82_FR_17004 82 FR 16938 - Air Plan Approval; Ohio; Redesignation of the Ohio Portion of the Cincinnati-Hamilton, OH-IN-KY Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter

82 FR 16938 - Air Plan Approval; Ohio; Redesignation of the Ohio Portion of the Cincinnati-Hamilton, OH-IN-KY Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 66 (April 7, 2017)

Page Range16938-16940
FR Document2017-06882

The Environmental Protection Agency (EPA) is redesignating the Ohio portion of the Cincinnati-Hamilton, OH-IN-KY, nonattainment area (hereafter, ``the Cincinnati-Hamilton area'') to attainment for the 1997 fine particulate matter (PM<INF>2.5</INF>) annual national ambient air quality standards (NAAQS or standard). The Ohio portion of the Cincinnati-Hamilton area includes Butler, Clermont, Hamilton, and Warren Counties. Because EPA has determined that the Cincinnati- Hamilton area is attaining the annual PM<INF>2.5</INF> standard, EPA is redesignating the area to attainment and also approving several additional related actions. EPA is approving the Reasonably Available Control Measures (RACM)--Reasonably Available Control Technology (RACT) portion of Ohio's Cincinnati-Hamilton area attainment plan state implementation plan (SIP) revision as providing adequate RACM/RACT. EPA is also approving an update to the Ohio SIP, by updating the state's approved plan for maintaining the 1997 annual PM<INF>2.5</INF> NAAQS through 2027. EPA previously approved the base year emissions inventory for the Cincinnati-Hamilton area, and is approving Ohio's updated emission inventory which includes emission inventories for volatile organic compounds (VOCs) and ammonia. Ohio's approved maintenance plan submission includes a budget for the mobile source contribution of PM<INF>2.5</INF> and nitrogen oxides (NO<INF>X</INF>) to the Cincinnati-Hamilton area for transportation conformity purposes, which EPA is approving. EPA is taking these actions in accordance with the Clean Air Act (CAA) and EPA's implementation rule regarding the 1997 PM<INF>2.5</INF> NAAQS.

Federal Register, Volume 82 Issue 66 (Friday, April 7, 2017)
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16938-16940]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06882]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2016-0479; FRL-9960-82-Region 5]


Air Plan Approval; Ohio; Redesignation of the Ohio Portion of the 
Cincinnati-Hamilton, OH-IN-KY Area to Attainment of the 1997 Annual 
Standard for Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is redesignating the 
Ohio portion of the Cincinnati-Hamilton, OH-IN-KY, nonattainment area 
(hereafter, ``the Cincinnati-Hamilton area'') to attainment for the 
1997 fine particulate matter (PM2.5) annual national ambient 
air quality standards (NAAQS or standard). The Ohio portion of the 
Cincinnati-Hamilton area includes Butler, Clermont, Hamilton, and 
Warren Counties. Because EPA has determined that the Cincinnati-
Hamilton area is attaining the annual PM2.5 standard, EPA is 
redesignating the area to attainment and also approving several 
additional related actions. EPA is approving the Reasonably Available 
Control Measures (RACM)--Reasonably Available Control Technology (RACT) 
portion of Ohio's Cincinnati-Hamilton area attainment plan state 
implementation plan (SIP) revision as providing adequate RACM/RACT. EPA 
is also approving an update to the Ohio SIP, by updating the state's 
approved plan for maintaining the 1997 annual PM2.5 NAAQS 
through 2027. EPA previously approved the base year emissions inventory 
for the Cincinnati-Hamilton area, and is approving Ohio's updated 
emission inventory which includes emission inventories for volatile 
organic compounds (VOCs) and ammonia. Ohio's approved maintenance plan 
submission includes a budget for the mobile source contribution of 
PM2.5 and nitrogen oxides (NOX) to the 
Cincinnati-Hamilton area for transportation conformity purposes, which 
EPA is approving. EPA is taking these actions in accordance with the 
Clean Air Act (CAA) and EPA's implementation rule regarding the 1997 
PM2.5 NAAQS.

DATES: This final rule is effective April 7, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0479. All documents in the docket are listed on 
the www.regulations.gov Web site. 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 Joseph Ko, Environmental Engineer, at (312) 886-7947 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Joseph Ko, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-7947, [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. Background
II. Response to Comments
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

    On July 22, 2016, Ohio EPA submitted a request to EPA to 
redesignate the Cincinnati-Hamilton area to attainment for the 1997 
PM2.5 annual standard, and to approve updates to the 
maintenance plan for the area. In a notice published on January 4, 2017 
(82 FR 792), EPA proposed to redesignate the area and approve several 
actions related to the redesignation (82 FR 792). Additional background 
and details regarding this final action can be found in the January 4, 
2017, proposed rule.

