Determination of Attainment by the Attainment Date; 2008 Ozone National Ambient Air Quality Standards; Cleveland, Ohio and St. Louis, Missouri-Illinois Areas, 41444-41447 [2016-15050]
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Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations
provide notification of this enforcement
periods via the Local Notice to Mariners
and Broadcast Notice to Mariners.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Dated: June 17, 2016.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
33 CFR Part 165
[Docket No. USCG–2016–0415]
[FR Doc. 2016–15090 Filed 6–24–16; 8:45 am]
Safety Zones; Captain of the Port
Boston Fireworks Display Zone,
Boston Harbor, Boston, MA
BILLING CODE 9110–04–P
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation.
ENVIRONMENTAL PROTECTION
AGENCY
The Coast Guard will enforce
special local regulations for the Boston
Harborfest in Boston Inner Harbor on
July 2, 2016, to provide for the safety of
life on navigable waterways during the
fireworks. Our regulation for Captain of
the Port Boston Fireworks display zone,
Boston Harbor, Boston, MA identifies
the regulated area for this fireworks
display. During the enforcement period,
no vessel may transit this regulated area
without approval from the Captain of
the Port or a designated representative.
DATES: The regulation in 33 CFR
165.119(a)(2) will be enforced Saturday,
July 2, 2016 from 9 p.m. to 9:45 p.m.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Mr. Mark
Cutter, Sector Boston Waterways
Management Division, U.S. Coast
Guard; telephone 617–223–4000, email
Mark.E.Cutter@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce special local
regulations in 33 CFR 165.119(a)(2)
Saturday, July 2, 2016 from 9 p.m. to
9:45 p.m., for the Boston Harborfest in
Boston Inner Harbor. This action is
being taken to provide for the safety of
life on navigable waterways during the
fireworks display. Our regulation for
Captain of the Port Boston Fireworks
display zone, Boston Harbor, Boston,
MA, § 165.119(a)(2), specifies the
location of the regulated area as all U.S.
navigable waters of Boston Inner Harbor
within a 700-foot radius of the fireworks
barge in approximate position
42°21′41.2″ N. 071°02′36.5″ W. (NAD
1983), located off of Long Wharf, Boston
MA. As specified in § 165.119(e), during
the enforcement period, no vessel may
transit this regulated area without
approval from the Captain of the Port
Sector Boston (COTP) or a COTP
designated representative.
This notice of enforcement is issued
under authority of 33 CFR 165.119 and
5 U.S.C. 552(a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard plans to
[EPA–R05–OAR–2016–0276; FRL–9948–19–
Region 5]
AGENCY:
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SUMMARY:
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40 CFR Part 52
Determination of Attainment by the
Attainment Date; 2008 Ozone National
Ambient Air Quality Standards;
Cleveland, Ohio and St. Louis,
Missouri-Illinois Areas
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is making a
determination, under the Clean Air Act
(CAA), that the Cleveland, Ohio (OH)
and St. Louis, Missouri-Illinois (MO-IL)
areas attained the 2008 ozone National
Ambient Air Quality Standards
(NAAQS), by the applicable attainment
date of July 20, 2016. This
determination for each area is based on
complete, quality-assured and certified
ozone monitoring data for 2013–2015.
DATES: This direct final rule will be
effective August 26, 2016, unless EPA
receives adverse comments by July 27,
2016. If adverse comments are received
by EPA for an affected area, EPA will
publish a timely withdrawal of the
direct final rule for that area in the
Federal Register informing the public
that the rule will not take effect there.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2016–0276 at https://
www.regulations.gov or via email to
Aburano.Douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
SUMMARY:
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The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–1767,
dagostino.kathleen@epa.gov.
Deborah Bredehoft, Air Planning and
Development Branch, Environmental
Protection Agency, Region 7, 11201
Renner Blvd., Lenexa, Kansas 66219,
(913) 551–7164, Bredehoft.Deborah@
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. Background
II. How does EPA determine whether an area
has attained the 2008 ozone standard?
III. What action is EPA taking and what is the
rationale?
