Designation of Areas for Air Quality Planning Purposes; Ohio; Redesignation of the Ohio Portion of the Steubenville Sulfur Dioxide Nonattainment Area, 65683-65685 [2019-25818]
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Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations
transport and storage of materials in
bulk; padding, cushioning and stuffing
materials, except of paper, cardboard,
rubber or plastics; raw fibrous textile
materials and substitutes therefor.
23. Yarns and threads for textile use.
24. Textiles and substitutes for
textiles; household linen; curtains of
textile or plastic.
25. Clothing, footwear, headwear.
26. Lace, braid and embroidery, and
haberdashery ribbons and bows;
buttons, hooks and eyes, pins and
needles; artificial flowers; hair
decorations; false hair.
27. Carpets, rugs, mats and matting,
linoleum and other materials for
covering existing floors; wall hangings,
not of textile.
28. Games, toys and playthings; video
game apparatus; gymnastic and sporting
articles; decorations for Christmas trees.
29. Meat, fish, poultry and game; meat
extracts; preserved, frozen, dried and
cooked fruits and vegetables; jellies,
jams, compotes; eggs; milk, cheese,
butter, yogurt and other milk products;
oils and fats for food.
30. Coffee, tea, cocoa and artificial
coffee; rice, pasta and noodles; tapioca
and sago; flour and preparations made
from cereals; bread, pastries and
confectionery; chocolate; ice cream,
sorbets and other edible ices; sugar,
honey, treacle; yeast, baking-powder;
salt, seasonings, spices, preserved herbs;
vinegar, sauces and other condiments;
ice (frozen water).
31. Raw and unprocessed agricultural,
aquacultural, horticultural and forestry
products; raw and unprocessed grains
and seeds; fresh fruits and vegetables,
fresh herbs; natural plants and flowers;
bulbs, seedlings and seeds for planting;
live animals; foodstuffs and beverages
for animals; malt.
32. Beers; non-alcoholic beverages;
mineral and aerated waters; fruit
beverages and fruit juices; syrups and
other non-alcoholic preparations for
making beverages.
33. Alcoholic beverages, except beers;
alcoholic preparations for making
beverages.
34. Tobacco and tobacco substitutes;
cigarettes and cigars; electronic
cigarettes and oral vaporizers for
smokers; smokers’ articles; matches.
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Services
35. Advertising; business
management; business administration;
office functions.
36. Insurance; financial affairs;
monetary affairs; real estate affairs.
37. Construction services; installation
and repair services; mining extraction,
oil and gas drilling.
38. Telecommunications services.
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39. Transport; packaging and storage
of goods; travel arrangement.
40. Treatment of materials; recycling
of waste and trash; air purification and
treatment of water; printing services;
food and drink preservation.
41. Education; providing of training;
entertainment; sporting and cultural
activities.
42. Scientific and technological
services and research and design
relating thereto; industrial analysis,
industrial research and industrial design
services; quality control and
authentication services; design and
development of computer hardware and
software.
43. Services for providing food and
drink; temporary accommodation.
44. Medical services; veterinary
services; hygienic and beauty care for
human beings or animals; agriculture,
aquaculture, horticulture and forestry
services.
45. Legal services; security services
for the physical protection of tangible
property and individuals; personal and
social services rendered by others to
meet the needs of individuals.
Dated: November 21, 2019.
Andrei Iancu,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2019–25807 Filed 11–27–19; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2019–0394; FRL–10002–
56–Region 5]
Designation of Areas for Air Quality
Planning Purposes; Ohio;
Redesignation of the Ohio Portion of
the Steubenville Sulfur Dioxide
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
In accordance with the Clean
Air Act (CAA), the Environmental
Protection Agency (EPA) is
redesignating the Ohio portion of the
Steubenville Ohio-West Virginia
interstate sulfur dioxide (SO2)
nonattainment area (Steubenville
nonattainment area) from nonattainment
to attainment. EPA is also approving
Ohio’s maintenance plan. Emissions of
SO2 in the area have been reduced and
the air quality in the nonattainment area
is currently well below the 2010 SO2
SUMMARY:
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65683
national ambient air quality standard
(NAAQS).
