81 FR 93631 - Air Plan Approval; Ohio; Redesignation of the Columbus, Ohio Area to Attainment of the 2008 Ozone Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 245 (December 21, 2016)
Federal Register Volume 81, Issue 245 (December 21, 2016)
| Page Range | 93631-93633 | |
| FR Document | 2016-30470 |
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)] [Rules and Regulations] [Pages 93631-93633] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30470] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R05-OAR-2016-0372; FRL-9956-59-Region 5] Air Plan Approval; Ohio; Redesignation of the Columbus, Ohio Area to Attainment of the 2008 Ozone Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finding that the Columbus, Ohio area is attaining the 2008 ozone National Ambient Air Quality Standard (NAAQS or standard) and redesignating the area to attainment for the 2008 ozone NAAQS because the area meets the statutory requirements for redesignation under the Clean Air Act (CAA or Act). The Columbus area includes Delaware, Fairfield, Knox, Licking, and Mason Counties. EPA is also approving, as a revision to the Ohio State Implementation Plan (SIP), the state's plan for maintaining the 2008 ozone standard through 2030 in the Columbus area. Finally, EPA finds adequate and is approving the state's 2020 and 2030 volatile organic compound (VOC) and oxides of nitrogen (NOX ) Motor Vehicle Emission Budgets (MVEBs) for the Columbus area. The Ohio Environmental Protection Agency (Ohio EPA) submitted the SIP revision and redesignation request on June 16, 2016. DATES: This final rule is effective December 21, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2016-0372. All documents in the docket are listed in the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. I. What is being addressed in this document? This rule takes action on the June 16, 2016, submission from Ohio EPA requesting redesignation of the Columbus area to attainment for the 2008 ozone standard. The background for today's action is discussed in detail in EPA's proposal, dated September 28, 2016 (81 FR 66578). In that rulemaking, we noted that, under EPA regulations at 40 CFR part 50, the 2008 ozone NAAQS is attained in an area when the 3-year average of the annual fourth highest daily maximum 8-hour average concentration is equal to or less than 0.075 ppm, when truncated after the thousandth decimal place, at all of the ozone monitoring sites in the area. (See 40 CFR 50.15 and appendix P to 40 CFR part 50.) Under the CAA, EPA may redesignate nonattainment areas to attainment if sufficient complete, quality-assured data are available to determine that the area has attained the standard and if it meets the other CAA redesignation requirements in section 107(d)(3)(E). The proposed rule, dated September 28, 2016, provides a detailed discussion of how Ohio has met these CAA requirements. As discussed in the proposed rule, quality-assured and certified monitoring data for 2013-2015 and preliminary data for 2016 show that the Columbus area has attained and continues to attain the 2008 ozone standard. In the maintenance plan submitted for the area, Ohio has demonstrated that the ozone standard will be maintained in the area through 2030. Finally, Ohio has adopted 2020 and 2030 VOC and NOX MVEBs for the Columbus area that are supported by Ohio's maintenance demonstration. II. What comments did we receive on the proposed rule? EPA provided a 30-day review and comment period for the September 28, 2016, proposed rule. The comment [[Page 93632]] period ended on October 28, 2016. During the comment period, comments in support of the action were submitted on behalf of the Ohio Utility Group and its member companies. We received no adverse comments on the proposed rule. III. What action is EPA taking? EPA is determining that the Columbus nonattainment area is attaining the 2008 ozone standard, based on quality-assured and certified monitoring data for 2013-2015 and that the Ohio portion of this area has met the requirements for redesignation under section 107(d)(3)(E) of the CAA. EPA is thus changing the legal designation of the Columbus area from nonattainment to attainment for the 2008 ozone standard. EPA is also approving, as a revision to the Ohio SIP, the state's maintenance plan for the area. The maintenance plan is designed to keep the Columbus area in attainment of the 2008 ozone NAAQS through 2030. Finally, EPA finds adequate and is approving the newly- established 2020 and 2030 MVEBs for the Columbus area. In accordance with 5 U.S.C. 553(d), EPA finds there is good cause for these actions to become effective immediately upon publication. This is because a delayed effective date