Approval and Promulgation of Air Quality Implementation Plans; Ohio; Redesignation of the Steubenville-Weirton Area to Attainment of the 1997 Annual Standard and the 2006 24-Hour Standard for Fine Particulate Matter, 57273-57276 [2013-22623]
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Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / Rules and Regulations
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[FR Doc. 2013–22620 Filed 9–17–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2012–0337 and EPA–R05–
OAR–2012–0462; FRL–9900–79–Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Redesignation of the SteubenvilleWeirton Area to Attainment of the 1997
Annual Standard and the 2006 24-Hour
Standard for Fine Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is redesignating under
the Clean Air Act (CAA) the Ohio
portion of the Steubenville-Weirton area
(Jefferson County, OH and Brooke and
Hancock Counties, WV) to attainment
for the 1997 annual and 2006 24-hour
national ambient air quality standards
(NAAQS or standard) for fine
particulate matter (PM2.5). On April 16,
and May 31, 2012, the Ohio
Environmental Protection Agency
(OEPA) submitted a request for EPA to
redesignate the Steubenville-Weirton
Ohio nonattainment area. EPA
determined that the SteubenvilleWeirton area has attained the 1997
annual and 2006 24-hour PM2.5
standard, and proposed to approve
Ohio’s request to redesignate the area on
July 11, 2013. EPA’s final rulemaking
involves several related actions. EPA is
approving, as a revision to the Ohio
state implementation plan (SIP), the
state’s plan for maintaining the 1997
annual and 2006 24-hour PM2.5 NAAQS
in the area through 2025. EPA is making
a finding of insignificance for Ohio’s
motor vehicle emissions of nitrogen
oxides (NOX) and direct PM2.5 for the
Steubenville-Weirton area for
transportation conformity purposes.
Therefore, as Ohio requested, EPA is
redesignating the Ohio portion of the
Steubenville-Weirton area to attainment
for the 1997 PM2.5 annual and 2006 24hour standards.
DATES: This rule will be effective
September 18, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification EPA–R05–OAR–2012–
0337 and EPA–R05–OAR–2012–0462.
All documents in these dockets are
listed on the www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
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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 U.S. 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 at (312)
353–8290 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
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.
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 is the background for the actions?
II. What actions is EPA taking?
III. What is EPA’s response to comments?
IV. Why is EPA taking these actions?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What is the background for the
actions?
On April 16, and May 31, 2012, OEPA
submitted a request for EPA to
redesignate the Steubenville-Weirton
nonattainment area to attainment for the
1997 annual and 2006 24-hour PM2.5
NAAQS, and for EPA approval of the
state’s SIP revision containing an
emissions inventory and a maintenance
plan for the area. On July 11, 2013, (78
FR 41752), EPA proposed redesignation
and proposed approval of Ohio’s plan
for maintaining the 1997 annual and
2006 24-hour PM2.5 NAAQS. Finally, for
transportation conformity purposes EPA
is approving Ohio’s determination that
on-road emissions of PM2.5 and NOX are
insignificant contributors to PM2.5
concentrations in the area. Additional
background for today’s action is set
forth in EPA’s July 11, 2013, proposed
rulemaking.
II. What actions is EPA taking?
EPA has determined that the entire
Steubenville-Weirton area is attaining
the 1997 annual and 2006 24-hour PM2.5
standard (78 FR 41752) and that the
Ohio portion of the area has met the
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57273
requirements for redesignation under
section 107(d)(3)(E) of the CAA. Thus,
EPA is changing the legal designation of
the Ohio portion of the SteubenvilleWeirton area from nonattainment to
attainment for the 1997 annual and 2006
24-hour PM2.5 NAAQS. This action does
not address the West Virginia portion of
the Steubenville-Weirton area. EPA is
also taking several additional actions
related to Ohio’s PM2.5 redesignation
requests, as discussed below.
EPA is approving Ohio’s 1997 and
2006 PM2.5 maintenance plans for the
Steubenville-Weirton area as revisions
to the Ohio SIP (such approval being
one of the CAA criteria for redesignation
to attainment status). The maintenance
plans are designed to keep the
Steubenville-Weirton area in attainment
of the 1997 annual and 2006 24-hour
PM2.5 NAAQS through 2025.
