Approval and Promulgation of Air Quality Implementation Plans; Ohio and West Virginia; Determinations of Attainment of the 1997 Annual Fine Particle Standard for Four Nonattainment Areas, 56641-56644 [2011-23367]
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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Rules and Regulations
The regulations in 33 CFR
165.931 will be enforced at various
times and on various dates between
9:15 on September 10, 2011 to 9:15 p.m.
October 29, 2011.
Dated: August 31, 2011.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
If
you have questions on this notice, call
or e-mail BM1 Adam Kraft, Prevention
Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI at 414–747–
7154, e-mail Adam.D.Kraft@uscg.mil.
BILLING CODE 9110–04–P
DATES:
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the Safety Zone;
Chicago Harbor, Navy Pier Southeast,
Chicago, IL listed in 33 CFR 165.931 for
the following events:
(1) Navy Pier Fireworks; on September
10, 2011 from 9:15 p.m. through 10:30
p.m.; on September 21 from 8:45 p.m.
through 9:20 p.m.; October 1, 2011 from
8:45 p.m. through 9:15 p.m.; on October
8, 2011 from 8:45 p.m. through 9:15
p.m.; on October 15, 2011 from 8:45
p.m. through 9:15 p.m.; on October 22,
2011 from 8:45 p.m. through 9:15 p.m.;
and on October 29, 2011 from 8:45 p.m.
through 9:15 p.m.
All vessels must obtain permission
from the Captain of the Port, Sector Lake
Michigan, or his or her on-scene
representative to enter, move within or
exit the safety zone. Vessels and persons
granted permission to enter the safety
zone shall obey all lawful orders or
directions of the Captain of the Port,
Sector Lake Michigan, or his or her onscene representative. While within a
safety zone, all vessels shall operate at
the minimum speed necessary to
maintain a safe course.
This notice is issued under authority
of 33 CFR 165.931 and 5 U.S.C. 552(a).
In addition to this notice in the Federal
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or Local Notice to Mariners. The
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to Mariners notifying the public when
enforcement of the safety zone
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Michigan, determines that the safety
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SUPPLEMENTARY INFORMATION:
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[FR Doc. 2011–23463 Filed 9–13–11; 8:45 am]
56641
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays. We recommend that
you telephone Carolyn Persoon,
Environmental Engineer, at (312) 353–
8290, before visiting the Region 5 office.
In
Region 5, Carolyn Persoon,
Environmental Engineer, Control
Strategies Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 353–8290,
persoon.carolyn@epa.gov. In Region 3,
Irene Shandruk, Office of Air Program
Planning (3AP30), U.S. Environmental
Protection Agency, Region 3, 1650 Arch
Street, Philadelphia, PA 19103–2029,
(215) 814–2166,
shandruk.irene@epa.gov.
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2010–0393; FRL–9463–1]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio
and West Virginia; Determinations of
Attainment of the 1997 Annual Fine
Particle Standard for Four
Nonattainment Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action
determining that the fine particulate
matter (PM2.5) nonattainment areas of
Cleveland-Akron, Columbus, DaytonSpringfield, and Steubenville-Weirton
(hereafter referred to as ‘‘Areas’’) have
attained the 1997 annual average PM2.5
National Ambient Air Quality Standard
(NAAQS) under the Clean Air Act
(CAA). EPA is also determining, based
on quality-assured, quality-controlled,
and certified ambient air monitoring
data for the 2007–2009 monitoring
period, that these Areas have attained
the 1997 annual PM2.5 NAAQS by the
applicable attainment date of April 5,
2010.
DATES: This final rule is effective on
October 14, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2010–0393. All
documents in the docket are listed on
the https://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
https://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
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What action is EPA taking?
II. What are the effects of this action?
III. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is making the final determination
that three Ohio nonattainment areas (the
Cleveland-Akron, the Columbus, and
the Dayton-Springfield areas) and one
Ohio-West Virginia bi-state area (the
Steubenville-Weirton area) have
attained the 1997 annual PM2.5 NAAQS.
