Air Plan Approval; Ohio; Redesignation of the Cleveland Area to Attainment of the 2012 Annual Standard for Fine Particulate Matter, 14881-14883 [2019-07334]
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Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Rules and Regulations
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PART 70—STATE OPERATING PERMIT
PROGRAMS
3. The authority citation for part 70
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
4. Amend appendix A to part 70 by
adding paragraph (p) under ‘‘Nebraska;
City of Omaha; Lincoln-Lancaster
County Health Department’’ to read as
follows:
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Appendix A to Part 70 Approval Status
of State and Local Operating Permits
Programs
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FOR FURTHER INFORMATION CONTACT:
Nebraska; City of Omaha; Lincoln-Lancaster
County Health Department
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(p) The Nebraska Department of
Environmental Quality submitted revisions
to The Nebraska Administrative Code, title
129, chapter 1, ‘‘Definitions’’ on August 22,
2018. The state effective date is July 15, 2018.
This revision is effective May 13, 2019.
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[FR Doc. 2019–07309 Filed 4–11–19; 8:45 am]
BILLING CODE 6560–50–P
Michael Leslie, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–6680,
leslie.michael@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:
40 CFR Parts 52 and 81
I. What is being addressed by this document?
II. What comments did we receive on the
proposed SIP revision?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
[EPA–R05–OAR–2018–0572; FRL–9992–21–
Region 5]
I. What is being addressed by this
document?
Air Plan Approval; Ohio;
Redesignation of the Cleveland Area to
Attainment of the 2012 Annual
Standard for Fine Particulate Matter
On July 24, 2018, Ohio submitted a
request for EPA to redesignate the
Cleveland area to attainment of the 2012
annual PM2.5 NAAQS under section
107(d)(3)(E) the CAA. On December 26,
2018, at 83 FR 66200, EPA proposed to
approve the State’s revision to the SIP
for the 2012 PM2.5 NAAQS in the
Cleveland nonattainment area.
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the Ohio
Environmental Protection Agency’s
(Ohio) request to redesignate the
Cleveland area to attainment of the 2012
annual national ambient air quality
standard (NAAQS or standards) for fine
particulate matter (PM2.5) under the
Clean Air Act (CAA).
DATES: This final rule is effective on
April 12, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0572. All
documents in the docket are listed on
the www.regulations.gov website.
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.
SUMMARY:
jbell on DSK30RV082PROD with RULES
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 Michael
Leslie, Environmental Engineer, at (312)
353–6680 before visiting the Region 5
office.
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Jkt 247001
II. What comments did we receive on
the proposed SIP revision?
Our December 26, 2018 proposed rule
provided a 30-day review and comment
period. The comment period closed on
January 25, 2019. EPA received no
comments during the public comment
period.
III. What action is EPA taking?
EPA is approving a change to the
official designation of the Cleveland,
Ohio area for the 2012 annual PM2.5
NAAQS, found at 40 CFR part 81, from
nonattainment to attainment. EPA is
approving a determination that the
Cleveland area has attained the 2012
annual PM2.5 standard, based on the
most recent three years of certified air
quality data. This action also approves
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14881
the maintenance plan for the 2012
annual PM2.5 NAAQS as revision to the
Ohio SIP for the Cleveland area. Finally,
EPA is approving 2022 and 2030
primary PM2.5 and nitrogen oxide motor
vehicle emission budgets (MVEBs) for
the Cleveland area. These MVEBs will
be used in future transportation
conformity analyses for the area.
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. This rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, this rule relieves the state of
planning requirements for this PM2.5
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 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
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
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14882
Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Rules and Regulations
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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 11, 2019. 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,
Nitrogen dioxide, Particulate matter,
Sulfur oxides, Volatile organic
compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: March 25, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
Title 40 CFR parts 52 and 81 are
amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1870, the table in paragraph
(e) is amended under ‘‘Summary of
Criteria Pollutant Maintenance Plan’’ by
adding an entry ‘‘PM2.5 (2012)’’ before
the entry ‘‘SO2 (1971)’’ (with a State
date of 6/25/1992) to read as follows:
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§ 52.1870
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Identification of plan.
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EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable geographical
or non-attainment area
Title
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State date
EPA approval
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Comments
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Summary of Criteria Pollutant Maintenance Plan
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PM2.5 (2012) .......
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Cleveland ........................
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7/24/2018
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4/12/2019, [insert FedEPA is approving the following elements: a detereral Register citation].
mination that the Cleveland area has attained
the 2012 annual PM2.5 standard, a maintenance
plan for the 2012 annual PM2.5 NAAQS, 2022
and 2030 primary PM2.5 and NOX MVEBs for
the Cleveland area.
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Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Rules and Regulations
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.
§ 81.336
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4. Section 81.336 is amended by
revising the entry ‘‘Cleveland, OH’’ in
the table entitled ‘‘Ohio—2012 Annual
PM2.5 NAAQS’’ to read as follows:
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Ohio.
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OHIO—2012 ANNUAL PM2.5 NAAQS
[Primary]
Designation
Classification
Designated area 1
Date 2
Cleveland, OH:
Cuyahoga County ....................
Lorain County ..........................
