80_FR_30068 80 FR 29968 - Approval and Promulgation of Air Quality Implementation Plans; Ohio; Removal of General Conformity Regulations

80 FR 29968 - Approval and Promulgation of Air Quality Implementation Plans; Ohio; Removal of General Conformity Regulations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 100 (May 26, 2015)

Page Range29968-29970
FR Document2015-12363

The Environmental Protection Agency (EPA) is approving the removal of general conformity regulations from the Ohio state implementation plan (SIP) under the Clean Air Act (CAA). These regulations are no longer necessary since the establishment of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users transportation act (transportation act) removed the requirement for states to maintain general conformity regulations.

Federal Register, Volume 80 Issue 100 (Tuesday, May 26, 2015)
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29968-29970]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12363]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0659; FRL-9927-98-Region-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Removal of General Conformity Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving the 
removal of general conformity regulations from the Ohio state 
implementation plan (SIP) under the Clean Air Act (CAA). These 
regulations are no longer necessary since the establishment of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users transportation act (transportation act) removed the 
requirement for states to maintain general conformity regulations.

DATES: This direct final rule will be effective July 27, 2015, unless 
EPA receives adverse comments by June 25, 2015. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2014-0659, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office official hours of business are 
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2014-0659. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy 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 Anthony Maietta, Environmental 
Protection Specialist, at (312) 353-8777 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
[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 the background for this action?
II. What is EPA's analysis of the state's submittal?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    On March 11, 1996, EPA approved the general conformity rules in 
chapter 3745-102 of the Ohio Administrative Code (OAC) into the Ohio 
SIP (61 FR 9646). General conformity is a requirement of section 176(c) 
of the CAA to ensure that no Federally supported actions outside of 
highway and transit projects interfere with the purpose of the approved 
SIP, i.e. the SIP's protection of the National Ambient Air Quality 
Standards. General conformity requirements currently apply to the 
following criteria pollutants: Ozone, particulate matter,

[[Page 29969]]

carbon monoxide, and nitrogen dioxide. The general conformity 
regulation is found in 40 CFR part 93, subpart B and provisions related 
to general conformity SIPs are found in 40 CFR 51.851.
    On August 10, 2005, the transportation act was signed into law, and 
among other things, it amended the CAA to eliminate the requirement for 
states to adopt and submit general conformity SIPs. On April 5, 2010 
(75 FR 17254), EPA updated the general conformity SIP regulations to be 
consistent with the transportation act by eliminating the Federal 
regulatory requirement for states to adopt and submit general 
conformity SIPs. See 40 CFR 51.851. On July 21, 2014, the Ohio 
Environmental Protection Agency submitted a request to remove the 
general conformity regulations from the Ohio SIP.

II. What is EPA's analysis of the state's submittal?

    We have reviewed Ohio's submittal to ensure consistency with the 
current CAA, as amended by the transportation act, and EPA regulations 
governing state procedures for general conformity (40 CFR 51.851). 
Specifically, 40 CFR 51.851(a) was changed to indicate that states 
``may'', not ``must'' submit to EPA a general conformity SIP because, 
as 40 CFR 51.851(b) indicates, Federal agencies shall use the 
provisions of 40 CFR part 93, subpart B in addition to any existing 
applicable state or tribal requirements to review the conformity of 
Federal actions in nonattainment or maintenance areas. Ohio's removal 
of general conformity rules from its SIP meets the requirements set 
forth in section 110(l) of the CAA with respect to adoption and 
submission of SIP revisions. 40 CFR part 93, subpart B continues to 
subject certain Federal actions to general conformity requirements 
without the need for identical state rules and SIPs. Therefore, 
repealing the state rule will not impact continuity of the general 
conformity program in Ohio, and consequently meets the requirements of 
section 110(l). Ohio's request to remove the general conformity 
regulations from the Ohio SIP is approvable.