EPA is also approving the 2005 and
2008 emission inventories for primary
PM2.5,1 NOX, and sulfur dioxide (SO2),2
documented in Ohio’s PM2.5
redesignation request submittals. These
emissions inventories satisfy the
requirement in section 172(c)(3) of the
CAA for a comprehensive, current
emission inventory.
Finally, EPA is approving Ohio’s
determination for transportation
conformity purposes that on-road
emissions of PM2.5 and NOX are
insignificant contributors to PM2.5
concentrations in the area.
Further discussion of the basis for
these actions was provided in the
proposal on July 11, 2013 (78 FR 41752).
III. What is EPA’s response to
comments?
EPA received no comments on its
proposed rulemaking.
IV. Why is EPA taking these actions?
EPA has determined that the
Steubenville-Weirton area has
continued to attain the 1997 annual and
2006 24-hour PM2.5 NAAQS. EPA has
also determined that all other criteria
have been met for the redesignation of
the Ohio portion of the SteubenvilleWeirton area from nonattainment to
attainment of the 1997 annual and 2006
24-hour PM2.5 NAAQS and for approval
of Ohio’s maintenance plan for the area.
See CAA sections 107(d)(3)(E) and
175A. The detailed rationale for EPA’s
findings and actions is set forth in the
proposed rulemaking of July 11, 2013,
1 Fine particulates directly emitted by sources
and not formed in a secondary manner through
chemical reactions or other processes in the
atmosphere.
2 NO and SO are precursors for fine particulates
X
2
through chemical reactions and other related
processes in the atmosphere.
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Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / Rules and Regulations
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(78 FR 41752), and in this final
rulemaking.
V. Final Action
EPA has previously made the
determination that the SteubenvilleWeirton area has attained the 1997
annual and 2006 24-hour PM2.5 standard
(76 FR 56641; 77 FR 28264,
respectively). EPA is determining that
the area continues to attain the
standards and that the Ohio portion of
the area meets the requirements for
redesignation to attainment of the
standards under sections 107(d)(3)(E)
and 175A of the CAA. Thus, EPA is
changing the legal designation of the
Ohio portion of the SteubenvilleWeirton area from nonattainment to
attainment for the 1997 annual and 2006
24-hour PM2.5 NAAQS. EPA is also
approving Ohio’s 1997 annual and 2006
24-hour PM2.5 maintenance plans for the
Steubenville-Weirton area as a revision
to the SIP because the plan meets the
requirements of section 175A of the
CAA. EPA is approving the 2005 and
2008 emissions inventories for primary
PM2.5, NOX, and SO2, documented in
Ohio’s April 16, and May 31, 2012,
submittals as satisfying the requirement
in section 172(c)(3) of the CAA for a
comprehensive, current emission
inventory.
Finally, EPA is approving Ohio’s
determination for transportation
conformity purposes that on-road
emissions of PM2.5 and NOX are
insignificant contributors to PM2.5
concentrations in the 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
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prepare before the rule takes effect.
Rather, today’s rule relieves the Ohio of
various requirements for the Ohio
portion of the Steubenville-Weirton
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.
VI. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of the
maintenance plan under CAA section
107(d)(3)(E) are actions that affect the
status of geographical area and do not
impose any additional regulatory
requirements on sources beyond those
required by state law. A redesignation to
attainment does not in and of itself
impose any new requirements, but
rather results in the application 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
Act 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, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For these
reasons, these actions:
• Are 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);
• 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 significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
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• 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 final 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 Commonwealth, 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 18, 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, Incorporation by
reference, Intergovernmental relations,
Particulate matter.
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Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / Rules and Regulations
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: August 27, 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)(5), (q)(5), (s), and
(t) to read as follows:
■
§ 52.1880
matter.
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Control strategy: Particulate
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(p) * * *
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(5) The Ohio portion of the
Steubenville-Weirton nonattainment
area (Jefferson County). The
maintenance plan establishes a
determination of insignificance for both
NOX and primary PM2.5 for conformity
purposes.
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(5) Ohio’s 2005 and 2008 NOX,
directly emitted PM2.5, SO2, VOC, and
ammonia emissions inventory satisfies
the emission inventory requirements of
section 172(c)(3) for the SteubenvilleWeirton area.
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(s) Approval—The 2006 24-hour
PM2.5 maintenance plans for the
following areas have been approved:
(1) The Ohio portion of the
Steubenville-Weirton nonattainment
area (Jefferson County). The
maintenance plan establishes a
determination of insignificance for both
NOX and primary PM2.5 for conformity
purposes.