is unnecessary due to the nature of a redesignation to attainment, which relieves the area from certain CAA requirements that would otherwise apply to it. The immediate effective date for this action is authorized under both 5 U.S.C. 553(d)(1), which provides that rulemaking actions may become effective less than 30 days after publication if the rule ``grants or recognizes an exemption or relieves a restriction,'' and section 553(d)(3), which allows an effective date less than 30 days after publication ``as otherwise provided by the agency for good cause found and published with the rule.'' The purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. Today's rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, today's rule relieves the state of planning requirements for this ozone nonattainment area. For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these actions to become effective on the date of publication of these actions. IV. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because redesignation is an action that affects the status of a geographical area and does not impose any new regulatory requirements on tribes, impact any existing sources of air pollution on tribal lands, nor impair the maintenance of ozone national ambient air quality standards in tribal lands. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 21, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Oxides of nitrogen, Ozone, Volatile organic compounds. 40 CFR Part 81 Environmental protection, Administrative practice and procedure, Air pollution control, Designations and [[Page 93633]] classifications, Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: December 5, 2016. Robert A. Kaplan, Acting Regional Administrator, Region 5. Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. Section 52.1885 is amended by adding paragraph (pp)(2) to read as follows: Sec. 52.1885 Control strategy: Ozone. * * * * * (pp) * * * (2) Approval--On June 16, 2016, the Ohio Environmental Protection Agency submitted a request to redesignate the Columbus area to attainment of the 2008 ozone NAAQS. As part of the redesignation request, the State submitted a maintenance plan as required by section 175A of the Clean Air Act. Elements of the section 175 maintenance plan include a contingency plan and an obligation to submit a subsequent maintenance plan revision in eight years as required by the Clean Air Act. The 2020 motor vehicle emissions budgets for the Columbus area are 50.66 tons per summer day (TPSD) for VOC and 90.54 TPSD for NO X . The 2030 motor vehicle emissions budgets for the Columbus area are 44.31 TPSD for VOC and 85.13 TPSD for NOX . PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 0 3. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 4. Section 81.336 is amended by revising the entry for Columbus, OH in the table entitled ``Ohio--2008 8-Hour Ozone NAAQS (Primary and secondary)'' to read as follows: Sec. 81.336 Ohio. * * * * * Ohio--2008--8-Hour Ozone NAAQS [Primary and secondary] ---------------------------------------------------------------------------------------------------------------- Designation Classification Designated area ------------------------------------------------------------------------------- Date \1\ Type Date \1\ Type ---------------------------------------------------------------------------------------------------------------- * * * * * * * Columbus, OH: \2\ Delaware December 21, 2016. Attainment........ County, Fairfield County, Franklin County, Knox County, Licking County, Madison County. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \1\ This date is July 20, 2012, unless otherwise noted. \2\ Excludes Indian country located in each area, unless otherwise noted. * * * * * [FR Doc. 2016-30470 Filed 12-20-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations 93631
■5. In § 52.1167, Table 52.1167 is conflict of interest law at the end of the § 52.1167 EPA-approved Massachusetts
amended by adding a state citation for table to read as follows: State regulations.
* * * * *
TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS
[See Notes at end of Table]
Date
Date submitted Federal Comments/unapproved
State citation Title/subject approved by 52.1120(c)
by State Register citation sections
EPA
* * * * * * *
M.G.L. c. 268A, sec- Conduct of Public June 6, 2014 .... 12/21/16 [Insert Federal 147 Approved Section 6: Financial
tions 6 and 6A. Officials and Em- Register cita- interest of state employee,
ployees. tion]. relative or associates; dis-
closure, and Section 6A:
Conflict of interest of public
official; reporting require-
ment.
Notes:
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP be-
fore this date.