II. Response to Comments

    Comment: EPA received one comment on the proposed redesignation. 
The commenter supported EPA's proposal to redesignate the Ohio portion 
of the Cincinnati-Hamilton area.
    Response: EPA agrees with the comment, and no changes were made to 
the final action based on this comment.

III. What action is EPA taking?

    EPA is taking several actions related to redesignation of the 
Cincinnati-Hamilton area to attainment for the 1997 annual 
PM2.5 NAAQS.
    EPA has previously approved Ohio's PM2.5 maintenance 
plan and motor vehicle emission budgets for the Cincinnati-Hamilton 
area. EPA has determined that this plan and budgets are still 
applicable.
    EPA has previously approved the 2005 primary PM2.5, 
NOX, and SO2 base year emissions inventory. EPA 
is approving Ohio's updated emissions inventory which includes 
emissions inventories for VOCs and ammonia from 2007. EPA has 
determined that Ohio meets the emissions inventory requirement under 
section 107(d)(3)(E)(iii).
    EPA is approving the RACM/RACT portion of Ohio's prior Cincinnati-
Hamilton area attainment plan SIP revision as providing adequate RACM/
RACT consistent with the provisions of 40 CFR 51.1010(b), because Ohio 
has demonstrated with a RACM/RACT analysis that no further control 
measures would advance the attainment date in the area.
    In The Fine Particulate Matter National Ambient Air Quality 
Standards: State Implementation Plan Requirements final rule (final 
PM2.5 SIP requirements rule), EPA revoked the 1997 primary 
annual PM2.5 NAAQS in areas that had always been attainment 
for that NAAQS, and in areas that had been designated as nonattainment 
but that were redesignated to attainment before October 24, 2016, the 
rule's effective date. (See 81 FR 58010, August 24, 2016.) EPA also 
finalized a provision that revokes the 1997 primary annual 
PM2.5 NAAQS in areas that are redesignated to attainment for 
that NAAQS after October 24, 2016, effective on the effective date of 
the redesignation of the area to attainment for that NAAQS. (See 40 CFR 
50.13(d).)
    EPA is redesignating the Ohio portion of the Cincinnati-Hamilton 
area to attainment for the 1997 annual PM2.5 NAAQS and 
approving the CAA section 175A maintenance plan for the 1997 primary 
annual PM2.5 NAAQS for the reasons described elsewhere in 
the January 4, 2017, proposed action.\1\ The

[[Page 16939]]

1997 primary annual PM2.5 NAAQS will be revoked in the area 
on the effective date of this redesignation. Beginning on that date, 
the area will no longer be subject to transportation or general 
conformity requirements for the 1997 annual PM2.5 NAAQS due 
to the revocation of the primary NAAQS. (See 81 FR 58125, August 24, 
2016.) The area will be required to implement the CAA section 175A 
maintenance plan for the 1997 primary annual PM2.5 NAAQS and 
the PSD program for the 1997 annual PM2.5 NAAQS. Once 
approved, the maintenance plan could only be revised if the revision 
meets the requirements of CAA section 110(l) and, if applicable, CAA 
section 193. The area would not be required to submit a second 10-year 
maintenance plan for the 1997 primary annual PM2.5 NAAQS. 
(See 81 FR 58144, August 24, 2016.)
---------------------------------------------------------------------------

    \1\ CAA section 175A(a) establishes the requirements that must 
be fulfilled by nonattainment areas in order to be redesignated to 
attainment. That section only requires that nonattainment areas for 
the primary standard submit a plan addressing maintenance of the 
primary NAAQS in order to be redesignated to attainment; it does not 
require nonattainment areas for secondary NAAQS to submit 
maintenance plans in order to be redesignated to attainment. (See 42 
U.S.C. 7505a(a).)
---------------------------------------------------------------------------

    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 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, this rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because 
redesignation is an action that affects the status of a geographical 
area and does not impose any new regulatory requirements on tribes, 
impact any existing sources of air pollution on tribal lands, nor 
impair the maintenance of ozone national ambient air quality standards 
in tribal lands.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 6, 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, Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.


[[Page 16940]]


    Dated: March 20, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 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.