IV. Statutory and Executive Order Reviews
I. Background
On April 30, 2012, the Cleveland, OH
and St. Louis, MO-IL areas were
designated as nonattainment for the
2008 ozone NAAQS and were classified
as marginal, effective July 20, 2012 (77
FR 30088, May 21, 2012). On March 6,
2015 (80 FR 12264), in the final 2008
ozone NAAQS SIP requirements rule,
EPA established an attainment deadline
for marginal areas of July 20, 2015.
The CAA section 181(b)(2) requires
the EPA to determine, based on an
area’s ozone design value 1 as of the
1 An area’s ozone design value for the 8-hour
ozone NAAQS is the highest 3-year average of the
annual fourth-highest daily maximum 8-hour
average concentrations of all monitors in the area.
To determine whether an area has attained the
ozone NAAQS prior to the attainment date, EPA
considers the monitor-specific ozone design values
in the area for the most recent three years with
complete, quality-assured, and certified ozone
monitoring data prior to the attainment deadline (or
for an earlier 3-year period if the area attains the
ozone standard ahead of the attainment deadline).
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area’s attainment deadline, whether the
area has attained the ozone standard by
that date. The statute provides a
mechanism by which states that meet
certain criteria may request and be
granted by the EPA Administrator a 1year extension of an area’s attainment
deadline.
On May 4, 2016 (81 FR 26697), based
on EPA’s evaluation and determination
that the areas met the attainment date
extension criteria of CAA section
181(8)(5), EPA granted the Cleveland
and St. Louis areas a 1-year extension of
the marginal area attainment date to July
20, 2016.
II. How does EPA determine whether
an area has attained the 2008 ozone
standard?
Under EPA regulations at 40 CFR part
50, appendix P, the 2008 ozone NAAQS
is attained at a site when the 3-year
average of the annual fourth highest
daily maximum 8-hour average ambient
air quality ozone concentration is less
than or equal to 0.075 parts per million
(ppm). This 3-year average is referred to
as the design value. When the design
value is less than or equal to 0.075 ppm
at each ambient air quality monitoring
site within the area, then the area is
deemed to be meeting the NAAQS. The
rounding convention under 40 CFR part
50, appendix P, dictates that
concentrations shall be reported in ppm
to the third decimal place, with
additional digits to the right being
truncated. Thus, a computed 3-year
average ozone concentration of 0.076
ppm is greater than 0.075 ppm and,
therefore, over the standard.
EPA’s determination of attainment is
based upon data that have been
collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in the EPA’s Air Quality
System database (formerly known as the
Aerometric Information Retrieval
System). Ambient air quality monitoring
data for the 3-year period must meet a
data completeness requirement. The
ambient air quality monitoring data
completeness requirement is met when
the average percent of required
monitoring days with valid ambient
monitoring data is greater than 90
percent, and no single year has less than
75 percent data completeness as
determined according to appendix P of
part 50.
41445
III. What action is EPA taking and what
is the rationale?
EPA is taking this action pursuant to
the agency’s statutory obligation under
CAA section 181(b)(2) to determine
whether the Cleveland and St. Louis
nonattainment areas have attained the
2008 ozone NAAQS by the applicable
attainment date of July 20, 2016. In this
action, EPA is making a determination
that the Cleveland and St. Louis areas
attained the 2008 ozone NAAQS by the
applicable deadline of July 20, 2016,
based upon complete, quality-assured
and certified ozone monitoring data for
2013–2015.2
EPA evaluated data from air quality
monitors in the Cleveland and St. Louis
areas in order to determine the areas’
attainment status as of the applicable
attainment date of July 20, 2016. The
data were supplied and quality-assured
by state and local agencies responsible
for monitoring ozone air monitoring
networks. Table 1 displays the 2013–
2015 design value for each monitor as
well as the fourth high daily maximum
8-hour ozone concentration for each of
the three years used to calculate the
design value.
TABLE 1—ANNUAL 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATION AND DESIGN VALUE BY MONITOR
2013
4th high
2014
4th high
2015
4th high
2013–2015
design value
Area
County
Monitor
St. Louis, MO-IL ..
Madison, IL ........
Alton 171190008 ............................
Maryville 171190009 ......................
Wood River 171193007 .................
5403 State Road 160 171199991
East Saint Louis 171630010 ..........
Arnold 290990019 ..........................
West Alton 291831002 ..................
Orchard Farm 291831004 .............
Pacific 291890005 .........................
Maryland Heights 291890014 ........
St. Louis 295100085 ......................
0.072
0.075
0.069
0.071
0.066
0.069
0.071
0.071
0.067
0.070
0.066
0.072
0.070
0.070
0.068
0.067
0.072
0.072
0.072
0.065
0.072
0.066
0.069
0.064
0.069
0.067
0.066
0.069
0.070
0.066
0.065
0.069
0.063
0.071
0.069
0.069
0.068
0.066
0.070
0.071
0.069
0.065
0.070
0.065
Conneaut 390071001 ....................
891 E. 152 St. 390350034 .............
E. 14th & Orange 390350060 ........
Berea 390350064 ..........................
Mayfield 390355002 .......................
13000 Auburn 390550004 .............
Eastlake 390850003 ......................
Painesville 390850007 ...................
Sheffield 390930018 ......................
Ballash Road 391030004 ..............
1570 Ravenna Rd. 391331001 ......
Akron 391530020 ...........................
0.070
0.069
0.057
0.064
0.065
0.065
0.070
0.068
0.060
0.065
0.058
0.060
0.069
0.071
0.066
0.059
0.061
0.065
0.075
0.062
0.067
0.064
0.061
0.058
0.070
0.067
0.063
0.066
0.072
0.073
0.074
0.070
0.062
0.063
0.064
0.065
0.069
0.069
0.062
0.063
0.066
0.067
0.073
0.066
0.063
0.064
0.061
0.061
Saint Clair, IL .....
Jefferson, MO ....
Saint Charles,
MO.
Saint Louis, MO
Cleveland, OH .....
St. Louis City,
MO.
Ashtabula ...........
Cuyahoga ..........
Geauga ..............
Lake ...................
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Lorain .................
Medina ...............
Portage ..............
Summit ...............
All monitoring sites in the Cleveland
and St. Louis areas had design values
less than 0.075 ppm based on the 2013–
2015 monitoring period. Thus, EPA is
determining, in accordance with section
181(b)(2)(A) of the CAA and the
provisions of the SIP Requirements Rule
(40 CFR 51.1103), that these areas
attained the standard by the applicable
attainment date of July 20, 2016. EPA’s
determination is based upon three years
of complete, quality-assured and
certified data.
We are publishing this action without
prior proposal because we view this as
2 These determinations of attainment do not
constitute a redesignation to attainment.
Redesignations require states to meet a number of
additional criteria, including EPA approval of a
state plan to maintain the air quality standard for
10 years after redesignation.
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a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve
each determination if relevant adverse
written comments are filed. This rule
will be effective August 26, 2016
without further notice unless we receive
relevant adverse written comments by
July 27, 2016. If we receive such
comments, we will withdraw this
action, for any affected area, before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that, if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
August 26, 2016.
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IV. Statutory and Executive Order
Reviews
Under section 181(b)(2) of the CAA, a
determination of attainment is a factual
determination based upon air quality
considerations. These determinations of
attainment would, if finalized, result in
the suspension of certain Federal
requirements. For that reason, this
action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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);
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• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the 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 rule does not have
tribal implications because it will not
have a substantial direct effect on any
Indian reservation land or in any other
area where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. Determinations of
attainment do not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because a determination of
attainment is an action that affects the
status of a geographical area and does
not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of ozone national ambient air quality
standards in tribal lands.
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 August 26, 2016. 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
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for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of this Federal Register, rather than file
an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: June 15, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
Dated: June 3, 2016.
Mark Hague,
Regional Administrator, Region 7.
Part 52, chapter I, title 40 of Code of
Federal Regulations is 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 52.726 is amended by
adding paragraph (qq) to read as
follows:
■
§ 52.726
Control strategy: Ozone.
*
*
*
*
*
(qq) Determination of attainment. As
required by section 181(b)(2)(A) of the
Clean Air Act, EPA has determined that
the St. Louis, MO-IL marginal 2008
ozone nonattainment area has attained
the NAAQS by the applicable
attainment date of July 20, 2016.