2. The regulations are effective statewide unless otherwise stated in comments or title section.
[FR Doc. 2016–30466 Filed 12–20–16; 8:45 am] and redesignation request on June 16, for today’s action is discussed in detail
BILLING CODE 6560–50–P 2016. in EPA’s proposal, dated September 28,
DATES: This final rule is effective 2016 (81 FR 66578). In that rulemaking,
December 21, 2016. we noted that, under EPA regulations at
ENVIRONMENTAL PROTECTION 40 CFR part 50, the 2008 ozone NAAQS
ADDRESSES: EPA has established a
AGENCY is attained in an area when the 3-year
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0372. All average of the annual fourth highest
40 CFR Parts 52 and 81 daily maximum 8-hour average
documents in the docket are listed in
the http://www.regulations.gov Web concentration is equal to or less than
[EPA–R05–OAR–2016–0372; FRL–9956–59–
site. Although listed in the index, some 0.075 ppm, when truncated after the
Region 5] thousandth decimal place, at all of the
information is not publicly available,
e.g., Confidential Business Information ozone monitoring sites in the area. (See
Air Plan Approval; Ohio; 40 CFR 50.15 and appendix P to 40 CFR
Redesignation of the Columbus, Ohio or other information whose disclosure is
restricted by statute. Certain other part 50.) Under the CAA, EPA may
Area to Attainment of the 2008 Ozone redesignate nonattainment areas to
Standard material, such as copyrighted material,
is not placed on the Internet and will be attainment if sufficient complete,
AGENCY: Environmental Protection publicly available only in hard copy quality-assured data are available to
Agency (EPA). form. Publicly available docket determine that the area has attained the
ACTION: Final rule. materials are available either through standard and if it meets the other CAA
http://www.regulations.gov, or please redesignation requirements in section
SUMMARY: The Environmental Protection contact the person identified in the FOR 107(d)(3)(E). The proposed rule, dated
Agency (EPA) is finding that the FURTHER INFORMATION CONTACT section September 28, 2016, provides a detailed
Columbus, Ohio area is attaining the for additional availability information. discussion of how Ohio has met these
2008 ozone National Ambient Air FOR FURTHER INFORMATION CONTACT: CAA requirements.
Quality Standard (NAAQS or standard) Kathleen D’Agostino, Environmental As discussed in the proposed rule,
and redesignating the area to attainment Scientist, Attainment Planning and quality-assured and certified monitoring
for the 2008 ozone NAAQS because the Maintenance Section, Air Programs data for 2013–2015 and preliminary
area meets the statutory requirements Branch (AR–18J), Environmental data for 2016 show that the Columbus
for redesignation under the Clean Air Protection Agency, Region 5, 77 West area has attained and continues to attain
Act (CAA or Act). The Columbus area Jackson Boulevard, Chicago, Illinois the 2008 ozone standard. In the
includes Delaware, Fairfield, Knox, 60604, (312) 886–1767, maintenance plan submitted for the
Licking, and Mason Counties. EPA is dagostino.kathleen@epa.gov. area, Ohio has demonstrated that the
also approving, as a revision to the Ohio SUPPLEMENTARY INFORMATION: ozone standard will be maintained in
State Implementation Plan (SIP), the Throughout this document whenever the area through 2030. Finally, Ohio has
state’s plan for maintaining the 2008 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean adopted 2020 and 2030 VOC and NOX
ozone standard through 2030 in the EPA. MVEBs for the Columbus area that are
asabaliauskas on DSK3SPTVN1PROD with RULES
Columbus area. Finally, EPA finds supported by Ohio’s maintenance
adequate and is approving the state’s I. What is being addressed in this demonstration.
2020 and 2030 volatile organic document?
II. What comments did we receive on
compound (VOC) and oxides of nitrogen This rule takes action on the June 16,
the proposed rule?
(NOX) Motor Vehicle Emission Budgets 2016, submission from Ohio EPA
(MVEBs) for the Columbus area. The requesting redesignation of the EPA provided a 30-day review and
Ohio Environmental Protection Agency Columbus area to attainment for the comment period for the September 28,
(Ohio EPA) submitted the SIP revision 2008 ozone standard. The background 2016, proposed rule. The comment
VerDate Sep<11>2014 17:05 Dec 20, 2016 Jkt 241001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\21DER1.SGM 21DER1](https://thefederalregister.org/doc/81_FR_93876/page/1.svg)
![Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations 93633
classifications, Intergovernmental ■ 2. Section 52.1885 is amended by area are 50.66 tons per summer day
relations, Nitrogen oxides, Ozone, adding paragraph (pp)(2) to read as (TPSD) for VOC and 90.54 TPSD for
Reporting and recordkeeping follows: NOX. The 2030 motor vehicle emissions
requirements, Volatile organic budgets for the Columbus area are 44.31
§ 52.1885 Control strategy: Ozone.
compounds. TPSD for VOC and 85.13 TPSD for NOX.