EPA’s determination is based upon the
most recent three years of complete,
quality-assured, quality-controlled, and
certified ambient air monitoring data for
the Areas showing that they have
monitored attainment of the 1997
annual PM2.5 NAAQS based on the
2007–2009 data as well as the 2008–
2010 data (see Table 1). EPA is also
making the final determination, in
accordance with EPA’s PM2.5
Implementation Rule of April 25, 2007
(72 FR 20664), that the Areas have
attained the 1997 annual PM2.5 NAAQS
by their applicable attainment date of
April 5, 2010.
EPA published in the Federal
Register its proposed determination for
the four nonattainment Areas on May
17, 2011 (76 FR 28393). A detailed
discussion of the rationale for the
determination, and the effect of the
determination, was included in the
proposal. EPA received no comments on
the proposed rule.
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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Rules and Regulations
TABLE 1—ANNUAL PM2.5 DESIGN VALUES FOR OHIO (CLEVELAND-AKRON, COLUMBUS, DAYTON-SPRINGFIELD, AND
STEUBENVILLE-WEIRTON) AREA MONITORS WITH COMPLETE DATA FOR 2007 TO 2009 IN μG/M3
State
County
Annual design
value 2007–
2009
(μg/m3)
Annual design
value 2008–
2010
(μg/m3)
39–035–0034
39–035–0038
39–035–0045
39–035–0060
39–035–0065
39–035–1002
39–093–3002
39–103–0003
39–133–0002
39–153–0017
39–153–0023
11.6
14.4
13.6
14.1
14.3
12.1
11.4
11.8
12.3
13.7
12.7
10.7
13.6
12.9
13.4
13.4
11.4
10.6
11.1
11.5
13.2
12.3
39–049–0024
39–049–0025
39–049–0081
13.0
12.9
11.7
12.5
12.1
11.2
39–023–0005
39–057–0005
39–113–0032
13.2
12.1
13.7
12.1
13.2
39–081–0017
39–081–1001
54–009–0005
54–009–0011
59–029–1004
14.2
13.6
14.4
14.0
13.4
13.0
12.7
13.7
13.1
12.4
Monitor
Cleveland-Akron
OH ..........................................
Cuyahoga ................................................................................
Lorain ......................................................................................
Medina ....................................................................................
Portage ...................................................................................
Summit ....................................................................................
Columbus
OH ..........................................
Franklin ...................................................................................
Dayton-Springfield
OH ..........................................
Clark ........................................................................................
Greene ....................................................................................
Montgomery ............................................................................
Steubenville-Weirton
OH ..........................................
Jefferson .................................................................................
WV ..........................................
Brooke .....................................................................................
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Hancock ..................................................................................
II. What are the effects of this action?
EPA’s determination of attainment,
based on the most recent three years of
quality-assured, quality-controlled, and
certified ambient air monitoring data
suspends the requirements for the
Cleveland-Akron, Columbus, DaytonSpringfield, and Steubenville-Weirton
PM2.5 nonattainment areas from
submitting attainment demonstrations,
RACM (including RACT), RFP plans,
contingency measures, and other
planning SIP revisions related to
attainment of the 1997 annual PM2.5
NAAQS for so long as the Areas
continue to attain the 1997 annual PM2.5
NAAQS.
Specifically, the determination of
attainment for the Cleveland-Akron,
Columbus, Dayton-Springfield, and
Steubenville-Weirton PM2.5
nonattainment areas (1) Suspend the
states’ obligation for Ohio and West
Virginia to submit the requirements
listed above; (2) continue such
suspension until such time, if any, that
EPA subsequently determines that any
monitor in the area has violated the
1997 annual PM2.5 NAAQS; and (3) be
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separate from any future designation
determination or requirements for the
Cleveland-Akron, Columbus, DaytonSpringfield, and Steubenville-Weirton
PM2.5 nonattainment areas based on the
2006 PM2.5 NAAQS or future PM2.5
NAAQ revision.
Finalizing this action does not
constitute a redesignation of the Areas
to attainment for the 1997 annual PM2.5
NAAQS under CAA section 107(d)(3).