DATES: This final rule is effective on
November 29, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2019–0394. 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 Mary
Portanova, Environmental Engineer, at
(312) 353–5954, before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Mary Portanova, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–5954,
portanova.mary@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On September 20, 2019 (84 FR 49492),
EPA proposed to redesignate the Ohio
portion of the Steubenville Ohio-West
Virginia interstate SO2 nonattainment
area from nonattainment to attainment
of the 2010 SO2 NAAQS. EPA also
proposed to approve Ohio’s SO2
maintenance plan for the area. An
explanation of the CAA requirements
for redesignation, a detailed analysis of
the redesignation request and
maintenance plan, and EPA’s reasons
for proposing approval were provided in
the notice of proposed rulemaking and
will not be restated here. The public
comment period for this proposed rule
ended on October 21, 2019.
The Steubenville nonattainment area
is comprised of a portion of Jefferson
County, Ohio and a portion of Brooke
County, West Virginia. The Ohio
portion of the Steubenville
nonattainment area includes Cross
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65684
Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations
Creek Township, Steubenville
Township, Warren Township, Wells
Township, and Steubenville City in
Jefferson County.
Ohio and West Virginia prepared
nonattainment State Implementation
Plans (SIPs) to provide for attainment of
the 2010 SO2 NAAQS in the
Steubenville nonattainment area by the
SO2 attainment date of October 4, 2018.
EPA approved the nonattainment SIPs
from Ohio and West Virginia on October
22, 2019 (84 FR 56385).
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II. Public Comments
EPA received two public comments
on the September 20, 2019 proposal to
redesignate the Ohio portion of the
Steubenville nonattainment area. Both
comments supported the proposed
redesignation. The comments are
included in the docket for this action.
III. What action is EPA taking?
EPA is redesignating the Ohio portion
of the Steubenville nonattainment area
from nonattainment to attainment of the
2010 SO2 NAAQS. The Ohio portion of
the Steubenville nonattainment area
includes Cross Creek Township,
Steubenville Township, Warren
Township, Wells Township, and
Steubenville City in Jefferson County.
Ohio has demonstrated that the area is
attaining the SO2 standard, and that the
improvement in air quality is due to
permanent and enforceable SO2
emission reductions in the
nonattainment area. EPA is also
approving Ohio’s maintenance plan,
which is designed to ensure that the
area will continue to maintain the SO2
standard.
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,
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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
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 the 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,
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
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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 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 January 28, 2020. 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
E:\FR\FM\29NOR1.SGM
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65685
Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations
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
Authority: 42 U.S.C. 7401 et seq.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
2. In § 52.1870, the table in paragraph
(e) is amended under ‘‘Summary of
Criteria Pollutant Maintenance Plan’’ by
adding an entry for ‘‘SO2 (2010)’’ before
the entry ‘‘CO (1979)’’ to read as
follows:
■
Dated: November 13, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
Title 40 CFR parts 52 and 81 are
amended as follows:
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Sulfur oxides.
§ 52.1870
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Identification of plan.
*
*
*
*
(e) * * *
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Applicable geographical or non-attainment area
*
*
*
SO2 (2010) ........
State date
Comments
*
*
*
Summary of Criteria Pollutant Maintenance Plan
*
*
*
Steubenville OH-WV (partial Jefferson County) .......
*
EPA approval
*
*
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
6/25/2019
*
*
*
*
*
11/29/2019, [insert Federal Register citation].
*
Authority: 42 U.S.C. 7401, et seq.
4. Section 81.336 is amended by
revising the entry ‘‘Steubenville, OHWV’’ in the table entitled ‘‘Ohio—2010
■
*
*
*
Sulfur Dioxide NAAQS (Primary)’’ to
read as follows:
§ 81.336
*
*
Ohio.
*
*
*
OHIO—2010 SULFUR DIOXIDE NAAQS
[Primary]
Designation
Designated area 1
Date 2
*
*
*
*
*
Steubenville, OH-WV ......................................................................................................................
Jefferson County (part).
Cross Creek Township, Steubenville Township, Warren Township, Wells Township,
Steubenville City.
*
*
*
*
*
November 29, 2019 ..................
*
*
1 Includes
Type
*
Attainment.
*
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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 April 9, 2018, unless otherwise noted.