* * * * *
Dated: December 5, 2016. (pp) * * * PART 81—DESIGNATION OF AREAS
Robert A. Kaplan, (2) Approval—On June 16, 2016, the FOR AIR QUALITY PLANNING
Acting Regional Administrator, Region 5. Ohio Environmental Protection Agency PURPOSES
submitted a request to redesignate the
Parts 52 and 81, chapter I, title 40 of Columbus area to attainment of the 2008 ■ 3. The authority citation for part 81
the Code of Federal Regulations is ozone NAAQS. As part of the continues to read as follows:
amended as follows: redesignation request, the State
submitted a maintenance plan as Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND required by section 175A of the Clean ■ 4. Section 81.336 is amended by
PROMULGATION OF Air Act. Elements of the section 175 revising the entry for Columbus, OH in
IMPLEMENTATION PLANS maintenance plan include a contingency the table entitled ‘‘Ohio—2008 8-Hour
plan and an obligation to submit a Ozone NAAQS (Primary and
■ 1. The authority citation for part 52 subsequent maintenance plan revision secondary)’’ to read as follows:
continues to read as follows: in eight years as required by the Clean
Air Act. The 2020 motor vehicle § 81.336 Ohio.
Authority: 42 U.S.C. 7401 et seq.
emissions budgets for the Columbus * * * * *
OHIO—2008—8-HOUR OZONE NAAQS
[Primary and secondary]
Designation Classification
Designated area
Date 1 Type Date 1 Type
* * * * * * *
Columbus, OH: 2 Delaware County, Fairfield December 21, 2016 ... Attainment.
County, Franklin County, Knox County,
Licking County, Madison County.
* * * * * * *
1 This date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
* * * * * under TSCA section 6 as they existed at Lautenberg Chemical Safety for the 21st
[FR Doc. 2016–30470 Filed 12–20–16; 8:45 am] that time. TSCA was recently amended Century Act (15 U.S.C. 2605).
BILLING CODE 6560–50–P by the Frank R. Lautenberg Chemical Section 553 of the Administrative
Safety for the 21st Century Act. This Procedure Act (APA), 5 U.S.C.
final rule removes the regulations 553(b)(3)(A), provides that ‘‘rules of
ENVIRONMENTAL PROTECTION specifying certain procedural
AGENCY agency organization, procedure, or
requirements for rulemaking under practice’’ are exempt from notice and
TSCA section 6, including the
40 CFR Part 750 comment requirements. This action
requirement for a hearing, because
involves revisions to the rules that set
[HQ–OPPT–2016–0525; FRL–9955–15] TSCA, as amended, no longer mandates
out the general rulemaking procedure
those procedures.
RIN 2070–AK28 for EPA under the prior version of
DATES: This final rule is effective TSCA, and the action does not affect the
Procedures for Rulemaking Under December 21, 2016. substance of any determinations EPA
Section 6 of the Toxic Substances FOR FURTHER INFORMATION CONTACT: will make under the amended TSCA
Control Act; Amendment Cindy Wheeler, Chemical Control section 6. Accordingly, these revisions
Division, Office of Pollution Prevention fall under the exemption provided in
AGENCY: Environmental Protection and Toxics, Environmental Protection APA section 553(b)(3)(A), and the EPA
Agency (EPA). Agency, 1200 Pennsylvania Ave. NW., is not taking comment on this action.
ACTION: Final rule. Washington, DC 20460–0001; telephone
number: (202) 566–0484; email address: B. Does this action apply to me?
SUMMARY: Section 6 of the Toxic wheeler.cindy@epa.gov.
asabaliauskas on DSK3SPTVN1PROD with RULES
Substances Control Act (TSCA) provides This action affects only Agency
SUPPLEMENTARY INFORMATION: procedure in future rulemakings under
EPA with several authorities for
addressing risks from chemical I. General Information TSCA section 6 and has no particular
substances and includes procedures that applicability to the public. If you have
EPA must follow in doing so. EPA A. What is the agency’s authority for any questions regarding the
promulgated regulations shortly after taking this action? applicability of this action, consult the
TSCA was enacted to implement the The authority for this action is TSCA person listed under FOR FURTHER
procedural requirements for rulemaking section 6, as amended by the Frank R. INFORMATION CONTACT.
VerDate Sep<11>2014 17:05 Dec 20, 2016 Jkt 241001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\21DER1.SGM 21DER1](https://thefederalregister.org/doc/81_FR_93876/page/3.svg)
Document Created: 2018-02-14 09:11:52
Document Modified: 2018-02-14 09:11:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective December 21, 2016. | |
| Contact | Kathleen D'Agostino, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, [email protected] | |
| FR Citation | 81 FR 93631 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Oxides of Nitrogen; Ozone; Volatile Organic Compounds; Administrative Practice and Procedure; Designations and Classifications; Nitrogen Oxides and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR