Air Plan Approval; Ohio; Redesignation of the Ohio Portion of the Cincinnati-Hamilton, OH-IN-KY Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter, 16938-16940 [2017-06882]
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16938
Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations
is approved as a revision to the state’s
implementation plan.
[FR Doc. 2017–06897 Filed 4–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2016–0479; FRL–9960–82–
Region 5]
Air Plan Approval; Ohio;
Redesignation of the Ohio Portion of
the Cincinnati-Hamilton, OH–IN–KY
Area to Attainment of the 1997 Annual
Standard for Fine Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is redesignating the Ohio
portion of the Cincinnati-Hamilton,
OH–IN–KY, nonattainment area
(hereafter, ‘‘the Cincinnati-Hamilton
area’’) to attainment for the 1997 fine
particulate matter (PM2.5) annual
national ambient air quality standards
(NAAQS or standard). The Ohio portion
of the Cincinnati-Hamilton area
includes Butler, Clermont, Hamilton,
and Warren Counties. Because EPA has
determined that the CincinnatiHamilton area is attaining the annual
PM2.5 standard, EPA is redesignating the
area to attainment and also approving
several additional related actions. EPA
is approving the Reasonably Available
Control Measures (RACM)—Reasonably
Available Control Technology (RACT)
portion of Ohio’s Cincinnati-Hamilton
area attainment plan state
implementation plan (SIP) revision as
providing adequate RACM/RACT. EPA
is also approving an update to the Ohio
SIP, by updating the state’s approved
plan for maintaining the 1997 annual
PM2.5 NAAQS through 2027. EPA
previously approved the base year
emissions inventory for the CincinnatiHamilton area, and is approving Ohio’s
updated emission inventory which
includes emission inventories for
volatile organic compounds (VOCs) and
ammonia. Ohio’s approved maintenance
plan submission includes a budget for
the mobile source contribution of PM2.5
and nitrogen oxides (NOX) to the
Cincinnati-Hamilton area for
transportation conformity purposes,
which EPA is approving. EPA is taking
these actions in accordance with the
Clean Air Act (CAA) and EPA’s
implementation rule regarding the 1997
PM2.5 NAAQS.
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SUMMARY:
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This final rule is effective April
7, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0479. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Joseph
Ko, Environmental Engineer, at (312)
886–7947 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Joseph Ko, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–7947,
ko.joseph@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:
DATES:
I. Background
II. Response to Comments
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
On July 22, 2016, Ohio EPA submitted
a request to EPA to redesignate the
Cincinnati-Hamilton area to attainment
for the 1997 PM2.5 annual standard, and
to approve updates to the maintenance
plan for the area. In a notice published
on January 4, 2017 (82 FR 792), EPA
proposed to redesignate the area and
approve several actions related to the
redesignation (82 FR 792). Additional
background and details regarding this
final action can be found in the January
4, 2017, proposed rule.
II. Response to Comments
Comment: EPA received one comment
on the proposed redesignation. The
commenter supported EPA’s proposal to
redesignate the Ohio portion of the
Cincinnati-Hamilton area.
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Response: EPA agrees with the
comment, and no changes were made to
the final action based on this comment.
III. What action is EPA taking?
EPA is taking several actions related
to redesignation of the CincinnatiHamilton area to attainment for the 1997
annual PM2.5 NAAQS.
EPA has previously approved Ohio’s
PM2.5 maintenance plan and motor
vehicle emission budgets for the
Cincinnati-Hamilton area. EPA has
determined that this plan and budgets
are still applicable.
EPA has previously approved the
2005 primary PM2.5, NOX, and SO2 base
year emissions inventory. EPA is
approving Ohio’s updated emissions
inventory which includes emissions
inventories for VOCs and ammonia from
2007. EPA has determined that Ohio
meets the emissions inventory
requirement under section
107(d)(3)(E)(iii).
EPA is approving the RACM/RACT
portion of Ohio’s prior CincinnatiHamilton area attainment plan SIP
revision as providing adequate RACM/
RACT consistent with the provisions of
40 CFR 51.1010(b), because Ohio has
demonstrated with a RACM/RACT
analysis that no further control
measures would advance the attainment
date in the area.
In The Fine Particulate Matter
National Ambient Air Quality
Standards: State Implementation Plan
Requirements final rule (final PM2.5 SIP
requirements rule), EPA revoked the
1997 primary annual PM2.5 NAAQS in
areas that had always been attainment
for that NAAQS, and in areas that had
been designated as nonattainment but
that were redesignated to attainment
before October 24, 2016, the rule’s
effective date. (See 81 FR 58010, August
24, 2016.) EPA also finalized a provision
that revokes the 1997 primary annual
PM2.5 NAAQS in areas that are
redesignated to attainment for that
NAAQS after October 24, 2016, effective
on the effective date of the redesignation
of the area to attainment for that
NAAQS. (See 40 CFR 50.13(d).)
