Air Plan Approval; Ohio; Redesignation of the Columbus, Ohio Area to Attainment of the 2015 Ozone Standard, 43508-43510 [2019-17795]
Download as PDF
<![CDATA[
43508
Federal Register / Vol. 84, No. 162 / Wednesday, August 21, 2019 / Rules and Regulations
Determination) is based on air quality
monitoring data, air quality dispersion
modeling information, and other
supporting information. This
determination suspends the
requirements for the State to submit a
reasonable further progress plan,
attainment demonstration, contingency
measures and any other plan elements
relating to attainment of the 3-hour, 24hour, and annual 1971 SO2 NAAQS for
as long as the area continues to meet
each NAAQS.
[FR Doc. 2019–17834 Filed 8–20–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2019–0239; FRL–9998–50–
Region 5]
Air Plan Approval; Ohio;
Redesignation of the Columbus, Ohio
Area to Attainment of the 2015 Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) finds that the Columbus,
Ohio area is attaining the 2015 ozone
National Ambient Air Quality Standard
(NAAQS or standard) and is acting in
accordance with a request from the Ohio
Environmental Protection Agency (Ohio
EPA) to redesignate the area to
attainment for the 2015 ozone NAAQS
because the request meets the statutory
requirements for redesignation under
the Clean Air Act (CAA). The Columbus
area includes Delaware, Fairfield,
Franklin, and Licking Counties. Ohio
EPA submitted this request on April 23,
2019. EPA is also approving, as a
revision to the Ohio State
Implementation Plan (SIP), the State’s
plan for maintaining the 2015 ozone
NAAQS through 2030 in the Columbus
area. Finally, EPA finds adequate and is
approving Ohio’s 2023 and 2030 volatile
organic compound (VOC) and oxides of
nitrogen (NOX) Motor Vehicle Emission
Budgets (MVEBs) for the Columbus area.
DATES: This final rule is effective August
21, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2019–0239. All
documents in the docket are listed in
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
jspears on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:52 Aug 20, 2019
Jkt 247001
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
https://www.regulations.gov, or please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section
for additional availability information.
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.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. What is being addressed in this
document?
This rule takes action on the April 23,
2019, submission from Ohio EPA
requesting redesignation of the
Columbus area to attainment for the
2015 ozone standard. The background
for this action is discussed in detail in
EPA’s proposal, dated July 3, 2019 (84
FR 31814). In that rulemaking, we noted
that, under EPA regulations at 40 CFR
part 50, the 2015 ozone NAAQS is
attained in an area when the 3-year
average of the annual fourth highest
daily maximum 8-hour average ozone
concentration is equal to or less than
0.070 parts per million, when truncated
after the third decimal place, at all of
the ozone monitoring sites in the area.
(See 40 CFR 50.15 and appendix U of
part 50.) Under the CAA, EPA may
redesignate nonattainment areas to
attainment if sufficient complete,
quality-assured data are available to
determine that the area has attained the
standard and if it meets the other CAA
redesignation requirements in section
107(d)(3)(E). The proposed rule
provides a detailed discussion of how
Ohio has met these CAA requirements.
As discussed in the proposed rule,
quality-assured and certified monitoring
data for 2016–2018 and preliminary
data for 2019 show that the Columbus
area has attained and continues to attain
the 2015 ozone standard. In the
maintenance plan submitted for the
area, Ohio has demonstrated that the
ozone standard will be maintained in
the area through 2030. Finally, Ohio has
adopted 2023 and 2030 VOC and NOX
MVEBs for the Columbus area that are
supported by Ohio’s maintenance
demonstration.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
II. What comments did we receive on
the proposed rule?
EPA provided a 30-day review and
comment period for the July 3, 2019,
proposed rule. The comment period
ended on August 2, 2019. We received
one comment in support of EPA’s
proposed action. We received no
adverse comments on the proposed rule.
III. What action is EPA taking?
EPA is determining that the Columbus
nonattainment area is attaining the 2015
ozone standard, based on qualityassured and certified monitoring data
for 2016–2018 and that the area has met
the requirements for redesignation
under section 107(d)(3)(E) of the CAA.