Further, finalizing this action does not
involve approving maintenance plans
for the Areas, nor does it involve a
determination that the Cleveland-Akron,
Columbus, Dayton-Springfield, and
Steubenville-Weirton PM2.5
nonattainment areas have met all the
requirements for redesignation under
the CAA. Therefore, the designation
status of the portions of the ClevelandAkron, Columbus, Dayton-Springfield,
and Steubenville-Weirton PM2.5
nonattainment areas will remain
nonattainment for the 1997 annual
PM2.5 NAAQS until such time as EPA
takes final rulemaking action to
determine that such portions meet the
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CAA requirements for redesignation to
attainment.
In addition, EPA is finalizing a
separate and independent determination
that these Areas have attained the 1997
annual PM2.5 standard by the applicable
attainment date (April 5, 2010), thereby
satisfying EPA’s requirement pursuant
to section 179(c)(1) of the CAA to make
a determination of whether the Areas
attained the standard by the applicable
attainment date.
This action described above makes
determinations regarding the ClevelandAkron, Columbus, Dayton-Springfield,
and Steubenville-Weirton areas’
attainment only with respect to the 1997
annual PM2.5 NAAQS. Today’s action
does not address the 24-hour PM2.5
NAAQS.
III. Statutory and Executive Order
Reviews
This action makes determinations of
attainment based on air quality, and will
result in the suspension of certain
Federal requirements, and will not
impose additional requirements beyond
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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Rules and Regulations
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this 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
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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 November 14, 2011. 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 in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
Dated: July 29, 2011.
Susan Hedman,
Regional Administrator, Region 5.
Dated: August 10, 2011.
W.C. Early,
Acting Regional Administrator, Region 3.
40 CFR part 52 is amended as follows:
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart KK—Ohio
2. Section 52.1880 is amended by
adding paragraph (n) to read as follows:
■
Control strategy: Particulate
*
*
*
*
*
(n) Determination of Attainment. EPA
has determined, as of September 14,
2011, that based on 2007 to 2009
ambient air quality data, the ClevelandAkron, Columbus, Dayton-Springfield,
and Steubenville-Weirton
nonattainment areas have attained the
1997 annual PM2.5 NAAQS. This
determination, in accordance with 40
CFR 52.1004(c), suspends the
requirements for these areas to submit
attainment demonstrations, associated
reasonably available control measures,
reasonable further progress plans,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as these areas
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continue to meet the 1997 annual PM2.5
NAAQS.
3. Section 52.1892 is amended by
redesignating the existing paragraph as
paragraph (a) and by adding paragraph
(b) to read as follows:
■
§ 52.1892
Determination of attainment.
*
*
*
*
*
(b) Based upon EPA’s review of the air
quality data for the 3-year period 2007
to 2009, EPA determined that the
Cleveland-Akron, Columbus, DaytonSpringfield, and Steubenville-Weirton
fine particle (PM2.5) nonattainment areas
attained the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS)
by the applicable attainment date of
April 5, 2010. Therefore, EPA has met
the requirement pursuant to CAA
section 179(c) to determine, based on
the area’s air quality as of the attainment
date, whether the area attained the
standard. EPA also determined that the
Cleveland-Akron, Columbus, DaytonSpringfield, and Steubenville-Weirton
PM2.5 nonattainment areas are not
subject to the consequences of failing to
attain pursuant to section 179(d).
Subpart XX—West Virginia
4. Section 52.2526 is amended by
adding paragraph (d) to read as follows:
■
§ 52.2526
matter.
Control strategy: Particulate
*
PART 52—[AMENDED]
§ 52.1880
matter.
56643
*
*
*
*
(d) Determination of Attainment. EPA
has determined, as of September 14,
2011, that based on 2007 to 2009
ambient air quality data, the
Steubenville-Weirton nonattainment
area has attained the 1997 annual PM2.5
NAAQS. This determination, in
accordance with 40 CFR 52.1004(c),
suspends the requirements for this area
to submit an attainment demonstration,
associated reasonably available control
measures, a reasonable further progress
plan, contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 1997 annual PM2.5
NAAQS.
5. Section 52.2527 is amended by
redesignating the existing paragraph as
paragraph (a) and by adding paragraph
(b) to read as follows:
■
§ 52.2527
Determination of attainment.