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Type
4/12/2019
4/12/2019
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Date 2
Attainment
Attainment
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Type
Moderate
Moderate
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1 Includes
2 This
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areas of Indian country located in each county or area, except as otherwise specified.
date is April 15, 2015, unless otherwise noted.
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[FR Doc. 2019–07334 Filed 4–11–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2018–0546; FRL–9987–46]
Polyvinyl Acetate—Polyvinyl Alcohol
Copolymer; Tolerance Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of polyvinyl
acetate—polyvinyl alcohol copolymer;
when used as an inert ingredient in a
pesticide chemical formulation. Keller
and Heckman LLP. on behalf of
Synthomer USA LLC submitted a
petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA),
requesting an exemption from the
requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of polyvinyl acetate—
polyvinyl alcohol copolymer on food or
feed commodities.
DATES: This regulation is effective April
12, 2019. Objections and requests for
hearings must be received on or before
June 11, 2019 and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0546, is
available at https://www.regulations.gov
jbell on DSK30RV082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:08 Apr 11, 2019
Jkt 247001
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
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B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://www.ecfr.
gov/cgi-bin/text-idx?&c=ecfr&tpl=/
ecfrbrowse/Title40/40tab_02.tpl.
C. Can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2018–0546 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before June 11, 2019. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2018–0546, by one of the following
methods.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
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[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Rules and Regulations]
[Pages 14881-14883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07334]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2018-0572; FRL-9992-21-Region 5]
Air Plan Approval; Ohio; Redesignation of the Cleveland Area to
Attainment of the 2012 Annual Standard for Fine Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
Ohio Environmental Protection Agency's (Ohio) request to redesignate
the Cleveland area to attainment of the 2012 annual national ambient
air quality standard (NAAQS or standards) for fine particulate matter
(PM2.5) under the Clean Air Act (CAA).
DATES: This final rule is effective on April 12, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0572. All documents in the docket are listed on
the www.regulations.gov website. 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 Michael Leslie, Environmental Engineer, at (312)
353-6680 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, [email protected].
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 being addressed by this document?
II. What comments did we receive on the proposed SIP revision?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed by this document?
On July 24, 2018, Ohio submitted a request for EPA to redesignate
the Cleveland area to attainment of the 2012 annual PM2.5
NAAQS under section 107(d)(3)(E) the CAA. On December 26, 2018, at 83
FR 66200, EPA proposed to approve the State's revision to the SIP for
the 2012 PM2.5 NAAQS in the Cleveland nonattainment area.
II. What comments did we receive on the proposed SIP revision?
Our December 26, 2018 proposed rule provided a 30-day review and
comment period. The comment period closed on January 25, 2019. EPA
received no comments during the public comment period.
III. What action is EPA taking?
EPA is approving a change to the official designation of the
Cleveland, Ohio area for the 2012 annual PM2.5 NAAQS, found
at 40 CFR part 81, from nonattainment to attainment. EPA is approving a
determination that the Cleveland area has attained the 2012 annual
PM2.5 standard, based on the most recent three years of
certified air quality data. This action also approves the maintenance
plan for the 2012 annual PM2.5 NAAQS as revision to the Ohio
SIP for the Cleveland area. Finally, EPA is approving 2022 and 2030
primary PM2.5 and nitrogen oxide motor vehicle emission
budgets (MVEBs) for the Cleveland area. These MVEBs will be used in
future transportation conformity analyses for the area.
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. This rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, this rule relieves the state of
planning requirements for this PM2.5 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 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 CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions,
[[Page 14882]]
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 11, 2019. 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, Nitrogen dioxide, Particulate
matter, Sulfur oxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: March 25, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
Title 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. In Sec. 52.1870, the table in paragraph (e) is amended under
``Summary of Criteria Pollutant Maintenance Plan'' by adding an entry
``PM2.5 (2012)'' before the entry ``SO2 (1971)''
(with a State date of 6/25/1992) to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Title geographical or non- State date EPA approval Comments
attainment area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Summary of Criteria Pollutant Maintenance Plan
----------------------------------------------------------------------------------------------------------------
* * * * * * *
PM2.5 (2012)............... Cleveland........... 7/24/2018 4/12/2019, [insert EPA is approving the
Federal Register following elements: a
citation]. determination that the
Cleveland area has
attained the 2012
annual PM2.5 standard,
a maintenance plan for
the 2012 annual PM2.5
NAAQS, 2022 and 2030
primary PM2.5 and NOX
MVEBs for the Cleveland
area.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 14883]]
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 ``Cleveland, OH'' in
the table entitled ``Ohio--2012 Annual PM2.5 NAAQS'' to read
as follows:
Sec. 81.336 Ohio.
* * * * *
Ohio--2012 Annual PM2.5 NAAQS
[Primary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ -----------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Cleveland, OH:
Cuyahoga County............... 4/12/2019 Attainment Moderate
Lorain County................. 4/12/2019 Attainment Moderate
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes areas of Indian country located in each county or area, except as otherwise specified.
\2\ This date is April 15, 2015, unless otherwise noted.
* * * * *
[FR Doc. 2019-07334 Filed 4-11-19; 8:45 am]
BILLING CODE 6560-50-P