EPA is thus changing the legal
designation of the Columbus area from
nonattainment to attainment for the
2015 ozone standard. EPA is also
approving, as a revision to the Ohio SIP,
the State’s maintenance plan for the
area. The maintenance plan is designed
to keep the Columbus area in attainment
of the 2015 ozone NAAQS through
2030. Finally, EPA finds adequate and
is approving the newly-established 2023
and 2030 MVEBs for the Columbus 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 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.
E:\FR\FM\21AUR1.SGM
21AUR1
43509
Federal Register / Vol. 84, No. 162 / Wednesday, August 21, 2019 / Rules and Regulations
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);
• 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, 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 October 21, 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,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: August 8, 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 a new entry for ‘‘Ozone (8-Hour,
2015)’’ before the entry for ‘‘PM–10’’ to
read as follows:
■
§ 52.1870
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
jspears on DSK3GMQ082PROD with RULES
Title
*
Applicable geographical or
non-attainment area
*
State date
*
EPA approval
*
Comments
*
*
Summary of Criteria Pollutant Maintenance Plan
VerDate Sep<11>2014
16:52 Aug 20, 2019
Jkt 247001
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
E:\FR\FM\21AUR1.SGM
21AUR1
*
43510
Federal Register / Vol. 84, No. 162 / Wednesday, August 21, 2019 / Rules and Regulations
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS—Continued
Applicable geographical or
non-attainment area
Title
*
Ozone (8-Hour,
2015).
State date
*
*
Columbus
(Delaware,
Fairfield,
Franklin, and Licking Counties.
*
*
EPA approval
*
4/23/2019
*
*
8/21/2019, [insert Federal
Register citation].
*
*
Authority: 42 U.S.C. 7401, et seq.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
4. Section 81.336 is amended by
revising the entry for Columbus, OH in
the table entitled ‘‘Ohio-2015 8-Hour
■
3. The authority citation for part 81
continues to read as follows:
■
Comments
*
*
*
*
Ozone NAAQS [Primary and
Secondary]’’ to read as follows:
§ 81.336
*
Ohio.
*
*
*
*
OHIO—2015 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation
Classification
Designated area 1
Date 2
*
*
*
Columbus, OH: .....................................................
Delaware County
Fairfield County
Franklin County
Licking County
*
*
8/21/2019
*
Date 2
Type
*
Attainment.
*
Type
*
*
*
*
*
*
1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
*
*
*
*
*
[FR Doc. 2019–17795 Filed 8–20–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2018–0201; FRL–9997–14]
C1-C4 Linear and Branched Chain Alkyl
D-Glucitol Dianhydro Alkyl Ethers;
Exemption From the Requirement of a
Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
exemptions from the requirement of a
tolerance for residues of pesticide inert
ingredients within the C1-C4 linear and
branched chain alkyl d-glucitol
dianhydro alkyl ethers (AD–GDAE)
cluster. These exemptions are being
established with the following terms:
When used as an inert ingredient
(solvent, co-solvent, viscosity modifier
jspears on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:52 Aug 20, 2019
Jkt 247001
and adjuvant) in pesticide formulations
applied to growing crops and raw
agricultural commodities after harvest,
on animals, and in antimicrobial
formulations applied to food-contact
surfaces in public-eating places, dairyprocessing equipment, and foodprocessing equipment, and utensils, and
in antimicrobial formulations used for
dairy processing equipment, and foodprocessing equipment and utensils.
Exponent, Inc., on behalf of Croda, Inc.,
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), requesting establishment of an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of C1-C4
linear and branched chain alkyl dglucitol dianhydro alkyl ethers cluster
when used in accordance with the terms
of these exemptions.