■ 3. Section 52.1342 is amended by
adding paragraph (d) to read as follows:
§ 52.1342
Control strategy: Ozone.
*
*
*
*
*
(d) Determination of attainment. As
required by section 181(b)(2)(A) of the
Clean Air Act, EPA has determined that
the St. Louis, MO-IL marginal 2008
ozone nonattainment area has attained
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the NAAQS by the applicable
attainment date of July 20, 2016.
■ 4. Section 52.1885 is amended by
adding paragraph (oo) to read as
follows:
§ 52.1885
Control strategy: Ozone.
*
*
*
*
*
(oo) Determination of attainment. As
required by section 181(b)(2)(A) of the
Clean Air Act, EPA has determined that
the Cleveland, OH marginal 2008 ozone
nonattainment area has attained the
NAAQS by the applicable attainment
date of July 20, 2016.
■ 5. Section 52.1892 is amended by
adding paragraph (g) to read as follows:
§ 52.1892
Determination of attainment.
*
*
*
*
*
(g) As required by section 181(b)(2)(A)
of the Clean Air Act, EPA has
determined that the Cleveland, OH
marginal 2008 ozone nonattainment
area has attained the NAAQS by the
applicable attainment date of July 20,
2016. This determination is based on
complete, quality-assured and certified
data for the 3-year period 2013–2015.
[FR Doc. 2016–15050 Filed 6–24–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2015–0366; FRL–9948–21–
Region 5]
Air Plan Approval; Minnesota; Sulfur
Dioxide
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Minnesota sulfur dioxide (SO2) State
Implementation Plan (SIP) for the Flint
Hills Resources, LLC Pine Bend
Refinery (FHR) as submitted on May 1,
2015. The revision will consolidate
existing permanent and enforceable SO2
SIP conditions into the facility’s joint
Title I/Title V SIP document. This
action highlights process modifications
necessary to meet EPA’s Tier 3 gasoline
sulfur standards; a comprehensive
monitoring strategy to better quantify
SO2 emissions from fuel gas-fired
emission units; a new restrictive flaring
procedure for refinery process units,
and other updates and administrative
changes. This revision results in a
modeled reduction in SO2 emissions
from FHR and modeled SO2 ambient air
concentrations less than half of the
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SUMMARY:
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national ambient air quality standards
(NAAQS).
DATES: This direct final rule will be
effective August 26, 2016, unless EPA
receives adverse comments by July 27,
2016. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2015–0366 at https://
www.regulations.gov or via email to
blakley.pamela@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the Web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the ‘‘For Further
Information Contact’’ section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
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:
I. What is the background for this action?
A. EPA’s Tier 3 Gasoline Standards
B. Administrative Order and Title I SO2
SIP Conditions
II. What is EPA’s analysis of the SIP revision?
A. EPA’s Tier 3 Gasoline Standards
B. Administrative Order and Title I SO2
SIP Conditions
C. Miscellaneous Revisions
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41447
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this
action?
A. EPA’s Tier 3 Gasoline Standards
On April 28, 2014 (79 FR 23414 and
amended on April 22, 2016, at 81 FR
23641), EPA established more stringent
vehicle emissions standards to reduce
the sulfur content of gasoline beginning
January 1, 2017. The Tier 3 gasoline fuel
standards (Tier 3 standards) will reduce
both tailpipe and evaporative emissions
from both new and existing passenger
cars, light-duty trucks, medium-duty
passenger vehicles, and some heavyduty vehicles. This will result in
significant reductions in pollutants such
as ozone, particulate matter, and air
toxics across the country and help state
and local agencies in their efforts to
attain and maintain health-based
NAAQS.
In order to meet the Tier 3 standards,
FHR plans to increase its use of
hydrotreating to remove sulfur from
intermediate fuel products. The
increased hydrotreating will also
increase the removal of nitrogen. To
address the increased removal of
nitrogen and sulfur, FHR proposes to
install a process to convert gas
containing sulfur and nitrogen into a
salable, non-hazardous, aqueous liquid
fertilizer: ammonium thiosulfate (ATS).