EPA is redesignating the Ohio portion
of the Cincinnati-Hamilton area to
attainment for the 1997 annual PM2.5
NAAQS and approving the CAA section
175A maintenance plan for the 1997
primary annual PM2.5 NAAQS for the
reasons described elsewhere in the
January 4, 2017, proposed action.1 The
1 CAA section 175A(a) establishes the
requirements that must be fulfilled by
nonattainment areas in order to be redesignated to
attainment. That section only requires that
nonattainment areas for the primary standard
submit a plan addressing maintenance of the
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1997 primary annual PM2.5 NAAQS will
be revoked in the area on the effective
date of this redesignation. Beginning on
that date, the area will no longer be
subject to transportation or general
conformity requirements for the 1997
annual PM2.5 NAAQS due to the
revocation of the primary NAAQS. (See
81 FR 58125, August 24, 2016.) The area
will be required to implement the CAA
section 175A maintenance plan for the
1997 primary annual PM2.5 NAAQS and
the PSD program for the 1997 annual
PM2.5 NAAQS. Once approved, the
maintenance plan could only be revised
if the revision meets the requirements of
CAA section 110(l) and, if applicable,
CAA section 193. The area would not be
required to submit a second 10-year
maintenance plan for the 1997 primary
annual PM2.5 NAAQS. (See 81 FR
58144, August 24, 2016.)
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for these
actions to become effective immediately
upon publication. This is because a
delayed effective date is unnecessary
due to the nature of a redesignation to
attainment, which relieves the area from
certain CAA requirements that would
otherwise apply to it. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in section 553(d) is to
give affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. Today’s rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, today’s rule relieves the state of
planning requirements for this ozone
nonattainment area. For these reasons,
EPA finds good cause under 5 U.S.C.
553(d)(3) for these actions to become
effective on the date of publication of
these actions.
IV. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
primary NAAQS in order to be redesignated to
attainment; it does not require nonattainment areas
for secondary NAAQS to submit maintenance plans
in order to be redesignated to attainment. (See 42
U.S.C. 7505a(a).)
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accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive 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
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16939
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because
redesignation 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 June 6, 2017. 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.
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Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations
Dated: March 20, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
§ 52.1880
matter.
Control strategy: Particulate
*
40 CFR part 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.
Subpart KK—Ohio
2. Section 52.1880 is amended by
revising paragraph (q)(1) and by adding
paragraph (v) to read as follows:
■
*
*
*
*
(q) * * *
(1) Ohio’s 2005 NOX, directly emitted
PM2.5, and SO2 emissions inventory; and
2007 VOCs and ammonia emissions
inventory, satisfy the emission
inventory requirements of section
172(c)(3) for the Cincinnati-Hamilton
area.
*
*
*
*
*
(v) Approval—Ohio’s RACM/RACT
analysis that was submitted as part of
their July 18, 2008, attainment
demonstration satisfies the RACM/
RACT requirements of section 172(c)(1)
for the Cincinnati-Hamilton 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 column headings under
‘‘Designationa’’ for ‘‘Type’’ and ‘‘Date1’’
and by revising the entry for CincinnatiHamilton, OH in the table entitled
‘‘Ohio—1997 Annual PM2.5 NAAQS’’ to
read as follows:
■
§ 81.336
*
*
Ohio.
*
*
*
OHIO—1997 ANNUAL PM2.5 NAAQS
[Primary and secondary]
Designation a
Classification
Designated area
Date 1
*
*
Cincinnati-Hamilton, Ohio: ...............
Butler County.
Clermont County.
Hamilton County.
Warren County.
*
Type
*
*
April 7, 2017 ....................................
*
*
Date
Type
*
*
*
*
*
*
Attainment..
*
a Includes
1 This
*
Indian Country located in each county or area, except as otherwise specified.
date is 90 days after January 5, 2005, unless otherwise noted.