III. What action is EPA taking?

    EPA is approving the removal of the general conformity regulations 
in OAC chapter 3745-102 from the Ohio SIP. We are publishing this 
action without prior proposal because we view this as a 
noncontroversial amendment and anticipate no adverse comments. However, 
in the proposed rules section of this Federal Register publication, we 
are publishing a separate document that will serve as the proposal to 
approve the state plan if relevant adverse written comments are filed. 
This rule will be effective July 27, 2015 without further notice unless 
we receive relevant adverse written comments by June 25, 2015. If we 
receive such comments, we will withdraw this action before the 
effective date by publishing a subsequent document that will withdraw 
the final action. All public comments received will then be addressed 
in a subsequent final rule based on the proposed action. EPA will not 
institute a second comment period. Any parties interested in commenting 
on this action should do so at this time. Please note that if EPA 
receives adverse comment on an amendment, paragraph, or section of this 
rule and if that provision may be severed from the remainder of the 
rule, EPA may adopt as final those provisions of the rule that are not 
the subject of an adverse comment. If we do not receive any comments, 
this action will be effective July 27, 2015.

VI. 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);
     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 (Public Law 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 July 27, 2015. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register,

[[Page 29970]]

rather than file an immediate petition for judicial review of this 
direct final rule, so that EPA can withdraw this direct final rule and 
address the comment in the proposed rulemaking. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: May 13, 2015.
Susan Hedman,
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.


Sec.  52.1870  [Amended]

0
2. Section 52.1870 is amended by removing and reserving paragraph 
(c)(107).

[FR Doc. 2015-12363 Filed 5-22-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                  29968              Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations

                                                  reference, Intergovernmental relations,                 to maintain general conformity                        the body of your comment and with any
                                                  Lead, Reporting and recordkeeping                       regulations.                                          disk or CD–ROM you submit. If EPA
                                                  requirements.                                           DATES:   This direct final rule will be               cannot read your comment due to
                                                    Dated: May 13, 2015.                                  effective July 27, 2015, unless EPA                   technical difficulties and cannot contact
                                                  Susan Hedman,                                           receives adverse comments by June 25,                 you for clarification, EPA may not be
                                                                                                          2015. If adverse comments are received,               able to consider your comment.
                                                  Regional Administrator, Region 5.
                                                                                                          EPA will publish a timely withdrawal of               Electronic files should avoid the use of
                                                      40 CFR part 52 is amended as follows:                                                                     special characters, any form of
                                                                                                          the direct final rule in the Federal
                                                                                                          Register informing the public that the                encryption, and be free of any defects or
                                                  PART 52—APPROVAL AND                                                                                          viruses.
                                                  PROMULGATION OF                                         rule will not take effect.
                                                                                                                                                                   Docket: All documents in the docket
                                                  IMPLEMENTATION PLANS                                    ADDRESSES: Submit your comments,
                                                                                                                                                                are listed in the www.regulations.gov
                                                                                                          identified by Docket ID No. EPA–R05–
                                                  ■ 1. The authority citation for part 52                                                                       index. Although listed in the index,
                                                                                                          OAR–2014–0659, by one of the
                                                  continues to read as follows:                                                                                 some information is not publicly
                                                                                                          following methods:
                                                                                                                                                                available, e.g., CBI or other information
                                                      Authority: 42 U.S.C. 7401 et seq.                      1. www.regulations.gov: Follow the
                                                                                                                                                                whose disclosure is restricted by statute.
                                                                                                          on-line instructions for submitting
                                                  ■ 2. Section 52.1892 is amended by                                                                            Certain other material, such as
                                                                                                          comments.
                                                  adding paragraph (f) to read as follows:                   2. Email: blakley.pamela@epa.gov.                  copyrighted material, will be publicly
                                                                                                             3. Fax: (312) 692–2450.                            available only in hard copy. Publicly
                                                  § 52.1892    Determination of attainment.                                                                     available docket materials are available
                                                                                                             4. Mail: Pamela Blakley, Chief,
                                                  *     *    *      *     *                               Control Strategies Section, Air Programs              either electronically in
                                                    (f) Based upon EPA’s review of the air                                                                      www.regulations.gov or in hard copy at
                                                                                                          Branch (AR–18J), U.S. Environmental
                                                  quality data for the three-year period                                                                        the Environmental Protection Agency,
                                                                                                          Protection Agency, 77 West Jackson
                                                  2012 to 2014, EPA determined that the                                                                         Region 5, Air and Radiation Division, 77
                                                                                                          Boulevard, Chicago, Illinois 60604.
                                                  Cleveland and Delta, OH lead                               5. Hand Delivery: Pamela Blakley,                  West Jackson Boulevard, Chicago,
                                                  nonattainment areas have attained the                   Chief, Control Strategies Section, Air                Illinois 60604. This facility is open from
                                                  2008 Lead National Ambient Air                          Programs Branch (AR–18J), U.S.                        8:30 a.m. to 4:30 p.m., Monday through
                                                  Quality Standard (NAAQS). This clean                    Environmental Protection Agency, 77                   Friday, excluding Federal holidays. We
                                                  data determination suspends the                         West Jackson Boulevard, Chicago,                      recommend that you telephone Anthony
                                                  requirements for these areas to submit                  Illinois 60604. Such deliveries are only              Maietta, Environmental Protection
                                                  an attainment demonstration, associated                 accepted during the Regional Office                   Specialist, at (312) 353–8777 before
                                                  reasonably available control measures, a                normal hours of operation, and special                visiting the Region 5 office.
                                                  reasonable further progress plan,                       arrangements should be made for                       FOR FURTHER INFORMATION CONTACT:
                                                  contingency measures, and other                         deliveries of boxed information. The                  Anthony Maietta, Environmental
                                                  planning SIPs related to attainment of                  Regional Office official hours of                     Protection Specialist, Control Strategies
                                                  the standard for as long as this area                   business are Monday through Friday,                   Section, Air Programs Branch (AR–18J),
                                                  continues to meet the 2008 lead                         8:30 a.m. to 4:30 p.m., excluding                     Environmental Protection Agency,
                                                  NAAQS.                                                  Federal holidays.                                     Region 5, 77 West Jackson Boulevard,
                                                  [FR Doc. 2015–12500 Filed 5–22–15; 8:45 am]                Instructions: Direct your comments to              Chicago, Illinois 60604, (312) 353–8777,
                                                  BILLING CODE 6560–50–P                                  Docket ID No. EPA–R05–OAR–2014–                       maietta.anthony@epa.gov.
                                                                                                          0659. EPA’s policy is that all comments               SUPPLEMENTARY INFORMATION:
                                                                                                          received will be included in the public               Throughout this document whenever
                                                  ENVIRONMENTAL PROTECTION                                docket without change and may be                      ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                  AGENCY                                                  made available online at                              EPA. This supplementary information
                                                                                                          www.regulations.gov, including any                    section is arranged as follows:
                                                  40 CFR Part 52                                          personal information provided, unless
                                                                                                                                                                I. What is the background for this action?
                                                  [EPA–R05–OAR–2014–0659; FRL–9927–98–                    the comment includes information                      II. What is EPA’s analysis of the state’s
                                                  Region–5]                                               claimed to be Confidential Business                        submittal?
                                                                                                          Information (CBI) or other information                III. What action is EPA taking?
                                                  Approval and Promulgation of Air                        whose disclosure is restricted by statute.            IV. Statutory and Executive Order Reviews
                                                  Quality Implementation Plans; Ohio;                     Do not submit information that you
                                                  Removal of General Conformity                           consider to be CBI or otherwise                       I. What is the background for this
                                                  Regulations                                             protected through www.regulations.gov                 action?
                                                  AGENCY: Environmental Protection                        or email. The www.regulations.gov Web                   On March 11, 1996, EPA approved the
                                                  Agency (EPA).                                           site is an ‘‘anonymous access’’ system,               general conformity rules in chapter
                                                  ACTION: Direct final rule.                              which means EPA will not know your                    3745–102 of the Ohio Administrative
                                                                                                          identity or contact information unless                Code (OAC) into the Ohio SIP (61 FR
                                                  SUMMARY:   The Environmental Protection                 you provide it in the body of your                    9646). General conformity is a
                                                  Agency (EPA) is approving the removal                   comment. If you send an email                         requirement of section 176(c) of the
                                                  of general conformity regulations from                  comment directly to EPA without going                 CAA to ensure that no Federally
                                                  the Ohio state implementation plan                      through www.regulations.gov your email                supported actions outside of highway
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                                                  (SIP) under the Clean Air Act (CAA).                    address will be automatically captured                and transit projects interfere with the
                                                  These regulations are no longer                         and included as part of the comment                   purpose of the approved SIP, i.e. the
                                                  necessary since the establishment of the                that is placed in the public docket and               SIP’s protection of the National Ambient
                                                  Safe, Accountable, Flexible, Efficient                  made available on the Internet. If you                Air Quality Standards. General
                                                  Transportation Equity Act: A Legacy for                 submit an electronic comment, EPA                     conformity requirements currently
                                                  Users transportation act (transportation                recommends that you include your                      apply to the following criteria
                                                  act) removed the requirement for states                 name and other contact information in                 pollutants: Ozone, particulate matter,