B. Administrative Order and Title I SO2
SIP Conditions
Minnesota also requested EPA’s
approval of the transfer of Title I SO2
SIP conditions from an Administrative
Order (Order) into the FHR Title I/Title
V SO2 SIP document. Until 1990,
Minnesota Pollution Control Agency
(MPCA) had placed SIP control
measures in permits issued to culpable
sources. In 1990, EPA determined that
limits in state-issued permits were not
federally enforceable because the
permits expired. Subsequently, MPCA
then issued permanent Orders to
affected sources in nonattainment areas
from 1991 to February of 1996.
In 1995, EPA approved into the
Minnesota SIP Minnesota’s consolidated
permitting regulations. (60 FR 21447,
May 2, 1995). The consolidated
permitting regulations included the
term ‘‘Title I condition’’ which was
written, in part, to satisfy EPA
requirements that SIP control measures
remain permanent. A ‘‘Title I condition’’
is defined, in part, as ‘‘any condition
based on source-specific determination
of ambient impacts imposed for the
purpose of achieving or maintaining
attainment with a national ambient air
E:\FR\FM\27JNR1.SGM
27JNR1
]]>Agencies
[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Rules and Regulations]
[Pages 41444-41447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15050]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0276; FRL-9948-19-Region 5]
Determination of Attainment by the Attainment Date; 2008 Ozone
National Ambient Air Quality Standards; Cleveland, Ohio and St. Louis,
Missouri-Illinois Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is making a
determination, under the Clean Air Act (CAA), that the Cleveland, Ohio
(OH) and St. Louis, Missouri-Illinois (MO-IL) areas attained the 2008
ozone National Ambient Air Quality Standards (NAAQS), by the applicable
attainment date of July 20, 2016. This determination for each area is
based on complete, quality-assured and certified ozone monitoring data
for 2013-2015.
DATES: This direct final rule will be effective August 26, 2016, unless
EPA receives adverse comments by July 27, 2016. If adverse comments are
received by EPA for an affected area, EPA will publish a timely
withdrawal of the direct final rule for that area in the Federal
Register informing the public that the rule will not take effect there.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0276 at https://www.regulations.gov or via email to
Aburano.Douglas@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767,
dagostino.kathleen@epa.gov.
Deborah Bredehoft, Air Planning and Development Branch,
Environmental Protection Agency, Region 7, 11201 Renner Blvd., Lenexa,
Kansas 66219, (913) 551-7164, Bredehoft.Deborah@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. Background
II. How does EPA determine whether an area has attained the 2008
ozone standard?
III. What action is EPA taking and what is the rationale?
IV. Statutory and Executive Order Reviews
I. Background
On April 30, 2012, the Cleveland, OH and St. Louis, MO-IL areas
were designated as nonattainment for the 2008 ozone NAAQS and were
classified as marginal, effective July 20, 2012 (77 FR 30088, May 21,
2012). On March 6, 2015 (80 FR 12264), in the final 2008 ozone NAAQS
SIP requirements rule, EPA established an attainment deadline for
marginal areas of July 20, 2015.
The CAA section 181(b)(2) requires the EPA to determine, based on
an area's ozone design value \1\ as of the
[[Page 41445]]
area's attainment deadline, whether the area has attained the ozone
standard by that date. The statute provides a mechanism by which states
that meet certain criteria may request and be granted by the EPA
Administrator a 1-year extension of an area's attainment deadline.
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\1\ An area's ozone design value for the 8-hour ozone NAAQS is
the highest 3-year average of the annual fourth-highest daily
maximum 8-hour average concentrations of all monitors in the area.
To determine whether an area has attained the ozone NAAQS prior to
the attainment date, EPA considers the monitor-specific ozone design
values in the area for the most recent three years with complete,
quality-assured, and certified ozone monitoring data prior to the
attainment deadline (or for an earlier 3-year period if the area
attains the ozone standard ahead of the attainment deadline).
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On May 4, 2016 (81 FR 26697), based on EPA's evaluation and
determination that the areas met the attainment date extension criteria
of CAA section 181(8)(5), EPA granted the Cleveland and St. Louis areas
a 1-year extension of the marginal area attainment date to July 20,
2016.
II. How does EPA determine whether an area has attained the 2008 ozone
standard?
