Approval and Promulgation of Air Quality Implementation Plans; Ohio; Redesignation of the Ohio Portions of the Parkersburg-Marietta and Wheeling Areas to Attainment of the 1997 Annual Fine Particulate Matter Standard, 53275-53277 [2013-20660]
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Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations
MICHIGAN—PM2.5 (24-HOUR NAAQS)—Continued
Designation for the 1997 NAAQS a
Designation for the 2006
NAAQS a
Designated area
Date 1
*
*
*
Type
*
Date 2
*
*
Type
*
a Includes
Indian Country located in each county or area, except as otherwise specified.
1 This date is 90 days after January 5, 2005, unless otherwise noted.
2 This date is 30 days after November 13, 2009, unless otherwise noted.
*
*
*
*
*
[FR Doc. 2013–21020 Filed 8–28–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2012–0212, EPA–R05–
OAR–2012–0338; FRL–9900–28–Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Redesignation of the Ohio Portions of
the Parkersburg-Marietta and Wheeling
Areas to Attainment of the 1997 Annual
Fine Particulate Matter Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking several related
actions under the Clean Air Act (CAA)
affecting the state of Ohio and the Ohio
portions of the Parkersburg-Marietta and
Wheeling, West Virginia-Ohio areas for
the 1997 annual fine particulate matter
(PM2.5) national ambient air quality
standard (NAAQS or standard). EPA is
approving requests from the state of
Ohio to redesignate the Ohio portions of
the Parkersburg-Marietta and Wheeling
areas to attainment of the 1997 annual
PM2.5 standard. EPA is approving, as a
revision to the Ohio state
implementation plan (SIP), the state’s
plans for maintaining the 1997 annual
PM2.5 standard in those areas through
2023. EPA is determining the
insignificance of the motor vehicle
emission budgets (MVEBs) for purposes
of transportation conformity in those
areas. EPA is approving the
comprehensive inventories submitted
by Ohio for the oxides of nitrogen
(NOX), primary PM2.5, and sulfur
dioxide (SO2), ammonia and volatile
organic compounds (VOC) in the
Parkersburg-Marietta area (Washington
County), and in the Wheeling area
(Belmont County) as meeting the
requirements of the CAA. Finally, EPA
is determining that the areas continue to
maintain the 1997 annual PM2.5
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SUMMARY:
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standard based on certified 2009–2011
air quality data.
DATES: This final rule is effective August
29, 2013.
ADDRESSES: EPA has established dockets
for this action: Docket ID Nos. EPA–
R05–OAR–2012–0212 (ParkersburgMarietta) and EPA–R05–OAR–2012–
0338 (Wheeling). All documents in the
dockets 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 Anthony Maietta,
Environmental Protection Specialist, at
(312) 353–8777, before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
maietta.anthony@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 the actions?
II. What actions is EPA taking?
III. Statutory and Executive Order Reviews
I. What is the background for the
actions?
On December 2, 2011 (76 FR 75464),
EPA issued a final determination that
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Fmt 4700
Sfmt 4700
the Parkersburg-Marietta and Wheeling
nonattainment areas were attaining the
1997 annual PM2.5 standard.
On February 29, 2012, Ohio submitted
its request to redesignate the Ohio
portion of Parkersburg-Marietta
(Washington County) to attainment of
the 1997 annual PM2.5 standard. On
April 16, 2012, Ohio submitted its
request to redesignate the Ohio portion
of Wheeling (Belmont County) to
attainment of the 1997 annual PM2.5
standard. These redesignation requests
are based on 2008–2010 monitoring data
showing attainment of the 1997 annual
PM2.5 standard.
