Approval and Promulgation of Air Quality Implementation Plans; Ohio; Redesignation of the Canton-Massillon Area to Attainment of the 1997 Annual Standard and the 2006 24-Hour Standard for Fine Particulate Matter, 62459-62462 [2013-24282]
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Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations
EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP
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D.C. Official Code
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Section 1–1162.23 ..................
Conflicts of Interest .................
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submittal
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in relation to State Boards.
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[FR Doc. 2013–24125 Filed 10–21–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2012–0564; FRL–9901–63–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Redesignation of the Canton-Massillon
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 approving, under the
Clean Air Act (CAA), the state of Ohio’s
request to redesignate the CantonMassillon nonattainment area (Canton),
Stark County, to attainment of the 1997
annual and 2006 24-hour national
ambient air quality standards (NAAQS
or standards) for fine particulate matter
(PM2.5). On June 26, 2012, the Ohio
Environmental Protection Agency
(OEPA) submitted a request for EPA to
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SUMMARY:
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EPA approval date
redesignate the Canton nonattainment
area. EPA determined that the Canton
area has attained the 1997 annual and
2006 24-hour PM2.5 standards, and
proposed on August 7, 2013, to approve
Ohio’s request to redesignate the area.
EPA is taking final action today on that
proposal. EPA is also taking final action
in this rulemaking on several related
proposals. 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. Finally, EPA finds
adequate and is approving Ohio’s
nitrogen oxides (NOX) and PM2.5 motor
vehicle emission budgets (MVEBs) for
2015 and 2025 for the Canton area. EPA
is also approving the 2005 and 2008
emissions inventories for primary PM2.5,
NOX, sulfur dioxide (SO2), volatile
organic compounds (VOCs) and
ammonia for the area. EPA, therefore,
grants Ohio’s request to redesignate the
Canton area to attainment for the 1997
annual and 2006 24-hour PM2.5
standards.
DATES:
This rule is effective October 22,
2013.
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Additional explanation
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This action addresses the following CAA elements:
110(a)(2)(A), (B), (C), (D),
(E), (F), (G), (H), (J), (K),
(L), and (M), or portions
thereof.
EPA has established a
docket for this action under Docket
Identification EPA–R05–OAR–2012–
0564. 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.
ADDRESSES:
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,
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Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations
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
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I. What is the background for the
actions?
On June 26, 2012, OEPA submitted its
request to redesignate the Canton
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 a
maintenance plan for the area. On
August 7, 2013, (78 FR 48087), EPA
proposed approval of Ohio’s
redesignation request and plan for
maintaining the 1997 annual and 2006
24-hour PM2.5 NAAQS. EPA also
proposed approval of Ohio’s MVEBs for
PM2.5 and NOX for 2015 and 2025 for
the area. Additional background for
today’s action is set forth in EPA’s
August 7, 2013, proposed rulemaking.
II. What actions is EPA taking?
EPA has determined that the entire
Canton area is attaining the 1997 annual
and 2006 24-hour PM2.5 standards (78
FR 48087) and that the Canton area has
met the requirements for redesignation
under section 107(d)(3)(E) of the CAA.
Thus, EPA is approving the requests
from the state of Ohio to change the
legal designation of the Canton area
from nonattainment to attainment for
the 1997 annual and 2006 24-hour PM2.5
NAAQS. EPA is also taking several
additional actions related to Ohio’s
PM2.5 redesignation requests, as
discussed below.
EPA is approving Ohio’s PM2.5
maintenance plan for the Canton area as
a revision to the Ohio SIP (such
approval being one of the CAA criteria
for redesignation to attainment status).
The maintenance plan is designed to
keep the Canton 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, SO2,2 VOCs, and ammonia
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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IV. Why is EPA taking these actions?
EPA has determined that the Canton
area has attained 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 Canton 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 August 7, 2013
(78 FR 48087).
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 Ohio of
various requirements for the Canton
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.
V. Final Action
EPA is determining that the Canton
area has attained the standards and that
the area meets the requirements for
redesignation to attainment of that
standard under sections 107(d)(3)(E)
and 175A of the CAA. Thus, EPA is
granting the request from Ohio to
change the legal designation of the
Canton 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 plan for the
Canton 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,
SO2, VOCs, and ammonia documented
in Ohio’s June 26, 2012, and May 31,
2013, submittals as satisfying the
requirement in section 172(c)(3) of the
CAA for a comprehensive, current
emission inventory. Finally, EPA finds
adequate and is approving Ohio’s 2015
and 2025 primary PM2.5 and NOX
MVEBs for the Canton area. These
MVEBs will be used in future
transportation conformity analyses for
the area after the effective date for the
adequacy finding and approval.
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, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
documented in Ohio’s PM2.5
redesignation request and supplemental
submittals. These emissions inventories
satisfy the requirement in section
172(c)(3) of the CAA for a
comprehensive, current emission
inventory.
EPA also finds adequate and is
approving Ohio’s 2015 and 2025
primary PM2.5 and NOX MVEBs for the
Canton area. These MVEBs will be used
in future transportation conformity
analyses for the area.
III. What is EPA’s response to
comments?