Under EPA regulations at 40 CFR part 50, appendix P, the 2008 ozone
NAAQS is attained at a site when the 3-year average of the annual
fourth highest daily maximum 8-hour average ambient air quality ozone
concentration is less than or equal to 0.075 parts per million (ppm).
This 3-year average is referred to as the design value. When the design
value is less than or equal to 0.075 ppm at each ambient air quality
monitoring site within the area, then the area is deemed to be meeting
the NAAQS. The rounding convention under 40 CFR part 50, appendix P,
dictates that concentrations shall be reported in ppm to the third
decimal place, with additional digits to the right being truncated.
Thus, a computed 3-year average ozone concentration of 0.076 ppm is
greater than 0.075 ppm and, therefore, over the standard.
EPA's determination of attainment is based upon data that have been
collected and quality-assured in accordance with 40 CFR part 58 and
recorded in the EPA's Air Quality System database (formerly known as
the Aerometric Information Retrieval System). Ambient air quality
monitoring data for the 3-year period must meet a data completeness
requirement. The ambient air quality monitoring data completeness
requirement is met when the average percent of required monitoring days
with valid ambient monitoring data is greater than 90 percent, and no
single year has less than 75 percent data completeness as determined
according to appendix P of part 50.
III. What action is EPA taking and what is the rationale?
EPA is taking this action pursuant to the agency's statutory
obligation under CAA section 181(b)(2) to determine whether the
Cleveland and St. Louis nonattainment areas have attained the 2008
ozone NAAQS by the applicable attainment date of July 20, 2016. In this
action, EPA is making a determination that the Cleveland and St. Louis
areas attained the 2008 ozone NAAQS by the applicable deadline of July
20, 2016, based upon complete, quality-assured and certified ozone
monitoring data for 2013-2015.\2\
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\2\ These determinations of attainment do not constitute a
redesignation to attainment. Redesignations require states to meet a
number of additional criteria, including EPA approval of a state
plan to maintain the air quality standard for 10 years after
redesignation.
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EPA evaluated data from air quality monitors in the Cleveland and
St. Louis areas in order to determine the areas' attainment status as
of the applicable attainment date of July 20, 2016. The data were
supplied and quality-assured by state and local agencies responsible
for monitoring ozone air monitoring networks. Table 1 displays the
2013-2015 design value for each monitor as well as the fourth high
daily maximum 8-hour ozone concentration for each of the three years
used to calculate the design value.
Table 1--Annual 4th High Daily Maximum 8-Hour Ozone Concentration and Design Value by Monitor
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2013-2015
Area County Monitor 2013 4th high 2014 4th high 2015 4th high design value
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St. Louis, MO-IL................... Madison, IL........... Alton 171190008............ 0.072 0.072 0.069 0.071
Maryville 171190009........ 0.075 0.070 0.064 0.069
Wood River 171193007....... 0.069 0.070 0.069 0.069
5403 State Road 160 0.071 0.068 0.067 0.068
171199991.
Saint Clair, IL....... East Saint Louis 171630010. 0.066 0.067 0.066 0.066
Jefferson, MO......... Arnold 290990019........... 0.069 0.072 0.069 0.070
Saint Charles, MO..... West Alton 291831002....... 0.071 0.072 0.070 0.071
Orchard Farm 291831004..... 0.071 0.072 0.066 0.069
Saint Louis, MO....... Pacific 291890005.......... 0.067 0.065 0.065 0.065
Maryland Heights 291890014. 0.070 0.072 0.069 0.070
St. Louis City, MO.... St. Louis 295100085........ 0.066 0.066 0.063 0.065
Cleveland, OH...................... Ashtabula............. Conneaut 390071001......... 0.070 0.069 0.070 0.069
Cuyahoga.............. 891 E. 152 St. 390350034... 0.069 0.071 0.067 0.069
E. 14th & Orange 390350060. 0.057 0.066 0.063 0.062
Berea 390350064............ 0.064 0.059 0.066 0.063
Mayfield 390355002......... 0.065 0.061 0.072 0.066
Geauga................ 13000 Auburn 390550004..... 0.065 0.065 0.073 0.067
Lake.................. Eastlake 390850003......... 0.070 0.075 0.074 0.073
Painesville 390850007...... 0.068 0.062 0.070 0.066
Lorain................ Sheffield 390930018........ 0.060 0.067 0.062 0.063
Medina................ Ballash Road 391030004..... 0.065 0.064 0.063 0.064
Portage............... 1570 Ravenna Rd. 391331001. 0.058 0.061 0.064 0.061
Summit................ Akron 391530020............ 0.060 0.058 0.065 0.061
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All monitoring sites in the Cleveland and St. Louis areas had
design values less than 0.075 ppm based on the 2013-2015 monitoring
period. Thus, EPA is determining, in accordance with section
181(b)(2)(A) of the CAA and the provisions of the SIP Requirements Rule
(40 CFR 51.1103), that these areas attained the standard by the
applicable attainment date of July 20, 2016. EPA's determination is
based upon three years of complete, quality-assured and certified data.
We are publishing this action without prior proposal because we
view this as
[[Page 41446]]
a noncontroversial amendment and anticipate no adverse comments.
However, in the proposed rules section of this Federal Register
publication, we are publishing a separate document that will serve as
the proposal to approve each determination if relevant adverse written
comments are filed. This rule will be effective August 26, 2016 without
further notice unless we receive relevant adverse written comments by
July 27, 2016. If we receive such comments, we will withdraw this
action, for any affected area, before the effective date by publishing
a subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that, if EPA receives adverse comment on
an amendment, paragraph, or section of this rule and if that provision
may be severed from the remainder of the rule, EPA may adopt as final
those provisions of the rule that are not the subject of an adverse
comment. If we do not receive any comments, this action will be
effective August 26, 2016.
IV. Statutory and Executive Order Reviews
Under section 181(b)(2) of the CAA, a determination of attainment
is a factual determination based upon air quality considerations. These
determinations of attainment would, if finalized, result in the
suspension of certain Federal requirements. For that reason, this
action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the 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 rule does not have tribal implications because it
will not have a substantial direct effect on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. Determinations of attainment do not have
tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because a determination of attainment is an action
that affects the status of a geographical area and does not impose any
new regulatory requirements on tribes, impact any existing sources of
air pollution on tribal lands, nor impair the maintenance of ozone
national ambient air quality standards in tribal lands.
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 August 26, 2016. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications, Incorporation
by reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: June 15, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
Dated: June 3, 2016.
Mark Hague,
Regional Administrator, Region 7.
Part 52, chapter I, title 40 of Code of Federal Regulations is
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 52.726 is amended by adding paragraph (qq) to read as
follows:
Sec. 52.726 Control strategy: Ozone.
* * * * *
(qq) Determination of attainment. As required by section
181(b)(2)(A) of the Clean Air Act, EPA has determined that the St.
Louis, MO-IL marginal 2008 ozone nonattainment area has attained the
NAAQS by the applicable attainment date of July 20, 2016.
0
3. Section 52.1342 is amended by adding paragraph (d) to read as
follows:
Sec. 52.1342 Control strategy: Ozone.
* * * * *
(d) Determination of attainment. As required by section
181(b)(2)(A) of the Clean Air Act, EPA has determined that the St.
Louis, MO-IL marginal 2008 ozone nonattainment area has attained
[[Page 41447]]
the NAAQS by the applicable attainment date of July 20, 2016.
0
4. Section 52.1885 is amended by adding paragraph (oo) to read as
follows:
Sec. 52.1885 Control strategy: Ozone.
* * * * *
(oo) Determination of attainment. As required by section
181(b)(2)(A) of the Clean Air Act, EPA has determined that the
Cleveland, OH marginal 2008 ozone nonattainment area has attained the
NAAQS by the applicable attainment date of July 20, 2016.
0
5. Section 52.1892 is amended by adding paragraph (g) to read as
follows:
Sec. 52.1892 Determination of attainment.
* * * * *
(g) As required by section 181(b)(2)(A) of the Clean Air Act, EPA
has determined that the Cleveland, OH marginal 2008 ozone nonattainment
area has attained the NAAQS by the applicable attainment date of July
20, 2016. This determination is based on complete, quality-assured and
certified data for the 3-year period 2013-2015.
[FR Doc. 2016-15050 Filed 6-24-16; 8:45 am]
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