Subpart KK--Ohio

0
2. Section 52.1880 is amended by revising paragraph (q)(1) and by 
adding paragraph (v) to read as follows:


Sec.  52.1880  Control strategy: Particulate matter.

* * * * *
    (q) * * *
    (1) Ohio's 2005 NOX, directly emitted PM2.5, 
and SO2 emissions inventory; and 2007 VOCs and ammonia 
emissions inventory, satisfy the emission inventory requirements of 
section 172(c)(3) for the Cincinnati-Hamilton area.
* * * * *
    (v) Approval--Ohio's RACM/RACT analysis that was submitted as part 
of their July 18, 2008, attainment demonstration satisfies the RACM/
RACT requirements of section 172(c)(1) for the Cincinnati-Hamilton 
area.

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 column headings under 
``Designation\a\'' for ``Type'' and ``Date\1\'' and by revising the 
entry for Cincinnati-Hamilton, OH in the table entitled ``Ohio--1997 
Annual PM2.5 NAAQS'' to read as follows:


Sec.  81.336  Ohio.

* * * * *

                                          Ohio--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                             Designation \a\                          Classification
        Designated area         --------------------------------------------------------------------------------
                                      Date \1\              Type                 Date                Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Cincinnati-Hamilton, Ohio:.....  April 7, 2017.....  Attainment........
Butler County..................
Clermont County................
Hamilton County................
Warren County..................
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

* * * * *
[FR Doc. 2017-06882 Filed 4-6-17; 8:45 am]
 BILLING CODE 6560-50-P



                                             16938                 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations

                                             is approved as a revision to the state’s                DATES:   This final rule is effective April             Response: EPA agrees with the
                                             implementation plan.                                    7, 2017.                                              comment, and no changes were made to
                                             [FR Doc. 2017–06897 Filed 4–6–17; 8:45 am]              ADDRESSES: EPA has established a                      the final action based on this comment.
                                             BILLING CODE 6560–50–P                                  docket for this action under Docket ID                III. What action is EPA taking?
                                                                                                     No. EPA–R05–OAR–2016–0479. All
                                                                                                     documents in the docket are listed on                    EPA is taking several actions related
                                             ENVIRONMENTAL PROTECTION                                the www.regulations.gov Web site.                     to redesignation of the Cincinnati-
                                             AGENCY                                                  Although listed in the index, some                    Hamilton area to attainment for the 1997
                                                                                                     information is not publicly available,                annual PM2.5 NAAQS.
                                             40 CFR Parts 52 and 81                                  i.e., Confidential Business Information                  EPA has previously approved Ohio’s
                                                                                                     (CBI) or other information whose                      PM2.5 maintenance plan and motor
                                             [EPA–R05–OAR–2016–0479; FRL–9960–82–                    disclosure is restricted by statute.                  vehicle emission budgets for the
                                             Region 5]                                               Certain other material, such as                       Cincinnati-Hamilton area. EPA has
                                                                                                     copyrighted material, is not placed on                determined that this plan and budgets
                                             Air Plan Approval; Ohio;                                the Internet and will be publicly                     are still applicable.
                                             Redesignation of the Ohio Portion of                                                                             EPA has previously approved the
                                                                                                     available only in hard copy form.
                                             the Cincinnati-Hamilton, OH–IN–KY                                                                             2005 primary PM2.5, NOX, and SO2 base
                                                                                                     Publicly available docket materials are
                                             Area to Attainment of the 1997 Annual                                                                         year emissions inventory. EPA is
                                                                                                     available either through
                                             Standard for Fine Particulate Matter                                                                          approving Ohio’s updated emissions
                                                                                                     www.regulations.gov or at the
                                                                                                                                                           inventory which includes emissions
                                             AGENCY:  Environmental Protection                       Environmental Protection Agency,
                                                                                                                                                           inventories for VOCs and ammonia from
                                             Agency (EPA).                                           Region 5, Air and Radiation Division, 77
                                                                                                                                                           2007. EPA has determined that Ohio
                                             ACTION: Final rule.
                                                                                                     West Jackson Boulevard, Chicago,
                                                                                                                                                           meets the emissions inventory
                                                                                                     Illinois 60604. This facility is open from
                                                                                                                                                           requirement under section
                                             SUMMARY:    The Environmental Protection                8:30 a.m. to 4:30 p.m., Monday through
                                                                                                                                                           107(d)(3)(E)(iii).
                                             Agency (EPA) is redesignating the Ohio                  Friday, excluding Federal holidays. We                   EPA is approving the RACM/RACT
                                             portion of the Cincinnati-Hamilton,                     recommend that you telephone Joseph                   portion of Ohio’s prior Cincinnati-
                                             OH–IN–KY, nonattainment area                            Ko, Environmental Engineer, at (312)                  Hamilton area attainment plan SIP
                                             (hereafter, ‘‘the Cincinnati-Hamilton                   886–7947 before visiting the Region 5                 revision as providing adequate RACM/
                                             area’’) to attainment for the 1997 fine                 office.                                               RACT consistent with the provisions of
                                             particulate matter (PM2.5) annual                       FOR FURTHER INFORMATION CONTACT:                      40 CFR 51.1010(b), because Ohio has
                                             national ambient air quality standards                  Joseph Ko, Environmental Engineer,                    demonstrated with a RACM/RACT
                                             (NAAQS or standard). The Ohio portion                   Attainment Planning and Maintenance                   analysis that no further control
                                             of the Cincinnati-Hamilton area                         Section, Air Programs Branch (AR–18J),                measures would advance the attainment
                                             includes Butler, Clermont, Hamilton,                    Environmental Protection Agency,                      date in the area.
                                             and Warren Counties. Because EPA has                    Region 5, 77 West Jackson Boulevard,                     In The Fine Particulate Matter
                                             determined that the Cincinnati-                         Chicago, Illinois 60604, (312) 886–7947,              National Ambient Air Quality
                                             Hamilton area is attaining the annual                   ko.joseph@epa.gov.                                    Standards: State Implementation Plan
                                             PM2.5 standard, EPA is redesignating the                SUPPLEMENTARY INFORMATION:                            Requirements final rule (final PM2.5 SIP
                                             area to attainment and also approving                   Throughout this document whenever                     requirements rule), EPA revoked the
                                             several additional related actions. EPA                 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           1997 primary annual PM2.5 NAAQS in
                                             is approving the Reasonably Available                   EPA. This supplementary information                   areas that had always been attainment
                                             Control Measures (RACM)—Reasonably                      section is arranged as follows:                       for that NAAQS, and in areas that had
                                             Available Control Technology (RACT)                                                                           been designated as nonattainment but
                                                                                                     I. Background
                                             portion of Ohio’s Cincinnati-Hamilton                   II. Response to Comments                              that were redesignated to attainment
                                             area attainment plan state                              III. What action is EPA taking?                       before October 24, 2016, the rule’s
                                             implementation plan (SIP) revision as                   IV. Statutory and Executive Order Reviews             effective date. (See 81 FR 58010, August
                                             providing adequate RACM/RACT. EPA                                                                             24, 2016.) EPA also finalized a provision
                                             is also approving an update to the Ohio                 I. Background                                         that revokes the 1997 primary annual
                                             SIP, by updating the state’s approved                      On July 22, 2016, Ohio EPA submitted               PM2.5 NAAQS in areas that are
                                             plan for maintaining the 1997 annual                    a request to EPA to redesignate the                   redesignated to attainment for that
                                             PM2.5 NAAQS through 2027. EPA                           Cincinnati-Hamilton area to attainment                NAAQS after October 24, 2016, effective
                                             previously approved the base year                       for the 1997 PM2.5 annual standard, and               on the effective date of the redesignation
                                             emissions inventory for the Cincinnati-                 to approve updates to the maintenance                 of the area to attainment for that
                                             Hamilton area, and is approving Ohio’s                  plan for the area. In a notice published              NAAQS. (See 40 CFR 50.13(d).)
                                             updated emission inventory which                        on January 4, 2017 (82 FR 792), EPA                      EPA is redesignating the Ohio portion
                                             includes emission inventories for                       proposed to redesignate the area and                  of the Cincinnati-Hamilton area to
                                             volatile organic compounds (VOCs) and                   approve several actions related to the                attainment for the 1997 annual PM2.5
                                             ammonia. Ohio’s approved maintenance                    redesignation (82 FR 792). Additional                 NAAQS and approving the CAA section
                                             plan submission includes a budget for                   background and details regarding this                 175A maintenance plan for the 1997
                                             the mobile source contribution of PM2.5                 final action can be found in the January              primary annual PM2.5 NAAQS for the
                                             and nitrogen oxides (NOX) to the                        4, 2017, proposed rule.                               reasons described elsewhere in the
                                             Cincinnati-Hamilton area for
nlaroche on DSK30NT082PROD with RULES