EPA received one supportive
comment and no adverse comments on
its proposed rulemaking. The comment
has been added to the docket.
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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 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 CAA; 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 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 December 23, 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.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: September 19, 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
§ 52.1880
matter.
Control strategy: Particulate
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(p) * * *
(8) The Canton-Massillon
nonattainment area (Stark County). The
maintenance plan establishes motor
vehicle emissions budgets for the
Canton-Massillon area of 204.33 tpy for
primary PM2.5 and 7,782.84 tpy for NOX
for 2015, and 101.50 tpy for primary
PM2.5 and 4,673.83 tpy for NOX for
2025.
(q) * * *
(8) 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 CantonMassillon area.
*
*
*
*
*
(s) * * *
(3) The Canton-Massillon
nonattainment area (Stark County). The
maintenance plan establishes motor
vehicle emissions budgets for the
Canton-Massillon area of 204.33 tpy for
primary PM2.5 and 7,782.84 tpy for NOX
for 2015, and 101.50 tpy for primary
PM2.5 and 4,673.83 tpy for NOX for
2025.
(t) * * *
(3) 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 CantonMassillon 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 Canton-Massillon,
OH in the tables entitled ‘‘Ohio—PM2.5
(Annual NAAQS)’’ and ‘‘Ohio—PM2.5
(24-Hour NAAQS)’’ to read as follows:
■
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)(8), (q)(8), (s)(3),
and (t)(3) to read as follows:
■
§ 81.336
*
*
Ohio.
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*
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OHIO—PM2.5
[Annual NAAQS]
Designation a
Designated area
Date 1
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Canton-Massillon, OH:
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Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations
OHIO—PM2.5—Continued
[Annual NAAQS]
Designation a
Designated area
Date 1
Stark County .......................................................................................................................................................
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10/22/13
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Type
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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Canton-Massillon, OH:
Stark County .............................................
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Type
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........................
Date 2
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Unclassifiable/Attainment .................................
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10/22/13
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Type
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.
1 This
[FR Doc. 2013–24282 Filed 10–21–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2012–0223; FRL–9900–89–
OAR]
RIN 2060–AR87
Regulation of Fuels and Fuel
Additives: Modifications to Renewable
Fuel Standard Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
In this final rule EPA is
amending the definition of ‘‘heating oil’’
in the regulations for the Renewable
Fuel Standard (RFS) program under
section 211(o) of the Clean Air Act. This
amendment expands the scope of
renewable fuels that can be used to
show compliance with the RFS
renewable fuel volume obligations by
adding an additional category of
compliant renewable fuel referred to as
‘‘fuel oils,’’ produced from qualifying
renewable biomass and used to generate
heat to warm buildings or other
facilities where people live, work,
recreate, or conduct other activities.
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
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Producers or importers of fuel oil that
meets the amended definition of heating
oil will be allowed to generate
Renewable Identification Numbers
(RINs), provided that the fuel oil meets
all other requirements specified in the
RFS regulations. Fuel oils used to
generate process heat, power, or other
functions are not included in this
additional category of heating oil. All
fuels previously included in the
definition of heating oil continue to be
included as heating oil for purposes of
the RFS program.
We are also finalizing specific
registration, reporting, product transfer
document, and recordkeeping
requirements applicable specifically to
these fuel oils, necessary to demonstrate
that the fuel oil volume for which RINs
were generated was or will be used to
heat buildings for climate control for
human comfort prior to generating RINs.
The final rule is being adopted with
only minor changes from the rule
proposed on October 9, 2012, and
responses to public comments are
provided.
This rule is effective on
December 23, 2013.
ADDRESSES: EPA established a docket
for this action under the Docket ID No.
EPA–HQ–OAR–2012–0223. All
documents in the docket are listed in
the www.regulations.gov index.
DATES:
PO 00000
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Although listed in the index, some
information may not be 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 at
www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave.
NW., Washington, DC 20460. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742. You may be charged a reasonable
fee for photocopying docket materials,
as provided for in 40 CFR part 2.
FOR FURTHER INFORMATION CONTACT:
Suzanne Bessette, Office of
Transportation and Air Quality, U.S.
Environmental Protection Agency, 2000
Traverwood Dr., Ann Arbor, MI 48105;
telephone number: (734) 214–4703; fax
number: (734) 214–4869; email address:
bessette.suzanne@epa.gov.
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[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Rules and Regulations]
[Pages 62459-62462]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24282]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2012-0564; FRL-9901-63-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Redesignation of the Canton-Massillon 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.
-----------------------------------------------------------------------
SUMMARY: EPA is approving, under the Clean Air Act (CAA), the state of
Ohio's request to redesignate the Canton-Massillon nonattainment area
(Canton), Stark County, to attainment of the 1997 annual and 2006 24-
hour national ambient air quality standards (NAAQS or standards) for
fine particulate matter (PM2.5). On June 26, 2012, the Ohio
Environmental Protection Agency (OEPA) submitted a request for EPA to
redesignate the Canton nonattainment area. EPA determined that the
Canton area has attained the 1997 annual and 2006 24-hour
PM2.5 standards, and proposed on August 7, 2013, to approve
Ohio's request to redesignate the area. EPA is taking final action
today on that proposal. EPA is also taking final action in this
rulemaking on several related proposals. 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. Finally, EPA finds adequate and is approving
Ohio's nitrogen oxides (NOX) and PM2.5 motor
vehicle emission budgets (MVEBs) for 2015 and 2025 for the Canton area.
