Air Plan Approval; Ohio; Second Maintenance Plan for 1997 Ozone NAAQS; Dayton-Springfield, 52001-52003 [2019-20850]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Pages 52001-52003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20850]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0216; FRL-10000-38-Region 5]


Air Plan Approval; Ohio; Second Maintenance Plan for 1997 Ozone 
NAAQS; Dayton-Springfield

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, under 
the Clean Air Act (CAA), Ohio's plan for maintaining the 1997 ozone 
National Ambient Air Quality Standard (NAAQS or standard) through 2028 
in the Dayton-Springfield area. The Dayton-Springfield area consists of 
Clark, Greene, Miami and Montgomery Counties. The Ohio Environmental 
Protection Agency submitted this state implementation plan (SIP) 
revision to EPA on April 12, 2019.

DATES: This final rule is effective October 31, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2019-0216. 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 approves Ohio's April 23, 2019 submission of a plan to 
provide for maintenance of the 1997 ozone standard in the Dayton-
Springfield area through 2028. The Dayton-Springfield area was 
designated as nonattainment for the 1997 ozone NAAQS on April 15, 2004 
(69 FR 23857) and subsequently redesignated to attainment on August 13, 
2007 (72 FR 45169). As a prerequisite to redesignation, Ohio developed 
a maintenance plan for the Dayton-Springfield area as required by CAA 
section 175A. The maintenance plan demonstrated that the area would 
continue to maintain the 1997 ozone standard through 2018 (more than 10 
years after redesignation) and contained contingency provisions to 
assure that violations of the standard would be promptly corrected.
    Under CAA section 175A(b), states must submit a revision to the 
first maintenance plan eight years after redesignation to provide for 
maintenance of the NAAQS for ten additional years following the end of 
the first 10-year period. On April 12, 2019, Ohio submitted a second 
maintenance plan for the Dayton-Springfield area demonstrating 
continued maintenance of the 1997 ozone NAAQS through 2028, i.e., 
through the end of the full 20-year maintenance period.
    On July 9, 2019 (84 FR 32678), EPA proposed to approve Ohio's April 
12, 2019 submittal. The specific details of Ohio's second 1997 ozone 
NAAQS maintenance plan for the Dayton-Springfield area and the 
rationale for EPA's approval are discussed in the notice of proposed 
rulemaking and will not be restated here.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period for the July 9, 
2019, proposed rule. The comment period

[[Page 52002]]

ended on August 8, 2019. We received no comments on the proposed rule.

III. What action is EPA taking?

    EPA is approving, as a revision to the Ohio SIP, the State's plan 
for maintaining the 1997 ozone NAAQS through 2028 in the Dayton-
Springfield area.

IV. Statutory and Executive Order Reviews

    Under the CAA 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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 2, 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Volatile organic compounds.

    Dated: September 11, 2019.
Cheryl L Newton,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. In Sec.  52.1870, the table in paragraph (e) is amended under the 
subheading ``Summary of Criteria Pollutant Maintenance Plan'' by 
revising the entry for ``Ozone 8-Hour'' for Dayton-Springfield (Miami, 
Montgomery, Clark, and Greene Counties) with a State date of 11/6/2006 
to read as follows:


Sec.  52.1870  Identification of plan.

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    (e) * * *

                         EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
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                                    Applicable
                                 geographical  or
             Title                non-attainment    State date     EPA approval               Comments
                                       area
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                                                  * * * * * * *
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                                 Summary of Criteria Pollutant Maintenance Plan
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                                                  * * * * * * *
Ozone (8-Hour, 1997)..........  Dayton-              4/12/2019  10/1/2019,         2nd maintenance plan.
                                 Springfield                     [insert Federal
                                 (Miami,                         Register
                                 Montgomery,                     citation].
                                 Clark, and
                                 Greene Counties).
 
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[FR Doc. 2019-20850 Filed 9-30-19; 8:45 am]
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