                                             VerDate Sep<11>2014   14:03 May 22, 2015   Jkt 235001   PO 00000   Frm 00032   Fmt 4700   Sfmt 4700   E:\FR\FM\26MYR1.SGM   26MYR1


                                                                     Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations                                           29969

                                                  carbon monoxide, and nitrogen dioxide.                  will serve as the proposal to approve the                • Is not an economically significant
                                                  The general conformity regulation is                    state plan if relevant adverse written                regulatory action based on health or
                                                  found in 40 CFR part 93, subpart B and                  comments are filed. This rule will be                 safety risks subject to Executive Order
                                                  provisions related to general conformity                effective July 27, 2015 without further               13045 (62 FR 19885, April 23, 1997);
                                                  SIPs are found in 40 CFR 51.851.                        notice unless we receive relevant                        • Is not a significant regulatory action
                                                     On August 10, 2005, the                              adverse written comments by June 25,                  subject to Executive Order 13211 (66 FR
                                                  transportation act was signed into law,                 2015. If we receive such comments, we                 28355, May 22, 2001);
                                                  and among other things, it amended the                  will withdraw this action before the                     • Is not subject to requirements of
                                                  CAA to eliminate the requirement for                    effective date by publishing a                        Section 12(d) of the National
                                                  states to adopt and submit general                      subsequent document that will                         Technology Transfer and Advancement
                                                  conformity SIPs. On April 5, 2010 (75                   withdraw the final action. All public                 Act of 1995 (15 U.S.C. 272 note) because
                                                  FR 17254), EPA updated the general                      comments received will then be                        application of those requirements would
                                                  conformity SIP regulations to be                        addressed in a subsequent final rule                  be inconsistent with the CAA; and
                                                  consistent with the transportation act by               based on the proposed action. EPA will                   • Does not provide EPA with the
                                                  eliminating the Federal regulatory                      not institute a second comment period.                discretionary authority to address, as
                                                  requirement for states to adopt and                     Any parties interested in commenting                  appropriate, disproportionate human
                                                  submit general conformity SIPs. See 40                  on this action should do so at this time.             health or environmental effects, using
                                                  CFR 51.851. On July 21, 2014, the Ohio                  Please note that if EPA receives adverse              practicable and legally permissible
                                                  Environmental Protection Agency                         comment on an amendment, paragraph,                   methods, under Executive Order 12898
                                                  submitted a request to remove the                       or section of this rule and if that                   (59 FR 7629, February 16, 1994).
                                                  general conformity regulations from the                                                                          In addition, the SIP is not approved
                                                                                                          provision may be severed from the
                                                  Ohio SIP.                                                                                                     to apply on any Indian reservation land
                                                                                                          remainder of the rule, EPA may adopt
                                                                                                                                                                or in any other area where EPA or an
                                                  II. What is EPA’s analysis of the state’s               as final those provisions of the rule that
                                                                                                                                                                Indian tribe has demonstrated that a
                                                  submittal?                                              are not the subject of an adverse
                                                                                                                                                                tribe has jurisdiction. In those areas of
                                                                                                          comment. If we do not receive any
                                                     We have reviewed Ohio’s submittal to                                                                       Indian country, the rule does not have
                                                                                                          comments, this action will be effective
                                                  ensure consistency with the current                                                                           tribal implications and will not impose
                                                                                                          July 27, 2015.                                        substantial direct costs on tribal
                                                  CAA, as amended by the transportation
                                                  act, and EPA regulations governing state                VI. Statutory and Executive Order                     governments or preempt tribal law as
                                                  procedures for general conformity (40                   Reviews.                                              specified by Executive Order 13175 (65
                                                  CFR 51.851). Specifically, 40 CFR                                                                             FR 67249, November 9, 2000).
                                                                                                             Under the CAA, the Administrator is                   The Congressional Review Act, 5
                                                  51.851(a) was changed to indicate that
                                                                                                          required to approve a SIP submission                  U.S.C. 801 et seq., as added by the Small
                                                  states ‘‘may’’, not ‘‘must’’ submit to EPA
                                                                                                          that complies with the provisions of the              Business Regulatory Enforcement