*
*
*
*
*
(b) Based upon EPA’s review of the air
quality data for the 3-year period 2007
to 2009, EPA determined that the
Steubenville-Weirton fine particle
(PM2.5) nonattainment area attained the
1997 annual PM2.5 National Ambient
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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Rules and Regulations
Air Quality Standard (NAAQS) by the
applicable attainment date of April 5,
2010. Therefore, EPA has met the
requirement pursuant to CAA section
179(c) to determine, based on the area’s
air quality as of the attainment date,
whether the area attained the standard.
EPA also determined that the
Steubenville-Weirton PM2.5
nonattainment area is not subject to the
consequences of failing to attain
pursuant to section 179(d).
[FR Doc. 2011–23367 Filed 9–13–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2011–0684; FRL–8887–2]
I. General Information
Sulfur Dioxide; Pesticide Tolerances
for Emergency Exemptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes a
time-limited tolerance for residues of
sulfur dioxide in or on fig. This action
is associated with the utilization of a
crisis exemption under section 18 of the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) authorizing
use of the pesticide on figs. This
regulation establishes a maximum
permissible level for residues of sulfur
dioxide, including its metabolites and
degradates (determined by measuring
only sulfur dioxide (SO2)), in or on fig
at 10 parts per million (ppm). This timelimited tolerance expires on December
31, 2014.
DATES: This regulation is effective
September 14, 2011. Objections and
requests for hearings must be received
on or before November 14, 2011, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2011–0684. All documents in the
docket are listed in the docket index
available in https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., 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.
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SUMMARY:
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Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Libby Pemberton, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9364; e-mail address:
pemberton.libby@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under section 408(g) of the Federal
Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, any person may file an
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objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2011–0684 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before November 14, 2011. Addresses
for mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit a copy of
your non-CBI objection or hearing
request, identified by docket ID number
EPA–HQ–OPP–2011–0684, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
II. Background and Statutory Findings
EPA, on its own initiative, in
accordance with sections 408(e) and
408(l)(6) of FFDCA, 21 U.S.C. 346a(e)
and 346a(1)(6), is establishing a timelimited tolerance for residues of sulfur
dioxide, including its metabolites and
degradates (determined by measuring
only sulfur dioxide (SO2)), at 10 ppm.
This time-limited tolerance is effective
until December 31, 2014.
Section 408(l)(6) of FFDCA requires
EPA to establish a time-limited
tolerance or exemption from the
requirement for a tolerance for pesticide
chemical residues in food that will
result from the use of a pesticide under
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]]>Agencies
[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Rules and Regulations]
[Pages 56641-56644]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23367]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0393; FRL-9463-1]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio and West Virginia; Determinations of Attainment of the 1997 Annual
Fine Particle Standard for Four Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action determining that the fine
particulate matter (PM2.5) nonattainment areas of Cleveland-
Akron, Columbus, Dayton-Springfield, and Steubenville-Weirton
(hereafter referred to as ``Areas'') have attained the 1997 annual
average PM2.5 National Ambient Air Quality Standard (NAAQS)
under the Clean Air Act (CAA). EPA is also determining, based on
quality-assured, quality-controlled, and certified ambient air
monitoring data for the 2007-2009 monitoring period, that these Areas
have attained the 1997 annual PM2.5 NAAQS by the applicable
attainment date of April 5, 2010.
DATES: This final rule is effective on October 14, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2010-0393. All documents in the docket are listed on
the https://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 https://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 Carolyn
Persoon, Environmental Engineer, at (312) 353-8290, before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: In Region 5, Carolyn Persoon,
Environmental Engineer, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8290,
persoon.carolyn@epa.gov. In Region 3, Irene Shandruk, Office of Air
Program Planning (3AP30), U.S. Environmental Protection Agency, Region
3, 1650 Arch Street, Philadelphia, PA 19103-2029, (215) 814-2166,
shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What action is EPA taking?
II. What are the effects of this action?
III. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is making the final determination that three Ohio nonattainment
areas (the Cleveland-Akron, the Columbus, and the Dayton-Springfield
areas) and one Ohio-West Virginia bi-state area (the Steubenville-
Weirton area) have attained the 1997 annual PM2.5 NAAQS.