(t) Approval—The 2006 24-hour PM2.5
comprehensive emissions inventories
for the following areas have been
approved:
(1) Ohio’s 2005 and 2008 NOX,
directly emitted PM2.5, SO2, VOC, and
ammonia emissions inventory satisfies
the emission inventory requirements of
section 172(c)(3) for the SteubenvilleWeirton area.
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 entry for SteubenvilleWeirton, OH-WV in the tables entitled
‘‘Ohio—PM2.5 (Annual NAAQS)’’ and
‘‘Ohio—PM2.5 (24-Hour NAAQS)’’ to
read as follows:
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§ 81.336
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Ohio.
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OHIO—PM2.5
[Annual NAAQS]
Designation a
Designated area
Date 1
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Steubenville-Weirton, OH–WV:
Jefferson County ...............................................................................................................................
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Type
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9/18/2013
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Attainment.
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a Includes
1 This
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Indian Country located in each county or area, except as otherwise specified.
date is 90 days after January 5, 2005, unless otherwise noted.
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OHIO—PM2.5
[24-Hour NAAQS]
Designation for the 1997 NAAQS a
Designation for the 2006
NAAQS a
Designated area
Date 1
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Steubenville-Weirton, OH–WV:
Jefferson County ....................................................................
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Type
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Unclassifiable/Attainment ...
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a Includes
Indian Country located in each county or area, except as otherwise specified.
date is 90 days after January 5, 2005, unless otherwise noted.
2 This date is 30 days after November 13, 2009, unless otherwise noted.
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Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / Rules and Regulations
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I. General Information
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[FR Doc. 2013–22623 Filed 9–17–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2012–0911; FRL–9398–9]
Quinoxyfen; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of quinoxyfen in
or on multiple commodities which are
identified and discussed later in this
document. This regulation also deletes
the established tolerances in or on
grape; pepper, bell; pepper, nonbell; and
strawberry as they will be superseded
by crop group/subgroup tolerances
established by this tolerance rule. The
Interregional Research Project Number 4
(IR–4) Project Headquarters requested
these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
September 18, 2013. Objections and
requests for hearings must be received
on or before November 18, 2013, 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: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2012–0911, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. 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 OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Lois
Rossi, Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
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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. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
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–2012–0911 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 18, 2013. 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 (excluding
any Confidential Business Information
(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 the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2012–0911, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
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instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at
https://www.epa.gov/dockets.
II. Summary of Petitioned-for Tolerance
In the Federal Register of Wednesday,
January 16, 2013 (78 FR 3377) (FRL–
9375–4), EPA issued a document
pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing
of a pesticide petition (PP 2E8117) by
IR–4 Project Headquarters, 500 College
Road East, Suite 201W, Princeton, NJ
08540. The petition requested that 40
CFR 180.588 be amended by
establishing tolerances for residues of
the fungicide quinoxyfen, 5,7-dichloro4-(4-fluorophenoxy)quinoline, in or on
berry, low growing, subgroup 13–07G at
0.90 parts per million (ppm); fruiting,
small, vine climbing, except fuzzy
kiwifruit, subgroup 13–07F at 0.60 ppm
and vegetable, fruiting, group 8–10 at
1.7 ppm. In addition, the petition
requested removal of established
tolerances in or on grape at 0.60 ppm;
strawberry at 0.90 ppm; pepper, bell at
0.35 ppm; and pepper, nonbell at 1.7
ppm, as these will be superseded upon
approval of the proposed tolerances.
That document referenced a summary of
the petition prepared by Dow
AgroSciences LLC, the registrant, which
is available in the docket, https://
www.regulations.gov. There were no
comments received in response to the
notice of filing.
EPA has revised proposed tolerance
levels for several commodities and
revised the quinoxyfen tolerance
expression for all established
commodities. The reasons for these
changes are explained in Unit IV.C.