                                                  a general conformity SIP because, as 40
                                                                                                          CAA and applicable Federal regulations.               Fairness Act of 1996, generally provides
                                                  CFR 51.851(b) indicates, Federal
                                                                                                          42 U.S.C. 7410(k); 40 CFR 52.02(a).                   that before a rule may take effect, the
                                                  agencies shall use the provisions of 40
                                                                                                          Thus, in reviewing SIP submissions,                   agency promulgating the rule must
                                                  CFR part 93, subpart B in addition to
                                                                                                          EPA’s role is to approve state choices,               submit a rule report, which includes a
                                                  any existing applicable state or tribal
                                                                                                          provided that they meet the criteria of               copy of the rule, to each House of the
                                                  requirements to review the conformity
                                                                                                          the CAA. Accordingly, this action                     Congress and to the Comptroller General
                                                  of Federal actions in nonattainment or
                                                                                                          merely approves state law as meeting                  of the United States. EPA will submit a
                                                  maintenance areas. Ohio’s removal of
                                                                                                          Federal requirements and does not                     report containing this action and other
                                                  general conformity rules from its SIP
                                                                                                          impose additional requirements beyond                 required information to the U.S. Senate,
                                                  meets the requirements set forth in
                                                                                                          those imposed by state law. For that                  the U.S. House of Representatives, and
                                                  section 110(l) of the CAA with respect
                                                                                                          reason, this action:                                  the Comptroller General of the United
                                                  to adoption and submission of SIP
                                                  revisions. 40 CFR part 93, subpart B                       • Is not a ‘‘significant regulatory                States prior to publication of the rule in
                                                  continues to subject certain Federal                    action’’ subject to review by the Office              the Federal Register. A major rule
                                                  actions to general conformity                           of Management and Budget under                        cannot take effect until 60 days after it
                                                  requirements without the need for                       Executive Orders 12866 (58 FR 51735,                  is published in the Federal Register.
                                                  identical state rules and SIPs. Therefore,              October 4, 1993) and 13563 (76 FR 3821,               This action is not a ‘‘major rule’’ as
                                                  repealing the state rule will not impact                January 21, 2011);                                    defined by 5 U.S.C. 804(2).
                                                  continuity of the general conformity                       • Does not impose an information                      Under section 307(b)(1) of the CAA,
                                                  program in Ohio, and consequently                       collection burden under the provisions                petitions for judicial review of this
                                                  meets the requirements of section 110(l).               of the Paperwork Reduction Act (44                    action must be filed in the United States
                                                  Ohio’s request to remove the general                    U.S.C. 3501 et seq.);                                 Court of Appeals for the appropriate
                                                  conformity regulations from the Ohio                       • Is certified as not having a                     circuit by July 27, 2015. Filing a petition
                                                  SIP is approvable.                                      significant economic impact on a                      for reconsideration by the Administrator
                                                                                                          substantial number of small entities                  of this final rule does not affect the
                                                  III. What action is EPA taking?                         under the Regulatory Flexibility Act (5               finality of this action for the purposes of
                                                     EPA is approving the removal of the                  U.S.C. 601 et seq.);                                  judicial review nor does it extend the
                                                  general conformity regulations in OAC                      • Does not contain any unfunded                    time within which a petition for judicial
                                                  chapter 3745–102 from the Ohio SIP.                     mandate or significantly or uniquely                  review may be filed, and shall not
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  We are publishing this action without                   affect small governments, as described                postpone the effectiveness of such rule
                                                  prior proposal because we view this as                  in the Unfunded Mandates Reform Act                   or action. Parties with objections to this
                                                  a noncontroversial amendment and                        of 1995 (Public Law 104–4);                           direct final rule are encouraged to file a
                                                  anticipate no adverse comments.                            • Does not have Federalism                         comment in response to the parallel
                                                  However, in the proposed rules section                  implications as specified in Executive                notice of proposed rulemaking for this
                                                  of this Federal Register publication, we                Order 13132 (64 FR 43255, August 10,                  action published in the proposed rules
                                                  are publishing a separate document that                 1999);                                                section of today’s Federal Register,