                                                                                                                                                           January 4, 2017, proposed action.1 The
                                             transportation conformity purposes,                     II. Response to Comments
                                             which EPA is approving. EPA is taking                      Comment: EPA received one comment                     1 CAA section 175A(a) establishes the

                                             these actions in accordance with the                    on the proposed redesignation. The                    requirements that must be fulfilled by
                                                                                                                                                           nonattainment areas in order to be redesignated to
                                             Clean Air Act (CAA) and EPA’s                           commenter supported EPA’s proposal to                 attainment. That section only requires that
                                             implementation rule regarding the 1997                  redesignate the Ohio portion of the                   nonattainment areas for the primary standard
                                             PM2.5 NAAQS.                                            Cincinnati-Hamilton area.                             submit a plan addressing maintenance of the



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                                                                   Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations                                         16939

                                             1997 primary annual PM2.5 NAAQS will                    accompanying approval of a                            methods, under Executive Order 12898
                                             be revoked in the area on the effective                 maintenance plan under section                        (59 FR 7629, February 16, 1994).
                                             date of this redesignation. Beginning on                107(d)(3)(E) are actions that affect the                 In addition, the SIP is not approved
                                             that date, the area will no longer be                   status of a geographical area and do not              to apply on any Indian reservation land
                                             subject to transportation or general                    impose any additional regulatory                      or in any other area where EPA or an
                                             conformity requirements for the 1997                    requirements on sources beyond those                  Indian tribe has demonstrated that a
                                             annual PM2.5 NAAQS due to the                           imposed by state law. A redesignation to              tribe has jurisdiction. In those areas of
                                             revocation of the primary NAAQS. (See                   attainment does not in and of itself                  Indian country, this rule does not have
                                             81 FR 58125, August 24, 2016.) The area                 create any new requirements, but rather               tribal implications as specified by
                                             will be required to implement the CAA                   results in the applicability of                       Executive Order 13175 (65 FR 67249,
                                             section 175A maintenance plan for the                   requirements contained in the CAA for                 November 9, 2000), because
                                             1997 primary annual PM2.5 NAAQS and                     areas that have been redesignated to                  redesignation is an action that affects
                                             the PSD program for the 1997 annual                     attainment. Moreover, the Administrator               the status of a geographical area and
                                             PM2.5 NAAQS. Once approved, the                         is required to approve a SIP submission               does not impose any new regulatory
                                             maintenance plan could only be revised                  that complies with the provisions of the              requirements on tribes, impact any
                                             if the revision meets the requirements of               CAA and applicable Federal regulations.               existing sources of air pollution on
                                             CAA section 110(l) and, if applicable,                  42 U.S.C. 7410(k); 40 CFR 52.02(a).                   tribal lands, nor impair the maintenance
                                             CAA section 193. The area would not be                  Thus, in reviewing SIP submissions,                   of ozone national ambient air quality
                                             required to submit a second 10-year                     EPA’s role is to approve state choices,               standards in tribal lands.
                                             maintenance plan for the 1997 primary                   provided that they meet the criteria of
                                             annual PM2.5 NAAQS. (See 81 FR                                                                                   The Congressional Review Act, 5
                                                                                                     the CAA. Accordingly, this action
                                             58144, August 24, 2016.)                                                                                      U.S.C. 801 et seq., as added by the Small
                                                                                                     merely approves state law as meeting
                                                In accordance with 5 U.S.C. 553(d),                                                                        Business Regulatory Enforcement
                                                                                                     Federal requirements and does not
                                             EPA finds there is good cause for these                                                                       Fairness Act of 1996, generally provides
                                                                                                     impose additional requirements beyond
                                             actions to become effective immediately                                                                       that before a rule may take effect, the
                                                                                                     those imposed by state law. For that
                                             upon publication. This is because a                                                                           agency promulgating the rule must
                                                                                                     reason, this action:
                                             delayed effective date is unnecessary                                                                         submit a rule report, which includes a
                                                                                                        • Is not a significant regulatory action           copy of the rule, to each House of the
                                             due to the nature of a redesignation to
                                                                                                     subject to review by the Office of                    Congress and to the Comptroller General
                                             attainment, which relieves the area from
                                             certain CAA requirements that would                     Management and Budget under                           of the United States. EPA will submit a