III. Aggregate Risk Assessment and
Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
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[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Rules and Regulations]
[Pages 57273-57276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22623]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2012-0337 and EPA-R05-OAR-2012-0462; FRL-9900-79-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Redesignation of the Steubenville-Weirton Area to Attainment of
the 1997 Annual Standard and the 2006 24-Hour Standard for Fine
Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is redesignating under the Clean Air Act (CAA) the Ohio
portion of the Steubenville-Weirton area (Jefferson County, OH and
Brooke and Hancock Counties, WV) to attainment for the 1997 annual and
2006 24-hour national ambient air quality standards (NAAQS or standard)
for fine particulate matter (PM2.5). On April 16, and May
31, 2012, the Ohio Environmental Protection Agency (OEPA) submitted a
request for EPA to redesignate the Steubenville-Weirton Ohio
nonattainment area. EPA determined that the Steubenville-Weirton area
has attained the 1997 annual and 2006 24-hour PM2.5
standard, and proposed to approve Ohio's request to redesignate the
area on July 11, 2013. EPA's final rulemaking involves several related
actions. EPA is approving, as a revision to the Ohio state
implementation plan (SIP), the state's plan for maintaining the 1997
annual and 2006 24-hour PM2.5 NAAQS in the area through
2025. EPA is making a finding of insignificance for Ohio's motor
vehicle emissions of nitrogen oxides (NOX) and direct
PM2.5 for the Steubenville-Weirton area for transportation
conformity purposes. Therefore, as Ohio requested, EPA is redesignating
the Ohio portion of the Steubenville-Weirton area to attainment for the
1997 PM2.5 annual and 2006 24-hour standards.
DATES: This rule will be effective September 18, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification EPA-R05-OAR-2012-0337 and EPA-R05-OAR-2012-0462. All
documents in these dockets are listed on the www.regulations.gov Web
site. 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 U.S. 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 at (312) 353-
8290 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: 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.
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 is the background for the actions?
II. What actions is EPA taking?
III. What is EPA's response to comments?
IV. Why is EPA taking these actions?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What is the background for the actions?
On April 16, and May 31, 2012, OEPA submitted a request for EPA to
redesignate the Steubenville-Weirton nonattainment area to attainment
for the 1997 annual and 2006 24-hour PM2.5 NAAQS, and for
EPA approval of the state's SIP revision containing an emissions
inventory and a maintenance plan for the area. On July 11, 2013, (78 FR
41752), EPA proposed redesignation and proposed approval of Ohio's plan
for maintaining the 1997 annual and 2006 24-hour PM2.5
NAAQS. Finally, for transportation conformity purposes EPA is approving
Ohio's determination that on-road emissions of PM2.5 and
NOX are insignificant contributors to PM2.5
concentrations in the area. Additional background for today's action is
set forth in EPA's July 11, 2013, proposed rulemaking.
II. What actions is EPA taking?
EPA has determined that the entire Steubenville-Weirton area is
attaining the 1997 annual and 2006 24-hour PM2.5 standard
(78 FR 41752) and that the Ohio portion of the area has met the
requirements for redesignation under section 107(d)(3)(E) of the CAA.
Thus, EPA is changing the legal designation of the Ohio portion of the
Steubenville-Weirton area from nonattainment to attainment for the 1997
annual and 2006 24-hour PM2.5 NAAQS. This action does not
address the West Virginia portion of the Steubenville-Weirton area. EPA
is also taking several additional actions related to Ohio's
PM2.5 redesignation requests, as discussed below.
EPA is approving Ohio's 1997 and 2006 PM2.5 maintenance
plans for the Steubenville-Weirton area as revisions to the Ohio SIP
(such approval being one of the CAA criteria for redesignation to
attainment status). The maintenance plans are designed to keep the
Steubenville-Weirton area in attainment of the 1997 annual and 2006 24-
hour PM2.5 NAAQS through 2025.
EPA is also approving the 2005 and 2008 emission inventories for
primary PM2.5,\1\ NOX, and sulfur dioxide
(SO2),\2\ documented in Ohio's PM2.5
redesignation request submittals. These emissions inventories satisfy
the requirement in section 172(c)(3) of the CAA for a comprehensive,
current emission inventory.
---------------------------------------------------------------------------
\1\ Fine particulates directly emitted by sources and not formed
in a secondary manner through chemical reactions or other processes
in the atmosphere.
\2\ NOX and SO2 are precursors for fine
particulates through chemical reactions and other related processes
in the atmosphere.
---------------------------------------------------------------------------
Finally, EPA is approving Ohio's determination for transportation
conformity purposes that on-road emissions of PM2.5 and
NOX are insignificant contributors to PM2.5
concentrations in the area.
Further discussion of the basis for these actions was provided in
the proposal on July 11, 2013 (78 FR 41752).
III. What is EPA's response to comments?
EPA received no comments on its proposed rulemaking.