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                                                  29970              Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations

                                                  rather than file an immediate petition                  monitored attainment of the 1997 8-                   Baltimore Area has attained the 1997 8-
                                                  for judicial review of this direct final                hour ozone NAAQS for the 2012–2014                    hour ozone NAAQS.
                                                  rule, so that EPA can withdraw this                     monitoring period. EPA is finding the                    Under the provisions of EPA’s ozone
                                                  direct final rule and address the                       Baltimore Area to be in attainment in                 implementation rule (40 CFR 51.918), if
                                                  comment in the proposed rulemaking.                     accordance with the requirements of the               EPA issues a determination that an area
                                                  This action may not be challenged later                 Clean Air Act (CAA).                                  is attaining the relevant standard
                                                  in proceedings to enforce its                           DATES: This final rule is effective on                (through a rulemaking that includes
                                                  requirements. (See section 307(b)(2).)                  June 25, 2015.                                        public notice and comment), it will
                                                                                                          ADDRESSES: EPA has established a                      suspend the area’s obligations to submit
                                                  List of Subjects in 40 CFR Part 52                                                                            an attainment demonstration,
                                                                                                          docket for this action under Docket ID
                                                    Environmental protection, Air                         Number EPA–R03–OAR–2014–0883. All                     reasonably available control measures
                                                  pollution control, Carbon monoxide,                     documents in the docket are listed in                 (RACM), reasonable further progress
                                                  Incorporation by reference,                             the www.regulations.gov Web site.                     (RFP) plan, contingency measures and
                                                  Intergovernmental relations, Nitrogen                   Although listed in the electronic docket,             other planning requirements related to
                                                  dioxide, Ozone, Particulate matter,                     some information is not publicly                      attainment of the 1997 8-hour ozone
                                                  Reporting and recordkeeping                             available, i.e., confidential business                NAAQS for as long as the area continues
                                                  requirements, Volatile organic                          information (CBI) or other information                to attain the standard. This suspension
                                                  compounds.                                              whose disclosure is restricted by statute.            remains in effect until such time, if ever,
                                                    Dated: May 13, 2015.                                  Certain other material, such as                       that EPA (i) redesignates the area to
                                                                                                          copyrighted material, is not placed on                attainment at which time those
                                                  Susan Hedman,
                                                                                                          the Internet and will be publicly                     requirements no longer apply, or (ii)
                                                  Regional Administrator, Region 5.                                                                             subsequently determines that the area
                                                                                                          available only in hard copy form.
                                                      40 CFR part 52 is amended as follows:                                                                     has violated the 1997 8-hour ozone
                                                                                                          Publicly available docket materials are
                                                                                                                                                                NAAQS. Although these requirements
                                                  PART 52—APPROVAL AND                                    available either electronically through
                                                                                                                                                                are suspended, EPA is not precluded
                                                  PROMULGATION OF                                         www.regulations.gov or in hard copy for
                                                                                                                                                                from acting upon these elements at any
                                                  IMPLEMENTATION PLANS                                    public inspection during normal
                                                                                                                                                                time if submitted to EPA for review and
                                                                                                          business hours at the Air Protection
                                                                                                                                                                approval. The determination of
                                                  ■ 1. The authority citation for part 52                 Division, U.S. Environmental Protection
                                                                                                                                                                attainment is not equivalent to a
                                                  continues to read as follows:                           Agency, Region III, 1650 Arch Street,
                                                                                                                                                                redesignation under section 107(d)(3) of
                                                                                                          Philadelphia, Pennsylvania 19103.
                                                      Authority: 42 U.S.C. 7401 et seq.                                                                         the CAA. The designation status of the
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      Baltimore Area will remain
                                                  § 52.1870    [Amended]                                  Irene Shandruk, (215) 814–2166, or by                 nonattainment for the 1997 8-hour
                                                  ■ 2. Section 52.1870 is amended by                      email at shandruk.irene@epa.gov.                      ozone NAAQS until such time as EPA