EPA is also approving the 2005 and 2008 emissions inventories for
primary PM2.5, NOX, sulfur dioxide
(SO2), volatile organic compounds (VOCs) and ammonia for the
area. EPA, therefore, grants Ohio's request to redesignate the Canton
area to attainment for the 1997 annual and 2006 24-hour
PM2.5 standards.
DATES: This rule is effective October 22, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification EPA-R05-OAR-2012-0564. 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,
[[Page 62460]]
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 June 26, 2012, OEPA submitted its request to redesignate the
Canton 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 a maintenance plan for the area. On August 7, 2013,
(78 FR 48087), EPA proposed approval of Ohio's redesignation request
and plan for maintaining the 1997 annual and 2006 24-hour
PM2.5 NAAQS. EPA also proposed approval of Ohio's MVEBs for
PM2.5 and NOX for 2015 and 2025 for the area.
Additional background for today's action is set forth in EPA's August
7, 2013, proposed rulemaking.
II. What actions is EPA taking?
EPA has determined that the entire Canton area is attaining the
1997 annual and 2006 24-hour PM2.5 standards (78 FR 48087)
and that the Canton area has met the requirements for redesignation
under section 107(d)(3)(E) of the CAA. Thus, EPA is approving the
requests from the state of Ohio to change the legal designation of the
Canton area from nonattainment to attainment for the 1997 annual and
2006 24-hour PM2.5 NAAQS. EPA is also taking several
additional actions related to Ohio's PM2.5 redesignation
requests, as discussed below.
EPA is approving Ohio's PM2.5 maintenance plan for the
Canton area as a revision to the Ohio SIP (such approval being one of
the CAA criteria for redesignation to attainment status). The
maintenance plan is designed to keep the Canton 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, SO2,\2\ VOCs,
and ammonia documented in Ohio's PM2.5 redesignation request
and supplemental 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.
---------------------------------------------------------------------------
EPA also finds adequate and is approving Ohio's 2015 and 2025
primary PM2.5 and NOX MVEBs for the Canton area.
These MVEBs will be used in future transportation conformity analyses
for the area.
III. What is EPA's response to comments?
EPA received one supportive comment and no adverse comments on its
proposed rulemaking. The comment has been added to the docket.
IV. Why is EPA taking these actions?
EPA has determined that the Canton area has attained 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
Canton 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 August 7, 2013 (78 FR 48087).
V. Final Action
EPA is determining that the Canton area has attained the standards
and that the area meets the requirements for redesignation to
attainment of that standard under sections 107(d)(3)(E) and 175A of the
CAA. Thus, EPA is granting the request from Ohio to change the legal
designation of the Canton 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 plan for the Canton 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, SO2, VOCs, and ammonia
documented in Ohio's June 26, 2012, and May 31, 2013, submittals as
satisfying the requirement in section 172(c)(3) of the CAA for a
comprehensive, current emission inventory. Finally, EPA finds adequate
and is approving Ohio's 2015 and 2025 primary PM2.5 and
NOX MVEBs for the Canton area. These MVEBs will be used in
future transportation conformity analyses for the area after the
effective date for the adequacy finding and approval.
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 Ohio of various requirements for
the Canton 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, this action:
Is not a ``significant regulatory action'' subject to
review by the Office
[[Page 62461]]
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 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 CAA; 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 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 December 23, 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.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: September 19, 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)(8), (q)(8),
(s)(3), and (t)(3) to read as follows:
Sec. 52.1880 Control strategy: Particulate matter.
* * * * *
(p) * * *
(8) The Canton-Massillon nonattainment area (Stark County). The
maintenance plan establishes motor vehicle emissions budgets for the
Canton-Massillon area of 204.33 tpy for primary PM2.5 and
7,782.84 tpy for NOX for 2015, and 101.50 tpy for primary
PM2.5 and 4,673.83 tpy for NOX for 2025.
(q) * * *
(8) 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 Canton-Massillon area.
* * * * *
(s) * * *
(3) The Canton-Massillon nonattainment area (Stark County). The
maintenance plan establishes motor vehicle emissions budgets for the
Canton-Massillon area of 204.33 tpy for primary PM2.5 and
7,782.84 tpy for NOX for 2015, and 101.50 tpy for primary
PM2.5 and 4,673.83 tpy for NOX for 2025.
(t) * * *
(3) 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 Canton-Massillon 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 Canton-
Massillon, OH 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
------------------------------------------------------------------------
* * * * * * *
Canton-Massillon, OH:
------------------------------------------------------------------------
[[Page 62462]]
Stark County................. 10/22/13 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Canton-Massillon, OH:
Stark County................. ............... Unclassifiable/ 10/22/13 Attainment.
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.
[FR Doc. 2013-24282 Filed 10-21-13; 8:45 am]
BILLING CODE 6560-50-P