EPA's determination is based upon the most recent three years of
complete, quality-assured, quality-controlled, and certified ambient
air monitoring data for the Areas showing that they have monitored
attainment of the 1997 annual PM2.5 NAAQS based on the 2007-
2009 data as well as the 2008-2010 data (see Table 1). EPA is also
making the final determination, in accordance with EPA's
PM2.5 Implementation Rule of April 25, 2007 (72 FR 20664),
that the Areas have attained the 1997 annual PM2.5 NAAQS by
their applicable attainment date of April 5, 2010.
EPA published in the Federal Register its proposed determination
for the four nonattainment Areas on May 17, 2011 (76 FR 28393). A
detailed discussion of the rationale for the determination, and the
effect of the determination, was included in the proposal. EPA received
no comments on the proposed rule.
[[Page 56642]]
Table 1--Annual PM2.5 Design Values for Ohio (Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-
Weirton) Area Monitors With Complete Data for 2007 to 2009 in [mu]g/m\3\
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Annual design Annual design
value 2007- value 2008-
State County Monitor 2009 ([mu]g/ 2010 ([mu]g/
m\3\) m\3\)
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Cleveland-Akron
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OH.................................... Cuyahoga................ 39-035-0034 11.6 10.7
39-035-0038 14.4 13.6
39-035-0045 13.6 12.9
39-035-0060 14.1 13.4
39-035-0065 14.3 13.4
39-035-1002 12.1 11.4
Lorain.................. 39-093-3002 11.4 10.6
Medina.................. 39-103-0003 11.8 11.1
Portage................. 39-133-0002 12.3 11.5
Summit.................. 39-153-0017 13.7 13.2
39-153-0023 12.7 12.3
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Columbus
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OH.................................... Franklin................ 39-049-0024 13.0 12.5
39-049-0025 12.9 12.1
39-049-0081 11.7 11.2
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Dayton-Springfield
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OH.................................... Clark................... 39-023-0005 13.2
Greene.................. 39-057-0005 12.1 12.1
Montgomery.............. 39-113-0032 13.7 13.2
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Steubenville-Weirton
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OH.................................... Jefferson............... 39-081-0017 14.2 13.0
39-081-1001 13.6 12.7
WV.................................... Brooke.................. 54-009-0005 14.4 13.7
54-009-0011 14.0 13.1
Hancock................. 59-029-1004 13.4 12.4
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II. What are the effects of this action?
EPA's determination of attainment, based on the most recent three
years of quality-assured, quality-controlled, and certified ambient air
monitoring data suspends the requirements for the Cleveland-Akron,
Columbus, Dayton-Springfield, and Steubenville-Weirton PM2.5
nonattainment areas from submitting attainment demonstrations, RACM
(including RACT), RFP plans, contingency measures, and other planning
SIP revisions related to attainment of the 1997 annual PM2.5
NAAQS for so long as the Areas continue to attain the 1997 annual
PM2.5 NAAQS.
Specifically, the determination of attainment for the Cleveland-
Akron, Columbus, Dayton-Springfield, and Steubenville-Weirton
PM2.5 nonattainment areas (1) Suspend the states' obligation
for Ohio and West Virginia to submit the requirements listed above; (2)
continue such suspension until such time, if any, that EPA subsequently
determines that any monitor in the area has violated the 1997 annual
PM2.5 NAAQS; and (3) be separate from any future designation
determination or requirements for the Cleveland-Akron, Columbus,
Dayton-Springfield, and Steubenville-Weirton PM2.5
nonattainment areas based on the 2006 PM2.5 NAAQS or future
PM2.5 NAAQ revision.
Finalizing this action does not constitute a redesignation of the
Areas to attainment for the 1997 annual PM2.5 NAAQS under
CAA section 107(d)(3). Further, finalizing this action does not involve
approving maintenance plans for the Areas, nor does it involve a
determination that the Cleveland-Akron, Columbus, Dayton-Springfield,
and Steubenville-Weirton PM2.5 nonattainment areas have met
all the requirements for redesignation under the CAA. Therefore, the
designation status of the portions of the Cleveland-Akron, Columbus,
Dayton-Springfield, and Steubenville-Weirton PM2.5
nonattainment areas will remain nonattainment for the 1997 annual
PM2.5 NAAQS until such time as EPA takes final rulemaking
action to determine that such portions meet the CAA requirements for
redesignation to attainment.