                                                  removing and reserving paragraph                        SUPPLEMENTARY INFORMATION:                            determines that the Baltimore Area
                                                  (c)(107).                                               I. Background                                         meets the CAA requirements for
                                                  [FR Doc. 2015–12363 Filed 5–22–15; 8:45 am]                                                                   redesignation to attainment, including
                                                                                                             On July 18, 1997, EPA revised the                  an approved maintenance plan.
                                                  BILLING CODE 6560–50–P                                  health-based NAAQS for ozone based                    Additionally, the determination of
                                                                                                          on 8-hour average concentrations. 62 FR               attainment is separate from, and does
                                                                                                          38856. The 8-hour averaging period                    not influence or otherwise affect, any
                                                  ENVIRONMENTAL PROTECTION                                replaced the previous 1-hour averaging
                                                  AGENCY                                                                                                        future designation determination or
                                                                                                          period, and the level of the NAAQS was                requirements for the Baltimore Area
                                                  40 CFR Part 52                                          changed from 0.12 parts per million                   based on any new or revised ozone
                                                                                                          (ppm) to 0.08 ppm. Id. On April 30,                   NAAQS, and it remains in effect
                                                  [EPA–R03–OAR–2014–0883; FRL–9928–15–                    2004 (69 FR 23858), EPA finalized its
                                                  Region 3]
                                                                                                                                                                regardless of whether EPA designates
                                                                                                          attainment/nonattainment designations                 the Baltimore Area as a nonattainment
                                                                                                          for areas across the country for the 1997             area for purposes of any new or revised
                                                  Approval and Promulgation of Air
                                                                                                          8-hour ozone NAAQS. These actions                     ozone NAAQS.
                                                  Quality Implementation Plans;
                                                                                                          became effective on June 15, 2004.
                                                  Maryland; Determination of Attainment                                                                         II. EPA’s Evaluation
                                                                                                          Among those nonattainment areas was
                                                  of the 1997 8-Hour Ozone National
                                                                                                          the Baltimore Area (specifically, Anne                   EPA has reviewed the complete,
                                                  Ambient Air Quality Standard for the
                                                                                                          Arundel County, Baltimore City,                       quality-assured and certified ozone
                                                  Baltimore, Maryland Serious
                                                                                                          Baltimore County, Carroll County,                     ambient air monitoring data for the
                                                  Nonattainment Area
                                                                                                          Harford County, and Howard County),                   monitoring period for 2012–2014 for the
                                                  AGENCY:  Environmental Protection                       which was designated as a moderate                    Baltimore Area. The design values for
                                                  Agency (EPA).                                           ozone nonattainment area. Id. Later, the              each monitor for the years 2012–2014
                                                  ACTION: Final rule.                                     Baltimore Area was reclassified as a                  are less than or equal to 0.084 ppm, and
                                                                                                          serious nonattainment area for the 1997               all monitors meet the data completeness
                                                  SUMMARY:   The Environmental Protection                 ozone NAAQS. 77 FR 4901 (February 1,                  requirements (see Table 1). Based on
                                                  Agency (EPA) has determined that the                    2012). See 40 CFR 81.321. Air quality                 this 2012–2014 data from the Air
                                                  Baltimore, Maryland Serious                             monitoring data from the 2012–2014                    Quality System (AQS) database and
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  Nonattainment Area (Baltimore Area)                     monitoring period indicate that the                   consistent with the requirements
                                                  has attained the 1997 8-hour ozone                      Baltimore Area is now attaining the                   contained in 40 CFR part 50, EPA has
                                                  National Ambient Air Quality Standard                   1997 8-hour ozone NAAQS. On March                     concluded that the Baltimore Area
                                                  (NAAQS). This determination is based                    25, 2015 (80 FR 15711), EPA published                 attained the 1997 8-hour ozone NAAQS.
                                                  upon complete, quality-assured, and                     a notice of proposed rulemaking (NPR)                 Other specific requirements and the
                                                  certified ambient air monitoring data                   for the State of Maryland. In the NPR,                rationale for EPA’s proposed action are
                                                  that shows the Baltimore Area has                       EPA proposed to determine that the                    explained in the NPR and will not be


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Document Created: 2018-02-21 10:31:36
Document Modified: 2018-02-21 10:31:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective July 27, 2015, unless EPA receives adverse comments by June 25, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactAnthony Maietta, Environmental Protection Specialist, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8777, [email protected]
FR Citation80 FR 29968 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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