*
*
*
*
[FR Doc. 2017–06882 Filed 4–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2016–0135; FRL–9960–79–
Region 5]
Air Plan Approval; Indiana;
Redesignation of the Indiana Portion of
the Cincinnati, Ohio-Kentucky-Indiana
Area to Attainment of the 2008 Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is determining that the
Cincinnati, Ohio-Kentucky-Indiana area
is attaining the 2008 ozone National
Ambient Air Quality Standard (NAAQS
or standard) and approving a request
from the Indiana Department of
Environmental Management (IDEM) to
redesignate the Indiana portion of the
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SUMMARY:
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Cincinnati area to attainment for the
2008 ozone NAAQS because the request
meets the statutory requirements for
redesignation under the Clean Air Act
(CAA). The Cincinnati area includes
Lawrenceburg Township in Dearborn
County, Indiana; Butler, Clermont,
Clinton, Hamilton, and Warren Counties
in Ohio; and, Boone, Campbell, and
Kenton Counties in Kentucky. IDEM
submitted this request on February 23,
2016, and supplemented that submittal
with a revised emissions inventory on
May 4, 2016. EPA is also approving, as
a revision to the Indiana State
Implementation Plan (SIP), the state’s
plan for maintaining the 2008 ozone
standard through 2030 in the Cincinnati
area. Additionally, EPA finds adequate
and is approving the states’ 2020 and
2030 volatile organic compound (VOC)
and oxides of nitrogen (NOX) Motor
Vehicle Emission Budgets (MVEBs) for
the Indiana and Ohio portion of the
Cincinnati area. Finally, EPA is
approving the 2011 base year emissions
inventory submitted by IDEM as
meeting the base year emissions
inventory requirement of the CAA for
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Frm 00050
Fmt 4700
Sfmt 4700
the Indiana portion of the Cincinnati
area.
This final rule is effective on
April 7, 2017.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0135. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Eric
Svingen, Environmental Engineer, at
ADDRESSES:
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Agencies
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16938-16940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06882]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2016-0479; FRL-9960-82-Region 5]
Air Plan Approval; Ohio; Redesignation of the Ohio Portion of the
Cincinnati-Hamilton, OH-IN-KY Area to Attainment of the 1997 Annual
Standard for Fine Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is redesignating the
Ohio portion of the Cincinnati-Hamilton, OH-IN-KY, nonattainment area
(hereafter, ``the Cincinnati-Hamilton area'') to attainment for the
1997 fine particulate matter (PM2.5) annual national ambient
air quality standards (NAAQS or standard). The Ohio portion of the
Cincinnati-Hamilton area includes Butler, Clermont, Hamilton, and
Warren Counties. Because EPA has determined that the Cincinnati-
Hamilton area is attaining the annual PM2.5 standard, EPA is
redesignating the area to attainment and also approving several
additional related actions. EPA is approving the Reasonably Available
Control Measures (RACM)--Reasonably Available Control Technology (RACT)
portion of Ohio's Cincinnati-Hamilton area attainment plan state
implementation plan (SIP) revision as providing adequate RACM/RACT. EPA
is also approving an update to the Ohio SIP, by updating the state's
approved plan for maintaining the 1997 annual PM2.5 NAAQS
through 2027. EPA previously approved the base year emissions inventory
for the Cincinnati-Hamilton area, and is approving Ohio's updated
emission inventory which includes emission inventories for volatile
organic compounds (VOCs) and ammonia. Ohio's approved maintenance plan
submission includes a budget for the mobile source contribution of
PM2.5 and nitrogen oxides (NOX) to the
Cincinnati-Hamilton area for transportation conformity purposes, which
EPA is approving. EPA is taking these actions in accordance with the
Clean Air Act (CAA) and EPA's implementation rule regarding the 1997
PM2.5 NAAQS.
DATES: This final rule is effective April 7, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0479. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Joseph Ko, Environmental Engineer, at (312) 886-7947
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Joseph Ko, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-7947, ko.joseph@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. Response to Comments
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
On July 22, 2016, Ohio EPA submitted a request to EPA to
redesignate the Cincinnati-Hamilton area to attainment for the 1997
PM2.5 annual standard, and to approve updates to the
maintenance plan for the area. In a notice published on January 4, 2017
(82 FR 792), EPA proposed to redesignate the area and approve several
actions related to the redesignation (82 FR 792). Additional background
and details regarding this final action can be found in the January 4,
2017, proposed rule.
II. Response to Comments
Comment: EPA received one comment on the proposed redesignation.
The commenter supported EPA's proposal to redesignate the Ohio portion
of the Cincinnati-Hamilton area.
Response: EPA agrees with the comment, and no changes were made to
the final action based on this comment.
III. What action is EPA taking?
EPA is taking several actions related to redesignation of the
Cincinnati-Hamilton area to attainment for the 1997 annual
PM2.5 NAAQS.
EPA has previously approved Ohio's PM2.5 maintenance
plan and motor vehicle emission budgets for the Cincinnati-Hamilton
area. EPA has determined that this plan and budgets are still
applicable.