On November 30, 2012 (77 FR 71383,
77 FR 71371), EPA published notices
proposing to approve Ohio’s requests to
redesignate the Ohio portions of the
Parkersburg-Marietta and Wheeling
areas to attainment of the 1997 annual
PM2.5 standard. These rulemaking
notices also proposed to approve Ohio’s
PM2.5 maintenance plan, 2005 NOX,
SO2, and primary PM2.5 emission
inventories for Washington and Belmont
Counties, and proposed to determine
the insignificance of the 2022 NOX and
PM2.5 MVEBs for Washington and
Belmont Counties. These rulemaking
notices also proposed to determine that
the Ohio portions of the ParkersburgMarietta and Wheeling areas continue to
attain the 1997 PM2.5 annual standard
based on certified 2009–2011 air quality
data. For each proposed action, one
supportive comment was received from
the Ohio Utility Group, and no adverse
comments were received.
On April 30, 2013, Ohio provided
ammonia and VOC emissions
inventories to EPA to supplement the
February 29, 2012, and April 16, 2012,
requests for redesignation.
On June 26, 2013 (78 FR 38256, 78 FR
38247), EPA published supplemental
notices proposing to determine that the
Ohio portions of Parkersburg-Marietta
and Wheeling continue to attain the
1997 annual standard and have met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA. EPA
received one supportive comment from
the Ohio Utility Group on the
supplemental notice for the Ohio
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Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
portion of the Wheeling area, and
received no adverse comments.
II. What actions is EPA taking?
After reviewing Ohio’s redesignation
requests, EPA has determined that the
requests meet the criteria set forth in
section 107(d)(3)(E) of the CAA.
Therefore, EPA is approving the
redesignation of the Ohio portion of the
Parkersburg-Marietta area (Washington
County) and the Ohio portion of the
Wheeling area (Belmont County) to
attainment for the 1997 annual PM2.5
standard. EPA is also approving Ohio’s
PM2.5 maintenance plans for these areas
as a revision to the Ohio SIP based on
Ohio’s demonstration that the plan
meets the requirements of section 175A
of the CAA. In addition, EPA is
approving the 2005 NOX, SO2, and
PM2.5 emission inventories and 2007/
2008 ammonia and VOC emission
inventories for Washington and Belmont
Counties as meeting the requirement for
emission inventories contained in
section 172(c)(3) of the CAA. EPA also
finds the state’s 2022 NOX and PM2.5
MVEBs for Washington and Belmont
Counties to be insignificant for purposes
of transportation conformity. Finally,
EPA is determining that the entire
Parkersburg-Marietta and Wheeling
areas continue to attain the 1997 annual
PM2.5 standard based on certified 2009–
2011 air quality data.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for these
actions to become effective immediately
upon publication. This is because a
delayed effective date is unnecessary
due to the nature of a redesignation to
attainment, which relieves the area from
certain CAA requirements that would
otherwise apply to it. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3)
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in section 553(d) is to
give affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. 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 this 8-hour
ozone nonattainment area. For these
VerDate Mar<15>2010
22:38 Aug 28, 2013
Jkt 229001
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.
III. Statutory and and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by State law. A redesignation
to attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve State choices,
provided that they meet the criteria of
the CAA. Accordingly, these actions
merely do not impose additional
requirements beyond those imposed by
State law and the CAA. For that reason,
these 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
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
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 October 28, 2013. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen oxides, Particulate
matter, Sulfur dioxide, Ammonia,
Volatile organic compounds.
40 CFR Part 81
Air pollution control, Environmental
protection, National parks, Wilderness
areas.
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53277
Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations
Dated: August 12, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR parts 52 and 81 are amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.1880 is amended by
adding paragraphs (p)(3), (p)(4), (q)(3)
and (q)(4) to read as follows:
■
§ 52.1880
matter.
*
Control strategy: Particulate
*
*
(p) * * *
*
*
(3) The Ohio portion of the
Parkersburg-Marietta, WV-OH
nonattainment area (Washington
County), as submitted on February 29,
2012, and supplemented on April 30,
2013. The maintenance plan determines
the insignificance of motor vehicle
emissions budgets for Washington
County.
(4) The Ohio portion of the Wheeling,
WV-OH nonattainment area (Belmont
County), as submitted on April 16, 2012,
and supplemented on April 30, 2013.