*
*
*
*
*
[FR Doc. 2019–25818 Filed 11–27–19; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Rules and Regulations]
[Pages 65683-65685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25818]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2019-0394; FRL-10002-56-Region 5]
Designation of Areas for Air Quality Planning Purposes; Ohio;
Redesignation of the Ohio Portion of the Steubenville Sulfur Dioxide
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is redesignating the Ohio portion of the
Steubenville Ohio-West Virginia interstate sulfur dioxide
(SO2) nonattainment area (Steubenville nonattainment area)
from nonattainment to attainment. EPA is also approving Ohio's
maintenance plan. Emissions of SO2 in the area have been
reduced and the air quality in the nonattainment area is currently well
below the 2010 SO2 national ambient air quality standard
(NAAQS).
DATES: This final rule is effective on November 29, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2019-0394. 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 Mary Portanova, Environmental Engineer, at (312)
353-5954, before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-5954, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On September 20, 2019 (84 FR 49492), EPA proposed to redesignate
the Ohio portion of the Steubenville Ohio-West Virginia interstate
SO2 nonattainment area from nonattainment to attainment of
the 2010 SO2 NAAQS. EPA also proposed to approve Ohio's
SO2 maintenance plan for the area. An explanation of the CAA
requirements for redesignation, a detailed analysis of the
redesignation request and maintenance plan, and EPA's reasons for
proposing approval were provided in the notice of proposed rulemaking
and will not be restated here. The public comment period for this
proposed rule ended on October 21, 2019.
The Steubenville nonattainment area is comprised of a portion of
Jefferson County, Ohio and a portion of Brooke County, West Virginia.
The Ohio portion of the Steubenville nonattainment area includes Cross
[[Page 65684]]
Creek Township, Steubenville Township, Warren Township, Wells Township,
and Steubenville City in Jefferson County.
Ohio and West Virginia prepared nonattainment State Implementation
Plans (SIPs) to provide for attainment of the 2010 SO2 NAAQS
in the Steubenville nonattainment area by the SO2 attainment
date of October 4, 2018. EPA approved the nonattainment SIPs from Ohio
and West Virginia on October 22, 2019 (84 FR 56385).
II. Public Comments
EPA received two public comments on the September 20, 2019 proposal
to redesignate the Ohio portion of the Steubenville nonattainment area.
Both comments supported the proposed redesignation. The comments are
included in the docket for this action.
III. What action is EPA taking?
EPA is redesignating the Ohio portion of the Steubenville
nonattainment area from nonattainment to attainment of the 2010
SO2 NAAQS. The Ohio portion of the Steubenville
nonattainment area includes Cross Creek Township, Steubenville
Township, Warren Township, Wells Township, and Steubenville City in
Jefferson County. Ohio has demonstrated that the area is attaining the
SO2 standard, and that the improvement in air quality is due
to permanent and enforceable SO2 emission reductions in the
nonattainment area. EPA is also approving Ohio's maintenance plan,
which is designed to ensure that the area will continue to maintain the
SO2 standard.
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 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 the 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,
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 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 January 28, 2020. 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
[[Page 65685]]
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, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: November 13, 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
for ``SO2 (2010)'' before the entry ``CO (1979)'' to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable geographical
Title or non-attainment area State date EPA approval Comments
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Summary of Criteria Pollutant Maintenance Plan
----------------------------------------------------------------------------------------------------------------
* * * * * * *
SO2 (2010)............... Steubenville OH-WV 6/25/2019 11/29/2019, [insert
(partial Jefferson Federal Register
County). 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 ``Steubenville, OH-
WV'' in the table entitled ``Ohio--2010 Sulfur Dioxide NAAQS
(Primary)'' to read as follows:
Sec. 81.336 Ohio.
* * * * *
Ohio--2010 Sulfur Dioxide NAAQS
[Primary]
------------------------------------------------------------------------
Designation
Designated area \1\ --------------------------------------
Date \2\ Type
------------------------------------------------------------------------
* * * * * * *
Steubenville, OH-WV.............. November 29, 2019 Attainment.
Jefferson County (part).
Cross Creek Township,
Steubenville Township,
Warren Township, Wells
Township, Steubenville
City.
* * * * * * *
------------------------------------------------------------------------
\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 April 9, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2019-25818 Filed 11-27-19; 8:45 am]
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