EPA has previously approved the 2005 primary PM2.5,
NOX, and SO2 base year emissions inventory. EPA
is approving Ohio's updated emissions inventory which includes
emissions inventories for VOCs and ammonia from 2007. EPA has
determined that Ohio meets the emissions inventory requirement under
section 107(d)(3)(E)(iii).
EPA is approving the RACM/RACT portion of Ohio's prior Cincinnati-
Hamilton area attainment plan SIP revision as providing adequate RACM/
RACT consistent with the provisions of 40 CFR 51.1010(b), because Ohio
has demonstrated with a RACM/RACT analysis that no further control
measures would advance the attainment date in the area.
In The Fine Particulate Matter National Ambient Air Quality
Standards: State Implementation Plan Requirements final rule (final
PM2.5 SIP requirements rule), EPA revoked the 1997 primary
annual PM2.5 NAAQS in areas that had always been attainment
for that NAAQS, and in areas that had been designated as nonattainment
but that were redesignated to attainment before October 24, 2016, the
rule's effective date. (See 81 FR 58010, August 24, 2016.) EPA also
finalized a provision that revokes the 1997 primary annual
PM2.5 NAAQS in areas that are redesignated to attainment for
that NAAQS after October 24, 2016, effective on the effective date of
the redesignation of the area to attainment for that NAAQS. (See 40 CFR
50.13(d).)
EPA is redesignating the Ohio portion of the Cincinnati-Hamilton
area to attainment for the 1997 annual PM2.5 NAAQS and
approving the CAA section 175A maintenance plan for the 1997 primary
annual PM2.5 NAAQS for the reasons described elsewhere in
the January 4, 2017, proposed action.\1\ The
[[Page 16939]]
1997 primary annual PM2.5 NAAQS will be revoked in the area
on the effective date of this redesignation. Beginning on that date,
the area will no longer be subject to transportation or general
conformity requirements for the 1997 annual PM2.5 NAAQS due
to the revocation of the primary NAAQS. (See 81 FR 58125, August 24,
2016.) The area will be required to implement the CAA section 175A
maintenance plan for the 1997 primary annual PM2.5 NAAQS and
the PSD program for the 1997 annual PM2.5 NAAQS. Once
approved, the maintenance plan could only be revised if the revision
meets the requirements of CAA section 110(l) and, if applicable, CAA
section 193. The area would not be required to submit a second 10-year
maintenance plan for the 1997 primary annual PM2.5 NAAQS.
(See 81 FR 58144, August 24, 2016.)
---------------------------------------------------------------------------
\1\ CAA section 175A(a) establishes the requirements that must
be fulfilled by nonattainment areas in order to be redesignated to
attainment. That section only requires that nonattainment areas for
the primary standard submit a plan addressing maintenance of the
primary NAAQS in order to be redesignated to attainment; it does not
require nonattainment areas for secondary NAAQS to submit
maintenance plans in order to be redesignated to attainment. (See 42
U.S.C. 7505a(a).)
---------------------------------------------------------------------------
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. Today's rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, today's rule relieves the state
of planning requirements for this ozone nonattainment area. For these
reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these
actions to become effective on the date of publication of these
actions.
IV. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation 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 June 6, 2017. 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.
[[Page 16940]]
Dated: March 20, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 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.
Subpart KK--Ohio
0
2. Section 52.1880 is amended by revising paragraph (q)(1) and by
adding paragraph (v) to read as follows:
Sec. 52.1880 Control strategy: Particulate matter.
* * * * *
(q) * * *
(1) Ohio's 2005 NOX, directly emitted PM2.5,
and SO2 emissions inventory; and 2007 VOCs and ammonia
emissions inventory, satisfy the emission inventory requirements of
section 172(c)(3) for the Cincinnati-Hamilton area.
* * * * *
(v) Approval--Ohio's RACM/RACT analysis that was submitted as part
of their July 18, 2008, attainment demonstration satisfies the RACM/
RACT requirements of section 172(c)(1) for the Cincinnati-Hamilton
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 column headings under
``Designation\a\'' for ``Type'' and ``Date\1\'' and by revising the
entry for Cincinnati-Hamilton, OH in the table entitled ``Ohio--1997
Annual PM2.5 NAAQS'' to read as follows:
Sec. 81.336 Ohio.
* * * * *
Ohio--1997 Annual PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area --------------------------------------------------------------------------------
Date \1\ Type Date Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Cincinnati-Hamilton, Ohio:..... April 7, 2017..... Attainment........
Butler County..................
Clermont County................
Hamilton County................
Warren County..................
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
* * * * *
[FR Doc. 2017-06882 Filed 4-6-17; 8:45 am]
BILLING CODE 6560-50-P