The maintenance plan determines the
insignificance of motor vehicle
emissions budgets for Belmont County.
(q) * * *
(3) Ohio’s 2005 NOX, primary PM2.5,
and SO2 and 2007/2008 ammonia and
VOC emissions inventories satisfy the
emission inventory requirements of
section 172(c)(3) of the Clean Air Act for
Washington County.
(4) Ohio’s 2005 NOX, primary PM2.5,
and SO2 and 2007/2008 ammonia and
VOC emissions inventories satisfy the
emission inventory requirements of
section 172(c)(3) of the Clean Air Act for
Belmont County.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
4. Section 81.336 is amended by
revising the entries for ParkersburgMarietta, WV-OH and Wheeling, WVOH in the table entitled ‘‘Ohio—PM2.5
(Annual NAAQS)’’ to read as follows:
■
§ 81.336
*
*
Ohio.
*
*
*
OHIO—PM2.5
[Annual NAAQS]
Designation a
Designated area
Date 1
*
*
*
*
*
*
Parkersburg-Marietta, WV-OH:
Washington County .............................................................................................................................................
*
*
*
*
*
*
Wheeling, WV-OH:
Belmont County ...................................................................................................................................................
*
*
*
*
*
*
Type
*
8/29/2013
Attainment.
*
8/29/2013
Attainment.
*
a Includes
1 This
*
Indian Country located in each county or area, except as otherwise specified.
date is 90 days after January 5, 2005, unless otherwise noted.
*
*
*
*
BILLING CODE 6560–50–P
NATIONAL SCIENCE FOUNDATION
45 CFR Part 612
RIN 3145–AA56
Availability of Records and Information
National Science Foundation.
Final rule.
AGENCY:
ACTION:
This document sets forth
revisions of the Foundation’s
regulations under the Freedom of
Information Act (FOIA). The revisions
implement the provision of the Open
FOIA Act of 2009 which amended
Exemption 3, update procedural
provisions, and allow for multi-track
processing of requests.
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SUMMARY:
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22:38 Aug 28, 2013
The final rule will be effective
September 30, 2013.
FOR FURTHER INFORMATION CONTACT: D.
Matthew Powell, Assistant General
Counsel, Office of the General Counsel,
National Science Foundation, telephone
703–292–8060 or email mpowell@
nsf.gov.
SUPPLEMENTARY INFORMATION: On May
14, 2013 the National Science
Foundation (NSF) published a proposed
rule at 78 FR 28173 requesting public
comment on proposed revisions to its
existing FOIA regulations at 45 CFR part
612. No comments were received.
Accordingly, NSF is revising its FOIA
regulations by adopting the revisions as
proposed. This revision of Part 612
implements the provision of the Open
FOIA Act of 2009 which amends
Exemption 3. It also updates and
clarifies several procedural provisions
concerning FOIA administration,
reflects changes in case law, and
includes revised current cost figures for
DATES:
[FR Doc. 2013–20660 Filed 8–28–13; 8:45 am]
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calculating and charging fees. The
duplication fee will be reduced. In
addition, the Foundation will
implement multi-track processing.
Clarifications and procedural changes
are found at § 612.1(b) (General
Provisions); § 612.3(b) and (f)
(Requirements for making requests);
§ 612.5(a), (b), (c) and (d)(3) (Timing of
responses to requests); § 612.6(a)
(Responses to requests); § 612.7(a)(2), (3)
and (5)(iii) (Exemptions); and
§ 612.10(b)(3), and (c)(1) and (2) (Fees).