This regulation is effective
August 21, 2019. Objections and
requests for hearings must be received
on or before October 21, 2019, and must
be filed in accordance with the
instructions provided in 40 CFR part
DATES:
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0201, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Michael L. Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
E:\FR\FM\21AUR1.SGM
21AUR1
]]>Agencies
[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Rules and Regulations]
[Pages 43508-43510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17795]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2019-0239; FRL-9998-50-Region 5]
Air Plan Approval; Ohio; Redesignation of the Columbus, Ohio Area
to Attainment of the 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) finds that the
Columbus, Ohio area is attaining the 2015 ozone National Ambient Air
Quality Standard (NAAQS or standard) and is acting in accordance with a
request from the Ohio Environmental Protection Agency (Ohio EPA) to
redesignate the area to attainment for the 2015 ozone NAAQS because the
request meets the statutory requirements for redesignation under the
Clean Air Act (CAA). The Columbus area includes Delaware, Fairfield,
Franklin, and Licking Counties. Ohio EPA submitted this request on
April 23, 2019. EPA is also approving, as a revision to the Ohio State
Implementation Plan (SIP), the State's plan for maintaining the 2015
ozone NAAQS through 2030 in the Columbus area. Finally, EPA finds
adequate and is approving Ohio's 2023 and 2030 volatile organic
compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle
Emission Budgets (MVEBs) for the Columbus area.
DATES: This final rule is effective August 21, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2019-0239. All documents in the docket are listed in
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information 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
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
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,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is being addressed in this document?
This rule takes action on the April 23, 2019, submission from Ohio
EPA requesting redesignation of the Columbus area to attainment for the
2015 ozone standard. The background for this action is discussed in
detail in EPA's proposal, dated July 3, 2019 (84 FR 31814). In that
rulemaking, we noted that, under EPA regulations at 40 CFR part 50, the
2015 ozone NAAQS is attained in an area when the 3-year average of the
annual fourth highest daily maximum 8-hour average ozone concentration
is equal to or less than 0.070 parts per million, when truncated after
the third decimal place, at all of the ozone monitoring sites in the
area. (See 40 CFR 50.15 and appendix U of part 50.) Under the CAA, EPA
may redesignate nonattainment areas to attainment if sufficient
complete, quality-assured data are available to determine that the area
has attained the standard and if it meets the other CAA redesignation
requirements in section 107(d)(3)(E). The proposed rule provides a
detailed discussion of how Ohio has met these CAA requirements.
As discussed in the proposed rule, quality-assured and certified
monitoring data for 2016-2018 and preliminary data for 2019 show that
the Columbus area has attained and continues to attain the 2015 ozone
standard. In the maintenance plan submitted for the area, Ohio has
demonstrated that the ozone standard will be maintained in the area
through 2030. Finally, Ohio has adopted 2023 and 2030 VOC and
NOX MVEBs for the Columbus area that are supported by Ohio's
maintenance demonstration.
II. What comments did we receive on the proposed rule?
EPA provided a 30-day review and comment period for the July 3,
2019, proposed rule. The comment period ended on August 2, 2019. We
received one comment in support of EPA's proposed action. We received
no adverse comments on the proposed rule.
III. What action is EPA taking?
EPA is determining that the Columbus nonattainment area is
attaining the 2015 ozone standard, based on quality-assured and
certified monitoring data for 2016-2018 and that the area has met the
requirements for redesignation under section 107(d)(3)(E) of the CAA.
EPA is thus changing the legal designation of the Columbus area from
nonattainment to attainment for the 2015 ozone standard. EPA is also
approving, as a revision to the Ohio SIP, the State's maintenance plan
for the area. The maintenance plan is designed to keep the Columbus
area in attainment of the 2015 ozone NAAQS through 2030. Finally, EPA
finds adequate and is approving the newly-established 2023 and 2030
MVEBs for the Columbus 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 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.
[[Page 43509]]
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);
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, 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 October 21, 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, Oxides of nitrogen, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: August 8, 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 a new
entry for ``Ozone (8-Hour, 2015)'' before the entry for ``PM-10'' 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
----------------------------------------------------------------------------------------------------------------
[[Page 43510]]
* * * * * * *
Ozone (8-Hour, 2015).......... Columbus (Delaware, 4/23/2019 8/21/2019,
Fairfield, Franklin, [insert Federal
and Licking Counties. Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Section 81.336 is amended by revising the entry for Columbus, OH in
the table entitled ``Ohio-2015 8-Hour Ozone NAAQS [Primary and
Secondary]'' to read as follows:
Sec. 81.336 Ohio.
* * * * *
Ohio--2015 8-Hour Ozone NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ ------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Columbus, OH:.................... 8/21/2019 Attainment.........
Delaware County
Fairfield County
Franklin County
Licking County
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2019-17795 Filed 8-20-19; 8:45 am]
BILLING CODE 6560-50-P