IV. Why is EPA taking these actions?
EPA has determined that the Steubenville-Weirton area has continued
to attain the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA
has also determined that all other criteria have been met for the
redesignation of the Ohio portion of the Steubenville-Weirton area from
nonattainment to attainment of the 1997 annual and 2006 24-hour
PM2.5 NAAQS and for approval of Ohio's maintenance plan for
the area. See CAA sections 107(d)(3)(E) and 175A. The detailed
rationale for EPA's findings and actions is set forth in the proposed
rulemaking of July 11, 2013,
[[Page 57274]]
(78 FR 41752), and in this final rulemaking.
V. Final Action
EPA has previously made the determination that the Steubenville-
Weirton area has attained the 1997 annual and 2006 24-hour
PM2.5 standard (76 FR 56641; 77 FR 28264, respectively). EPA
is determining that the area continues to attain the standards and that
the Ohio portion of the area meets the requirements for redesignation
to attainment of the standards under sections 107(d)(3)(E) and 175A of
the CAA. Thus, EPA is changing the legal designation of the Ohio
portion of the Steubenville-Weirton area from nonattainment to
attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS.
EPA is also approving Ohio's 1997 annual and 2006 24-hour
PM2.5 maintenance plans for the Steubenville-Weirton area as
a revision to the SIP because the plan meets the requirements of
section 175A of the CAA. EPA is approving the 2005 and 2008 emissions
inventories for primary PM2.5, NOX, and
SO2, documented in Ohio's April 16, and May 31, 2012,
submittals as satisfying the requirement in section 172(c)(3) of the
CAA for a comprehensive, current emission inventory.
Finally, EPA is approving Ohio's determination for transportation
conformity purposes that on-road emissions of PM2.5 and
NOX are insignificant contributors to PM2.5
concentrations in the 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 Ohio of various requirements
for the Ohio portion of the Steubenville-Weirton 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.
VI. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application 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 Act 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, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For these reasons, these actions:
Are 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);
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 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 final 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 Commonwealth, 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 18, 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, Incorporation by
reference, Intergovernmental relations, Particulate matter.
[[Page 57275]]
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: August 27, 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)(5), (q)(5), (s),
and (t) to read as follows:
Sec. 52.1880 Control strategy: Particulate matter.
* * * * *
(p) * * *
(5) The Ohio portion of the Steubenville-Weirton nonattainment area
(Jefferson County). The maintenance plan establishes a determination of
insignificance for both NOX and primary PM2.5 for
conformity purposes.
(q) * * *
(5) Ohio's 2005 and 2008 NOX, directly emitted
PM2.5, SO2, VOC, and ammonia emissions inventory
satisfies the emission inventory requirements of section 172(c)(3) for
the Steubenville-Weirton area.
* * * * *
(s) Approval--The 2006 24-hour PM2.5 maintenance plans
for the following areas have been approved:
(1) The Ohio portion of the Steubenville-Weirton nonattainment area
(Jefferson County). The maintenance plan establishes a determination of
insignificance for both NOX and primary PM2.5 for
conformity purposes.
(t) Approval--The 2006 24-hour PM2.5 comprehensive
emissions inventories for the following areas have been approved:
(1) Ohio's 2005 and 2008 NOX, directly emitted
PM2.5, SO2, VOC, and ammonia emissions inventory
satisfies the emission inventory requirements of section 172(c)(3) for
the Steubenville-Weirton area.
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 entry for Steubenville-
Weirton, OH-WV in the tables entitled ``Ohio--PM2.5 (Annual
NAAQS)'' and ``Ohio--PM2.5 (24-Hour NAAQS)'' to read as
follows:
Sec. 81.336 Ohio.
* * * * *
Ohio--PM2.5
[Annual NAAQS]
----------------------------------------------------------------------------------------------------------------
Designation \a\
Designated area ----------------------------------------------------------------
Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Steubenville-Weirton, OH-WV:
Jefferson County........................... 9/18/2013 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.
* * * * *
Ohio--PM2.5
[24-Hour NAAQS]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation for the 1997 NAAQS \a\ Designation for the 2006 NAAQS \a\
Designated area --------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Steubenville-Weirton, OH-WV:
Jefferson County..................... .............. Unclassifiable/Attainment..................... 9/18/2013 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.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.
[[Page 57276]]
* * * * *
[FR Doc. 2013-22623 Filed 9-17-13; 8:45 am]
BILLING CODE 6560-50-P