For purposes of the Regulatory
Flexibility Act (5 U.S.C. 601), the
revised rule will not have a significant
economic effect on a substantial number
of small entities; the rule addresses the
procedures to be followed when
submitting or responding to requests for
records under the Freedom of
Information Act. For purposes of the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4) the revised rule would
not significantly or uniquely affect small
E:\FR\FM\29AUR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Pages 53275-53277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20660]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2012-0212, EPA-R05-OAR-2012-0338; FRL-9900-28-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Redesignation of the Ohio Portions of the Parkersburg-Marietta
and Wheeling Areas to Attainment of the 1997 Annual Fine Particulate
Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking several related actions under the Clean Air Act
(CAA) affecting the state of Ohio and the Ohio portions of the
Parkersburg-Marietta and Wheeling, West Virginia-Ohio areas for the
1997 annual fine particulate matter (PM2.5) national ambient
air quality standard (NAAQS or standard). EPA is approving requests
from the state of Ohio to redesignate the Ohio portions of the
Parkersburg-Marietta and Wheeling areas to attainment of the 1997
annual PM2.5 standard. EPA is approving, as a revision to
the Ohio state implementation plan (SIP), the state's plans for
maintaining the 1997 annual PM2.5 standard in those areas
through 2023. EPA is determining the insignificance of the motor
vehicle emission budgets (MVEBs) for purposes of transportation
conformity in those areas. EPA is approving the comprehensive
inventories submitted by Ohio for the oxides of nitrogen
(NOX), primary PM2.5, and sulfur dioxide
(SO2), ammonia and volatile organic compounds (VOC) in the
Parkersburg-Marietta area (Washington County), and in the Wheeling area
(Belmont County) as meeting the requirements of the CAA. Finally, EPA
is determining that the areas continue to maintain the 1997 annual
PM2.5 standard based on certified 2009-2011 air quality
data.
DATES: This final rule is effective August 29, 2013.
ADDRESSES: EPA has established dockets for this action: Docket ID Nos.
EPA-R05-OAR-2012-0212 (Parkersburg-Marietta) and EPA-R05-OAR-2012-0338
(Wheeling). All documents in the dockets 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 Anthony Maietta,
Environmental Protection Specialist, at (312) 353-8777, before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
maietta.anthony@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 the actions?
II. What actions is EPA taking?
III. Statutory and Executive Order Reviews
I. What is the background for the actions?
On December 2, 2011 (76 FR 75464), EPA issued a final determination
that the Parkersburg-Marietta and Wheeling nonattainment areas were
attaining the 1997 annual PM2.5 standard.
On February 29, 2012, Ohio submitted its request to redesignate the
Ohio portion of Parkersburg-Marietta (Washington County) to attainment
of the 1997 annual PM2.5 standard. On April 16, 2012, Ohio
submitted its request to redesignate the Ohio portion of Wheeling
(Belmont County) to attainment of the 1997 annual PM2.5
standard. These redesignation requests are based on 2008-2010
monitoring data showing attainment of the 1997 annual PM2.5
standard.
On November 30, 2012 (77 FR 71383, 77 FR 71371), EPA published
notices proposing to approve Ohio's requests to redesignate the Ohio
portions of the Parkersburg-Marietta and Wheeling areas to attainment
of the 1997 annual PM2.5 standard. These rulemaking notices
also proposed to approve Ohio's PM2.5 maintenance plan, 2005
NOX, SO2, and primary PM2.5 emission
inventories for Washington and Belmont Counties, and proposed to
determine the insignificance of the 2022 NOX and
PM2.5 MVEBs for Washington and Belmont Counties. These
rulemaking notices also proposed to determine that the Ohio portions of
the Parkersburg-Marietta and Wheeling areas continue to attain the 1997
PM2.5 annual standard based on certified 2009-2011 air
quality data. For each proposed action, one supportive comment was
received from the Ohio Utility Group, and no adverse comments were
received.
On April 30, 2013, Ohio provided ammonia and VOC emissions
inventories to EPA to supplement the February 29, 2012, and April 16,
2012, requests for redesignation.
On June 26, 2013 (78 FR 38256, 78 FR 38247), EPA published
supplemental notices proposing to determine that the Ohio portions of
Parkersburg-Marietta and Wheeling continue to attain the 1997 annual
standard and have met the requirements for redesignation under section
107(d)(3)(E) of the CAA. EPA received one supportive comment from the
Ohio Utility Group on the supplemental notice for the Ohio
[[Page 53276]]
portion of the Wheeling area, and received no adverse comments.