In addition, EPA is finalizing a separate and independent
determination that these Areas have attained the 1997 annual
PM2.5 standard by the applicable attainment date (April 5,
2010), thereby satisfying EPA's requirement pursuant to section
179(c)(1) of the CAA to make a determination of whether the Areas
attained the standard by the applicable attainment date.
This action described above makes determinations regarding the
Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-Weirton
areas' attainment only with respect to the 1997 annual PM2.5
NAAQS. Today's action does not address the 24-hour PM2.5
NAAQS.
III. Statutory and Executive Order Reviews
This action makes determinations of attainment based on air
quality, and will result in the suspension of certain Federal
requirements, and will not impose additional requirements beyond
[[Page 56643]]
those imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this 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 November 14, 2011. 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
Dated: July 29, 2011.
Susan Hedman,
Regional Administrator, Region 5.
Dated: August 10, 2011.
W.C. Early,
Acting Regional Administrator, Region 3.
40 CFR part 52 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 KK--Ohio
0
2. Section 52.1880 is amended by adding paragraph (n) to read as
follows:
Sec. 52.1880 Control strategy: Particulate matter.
* * * * *
(n) Determination of Attainment. EPA has determined, as of
September 14, 2011, that based on 2007 to 2009 ambient air quality
data, the Cleveland-Akron, Columbus, Dayton-Springfield, and
Steubenville-Weirton nonattainment areas have attained the 1997 annual
PM2.5 NAAQS. This determination, in accordance with 40 CFR
52.1004(c), suspends the requirements for these areas to submit
attainment demonstrations, associated reasonably available control
measures, reasonable further progress plans, contingency measures, and
other planning SIPs related to attainment of the standard for as long
as these areas continue to meet the 1997 annual PM2.5 NAAQS.
0
3. Section 52.1892 is amended by redesignating the existing paragraph
as paragraph (a) and by adding paragraph (b) to read as follows:
Sec. 52.1892 Determination of attainment.
* * * * *
(b) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Cleveland-Akron, Columbus,
Dayton-Springfield, and Steubenville-Weirton fine particle
(PM2.5) nonattainment areas attained the 1997 annual
PM2.5 National Ambient Air Quality Standard (NAAQS) by the
applicable attainment date of April 5, 2010. Therefore, EPA has met the
requirement pursuant to CAA section 179(c) to determine, based on the
area's air quality as of the attainment date, whether the area attained
the standard. EPA also determined that the Cleveland-Akron, Columbus,
Dayton-Springfield, and Steubenville-Weirton PM2.5
nonattainment areas are not subject to the consequences of failing to
attain pursuant to section 179(d).
Subpart XX--West Virginia
0
4. Section 52.2526 is amended by adding paragraph (d) to read as
follows:
Sec. 52.2526 Control strategy: Particulate matter.
* * * * *
(d) Determination of Attainment. EPA has determined, as of
September 14, 2011, that based on 2007 to 2009 ambient air quality
data, the Steubenville-Weirton nonattainment area has attained the 1997
annual PM2.5 NAAQS. This determination, in accordance with
40 CFR 52.1004(c), suspends the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long
as this area continues to meet the 1997 annual PM2.5 NAAQS.
0
5. Section 52.2527 is amended by redesignating the existing paragraph
as paragraph (a) and by adding paragraph (b) to read as follows:
Sec. 52.2527 Determination of attainment.
* * * * *
(b) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Steubenville-Weirton fine
particle (PM2.5) nonattainment area attained the 1997 annual
PM2.5 National Ambient
[[Page 56644]]
Air Quality Standard (NAAQS) by the applicable attainment date of April
5, 2010. Therefore, EPA has met the requirement pursuant to CAA section
179(c) to determine, based on the area's air quality as of the
attainment date, whether the area attained the standard. EPA also
determined that the Steubenville-Weirton PM2.5 nonattainment
area is not subject to the consequences of failing to attain pursuant
to section 179(d).
[FR Doc. 2011-23367 Filed 9-13-11; 8:45 am]
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