009,
indicating the 8-hour NAAQS for ozone, as promulgated in 1997, had been
attained for the Cincinnati-Hamilton area. The February 26, 2010,
proposed rule provides a detailed discussion of how Ohio and Indiana
met this and other CAA requirements.
II. What comments did we receive on the proposed rule?
EPA provided a 30-day review and comment period. The comment period
closed on March 29, 2010. We received no comments on the proposed rule.
III. What action is EPA taking?
EPA is making a determination that the Cincinnati-Hamilton area has
attained the 1997 8-hour ozone NAAQS. EPA is also approving the
maintenance plan SIP revisions for the Ohio and Indiana portions of the
Cincinnati-Hamilton area. EPA's approval of the maintenance plans is
based on the States' demonstrations that the plans meet the
requirements of section 175A of the CAA. After evaluating the
redesignation requests submitted by Ohio and Indiana, EPA believes that
the requests meet the redesignation criteria set forth in section
107(d)(3)(E) of the CAA. Therefore, EPA is approving the redesignation
of the Ohio and Indiana portions of the Cincinnati-Hamilton area from
nonattainment to attainment for the 1997 8-hour ozone NAAQS. EPA is
also approving Ohio EPA's 2005 base year emissions inventory for the
Ohio
[[Page 26119]]
portion of the Cincinnati-Hamilton area and IDEM's 2002 base year
emissions inventory for Dearborn County as meeting the requirements of
section 172(c)(3) of the CAA. Finally, EPA finds adequate and is
approving the States' 2015 and 2020 MVEBs for Ohio and Indiana portions
of the Cincinnati-Hamilton area.
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 the state of various requirements
for this 8-hour ozone 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 of this action.
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.
These actions do not impose additional requirements beyond those
imposed by state law and the CAA. For that reason, these actions:
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 an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action 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 application of those requirements would be inconsistent
with the CAA; and
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 the SIP is not approved to apply in Indian country located in
the state, 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 July 12, 2010. 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, Intergovernmental
relations, Nitrogen oxides, Ozone, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: April 22, 2010.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations
is 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 P--Indiana
0
2. Section 52.777 is amended by adding paragraphs (nn) and (oo) to read
as follows:
Sec. 52.777 Control strategy: Photochemical oxidants (hydrocarbons).
* * * * *
(nn) Approval--Indiana's 2002 inventory satisfies the base year
emissions inventory requirements of section 172(c)(3) of the Clean Air
Act for the Indiana portion of the Cincinnati-Hamilton, OH-KY-IN area
under the 1997 8-hour ozone standard.
(oo) Approval--On January 21, 2010, the Indiana Department of
[[Page 26120]]
Environmental Management submitted a request to redesignate the Indiana
portion of the Cincinnati-Hamilton, OH-KY-IN area to attainment of the
8-hour ozone NAAQS. As part of the redesignation request, the State
submitted a maintenance plan as required by section 175A of the Clean
Air Act. Elements of the section 175 maintenance plan include a
contingency plan and an obligation to submit a subsequent maintenance
plan revision in 8 years as required by the Clean Air Act. The 2015
motor vehicle emissions budgets for the Ohio and Indiana portions of
the Cincinnati-Hamilton, OH-KY-IN area are 31.73 tpd for VOC and 49.00
tpd for NOX. The 2020 motor vehicle emissions budgets for
the Ohio and Indiana portions of the area are 28.82 tpd for VOC and
34.39 tpd for NOX.
* * * * *
Subpart KK--Ohio
0
3. Section 52.1885 is amended by adding paragraphs (ff)(10) and (hh)(3)
to read as follows:
Sec. 52.1885 Control strategy: Ozone.
* * * * *
(ff) * * *
(10) Approval--On December 14, 2009, the Ohio Environmental
Protection Agency submitted a request to redesignate the Ohio portion
of the Cincinnati-Hamilton, OH-KY-IN area to attainment of the 8-hour
ozone NAAQS. As part of the redesignation request, the State submitted
a maintenance plan as required by section 175A of the Clean Air Act.
Elements of the section 175 maintenance plan include a contingency plan
and an obligation to submit a subsequent maintenance plan revision in 8
years as required by the Clean Air Act. The 2015 motor vehicle
emissions budgets for the Ohio and Indiana portions of the Cincinnati-
Hamilton, OH-KY-IN area are 31.73 tpd for VOC and 49.00 tpd for
NOX. The 2020 motor vehicle emissions budgets for the Ohio
and Indiana portions of the area are 28.82 tpd for VOC and 34.39 tpd
for NOX.
* * * * *
(hh) * * *
(3) Approval--Ohio's 2005 inventory satisfies the base year
emissions inventory requirements of section 172(c)(3) of the Clean Air
Act for the Ohio portion of the Cincinnati-Hamilton, OH-KY-IN area
under the 1997 8-hour ozone standard.
PART 81--[AMENDED]
0
4. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
5. Section 81.315 is amended by revising the entry for Cincinnati-
Hamilton, OH-KY-IN in the table entitled ``Indiana--Ozone (8-Hour
Standard)'' to read as follows:
Sec. 81.315 Indiana.
* * * * *
Indiana--Ozone
[8-Hour standard]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Cincinnati-Hamilton, OH-KY-IN:
Dearborn County (part)........ May 11, 2010......... 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.
* * * * *
0
6. Section 81.336 is amended by revising the entry for Cincinnati-
Hamilton, OH-KY-IN in the table entitled ``Ohio-Ozone (8-Hour
Standard)'' to read as follows:
Sec. 81.336 Ohio.
* * * * *
Ohio--Ozone
[8-Hour standard]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Cincinnati-Hamilton, OH-KY-IN:
Butler County................. May 11, 2010......... Attainment...........
Clermont County...............
Clinton County................
Hamilton County...............
Warren County.................
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
[[Page 26121]]
* * * * *
[FR Doc. 2010-11010 Filed 5-10-10; 8:45 am]
BILLING CODE 6560-50-P