II. What actions is EPA taking?
After reviewing Ohio's redesignation requests, EPA has determined
that the requests meet the criteria set forth in section 107(d)(3)(E)
of the CAA. Therefore, EPA is approving the redesignation of the Ohio
portion of the Parkersburg-Marietta area (Washington County) and the
Ohio portion of the Wheeling area (Belmont County) to attainment for
the 1997 annual PM2.5 standard. EPA is also approving Ohio's
PM2.5 maintenance plans for these areas as a revision to the
Ohio SIP based on Ohio's demonstration that the plan meets the
requirements of section 175A of the CAA. In addition, EPA is approving
the 2005 NOX, SO2, and PM2.5 emission
inventories and 2007/2008 ammonia and VOC emission inventories for
Washington and Belmont Counties as meeting the requirement for emission
inventories contained in section 172(c)(3) of the CAA. EPA also finds
the state's 2022 NOX and PM2.5 MVEBs for
Washington and Belmont Counties to be insignificant for purposes of
transportation conformity. Finally, EPA is determining that the entire
Parkersburg-Marietta and Wheeling areas continue to attain the 1997
annual PM2.5 standard based on certified 2009-2011 air
quality data.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3) which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. 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 this 8-hour ozone nonattainment area. 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.
III. Statutory and and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by State law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve State choices, provided that they meet the criteria of the CAA.
Accordingly, these actions merely do not impose additional requirements
beyond those imposed by State law and the CAA. For that reason, these
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 October 28, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen oxides, Particulate matter, Sulfur dioxide,
Ammonia, Volatile organic compounds.
40 CFR Part 81
Air pollution control, Environmental protection, National parks,
Wilderness areas.
[[Page 53277]]
Dated: August 12, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.1880 is amended by adding paragraphs (p)(3), (p)(4),
(q)(3) and (q)(4) to read as follows:
Sec. 52.1880 Control strategy: Particulate matter.
* * * * *
(p) * * *
(3) The Ohio portion of the Parkersburg-Marietta, WV-OH
nonattainment area (Washington County), as submitted on February 29,
2012, and supplemented on April 30, 2013. The maintenance plan
determines the insignificance of motor vehicle emissions budgets for
Washington County.
(4) The Ohio portion of the Wheeling, WV-OH nonattainment area
(Belmont County), as submitted on April 16, 2012, and supplemented on
April 30, 2013. The maintenance plan determines the insignificance of
motor vehicle emissions budgets for Belmont County.
(q) * * *
(3) Ohio's 2005 NOX, primary PM2.5, and
SO2 and 2007/2008 ammonia and VOC emissions inventories
satisfy the emission inventory requirements of section 172(c)(3) of the
Clean Air Act for Washington County.
(4) Ohio's 2005 NOX, primary PM2.5, and
SO2 and 2007/2008 ammonia and VOC emissions inventories
satisfy the emission inventory requirements of section 172(c)(3) of the
Clean Air Act for Belmont County.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. Section 81.336 is amended by revising the entries for Parkersburg-
Marietta, WV-OH and Wheeling, WV-OH in the table entitled ``Ohio--
PM2.5 (Annual NAAQS)'' to read as follows:
Sec. 81.336 Ohio.
* * * * *
Ohio--PM2.5
[Annual NAAQS]
------------------------------------------------------------------------
Designation \a\
Designated area --------------------------------------
Date \1\ Type
------------------------------------------------------------------------
* * * * * * *
Parkersburg-Marietta, WV-OH:
Washington County............ 8/29/2013 Attainment.
* * * * * * *
Wheeling, WV-OH:
Belmont County............... 8/29/2013 Attainment.
* * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
* * * * *
[FR Doc. 2013-20660 Filed 8-28-13; 8:45 am]
BILLING CODE 6560-50-P