                                             otherwise apply to it. The immediate                    Executive Orders 12866 (58 FR 51735,                  report containing this action and other
                                             effective date for this action is                       October 4, 1993) and 13563 (76 FR 3821,               required information to the U.S. Senate,
                                             authorized under both 5 U.S.C.                          January 21, 2011);                                    the U.S. House of Representatives, and
                                             553(d)(1), which provides that                             • Does not impose an information                   the Comptroller General of the United
                                             rulemaking actions may become                           collection burden under the provisions                States prior to publication of the rule in
                                             effective less than 30 days after                       of the Paperwork Reduction Act (44                    the Federal Register. A major rule
                                             publication if the rule ‘‘grants or                     U.S.C. 3501 et seq.);                                 cannot take effect until 60 days after it
                                             recognizes an exemption or relieves a                      • Is certified as not having a                     is published in the Federal Register.
                                             restriction,’’ and section 553(d)(3),                   significant economic impact on a                      This action is not a ‘‘major rule’’ as
                                             which allows an effective date less than                substantial number of small entities                  defined by 5 U.S.C. 804(2).
                                             30 days after publication ‘‘as otherwise                under the Regulatory Flexibility Act (5                  Under section 307(b)(1) of the CAA,
                                             provided by the agency for good cause                   U.S.C. 601 et seq.);                                  petitions for judicial review of this
                                             found and published with the rule.’’                       • Does not contain any unfunded                    action must be filed in the United States
                                             The purpose of the 30-day waiting                       mandate or significantly or uniquely                  Court of Appeals for the appropriate
                                             period prescribed in section 553(d) is to               affect small governments, as described                circuit by June 6, 2017. Filing a petition
                                             give affected parties a reasonable time to              in the Unfunded Mandates Reform Act                   for reconsideration by the Administrator
                                             adjust their behavior and prepare before                of 1995 (Pub. L. 104–4);                              of this final rule does not affect the
                                             the final rule takes effect. Today’s rule,                 • Does not have Federalism                         finality of this action for the purposes of
                                             however, does not create any new                        implications as specified in Executive                judicial review nor does it extend the
                                             regulatory requirements such that                       Order 13132 (64 FR 43255, August 10,                  time within which a petition for judicial
                                             affected parties would need time to                     1999);                                                review may be filed, and shall not
                                             prepare before the rule takes effect.                      • Is not an economically significant               postpone the effectiveness of such rule
                                             Rather, today’s rule relieves the state of              regulatory action based on health or                  or action. This action may not be
                                             planning requirements for this ozone                    safety risks subject to Executive Order               challenged later in proceedings to
                                             nonattainment area. For these reasons,                  13045 (62 FR 19885, April 23, 1997);                  enforce its requirements. (See section
                                             EPA finds good cause under 5 U.S.C.                        • Is not a significant regulatory action           307(b)(2).)
                                             553(d)(3) for these actions to become                   subject to Executive Order 13211 (66 FR
                                             effective on the date of publication of                 28355, May 22, 2001);                                 List of Subjects
                                             these actions.                                             • Is not subject to requirements of                40 CFR Part 52
                                                                                                     Section 12(d) of the National
                                             IV. Statutory and Executive Order                       Technology Transfer and Advancement                     Environmental protection, Air
                                             Reviews                                                 Act of 1995 (15 U.S.C. 272 note) because              pollution control, Incorporation by
                                               Under the CAA, redesignation of an                    application of those requirements would               reference, Intergovernmental relations,
nlaroche on DSK30NT082PROD with RULES




                                             area to attainment and the                              be inconsistent with the CAA; and                     Particulate matter.
                                                                                                        • Does not provide EPA with the
                                                                                                                                                           40 CFR Part 81
                                             primary NAAQS in order to be redesignated to            discretionary authority to address, as
                                             attainment; it does not require nonattainment areas     appropriate, disproportionate human                     Environmental protection, Air
                                             for secondary NAAQS to submit maintenance plans
                                             in order to be redesignated to attainment. (See 42      health or environmental effects, using                pollution control, National parks,
                                             U.S.C. 7505a(a).)                                       practicable and legally permissible                   Wilderness areas.


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                                             16940                     Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations

                                               Dated: March 20, 2017.                                      § 52.1880        Control strategy: Particulate                PART 81—DESIGNATION OF AREAS
                                             Robert A. Kaplan,                                             matter.                                                       FOR AIR QUALITY PLANNING
                                             Acting Regional Administrator, Region 5.                      *     *     *     *     *                                     PURPOSES
                                               40 CFR part 52 and 81 are amended                             (q) * * *
                                             as follows:                                                     (1) Ohio’s 2005 NOX, directly emitted                       ■ 3. The authority citation for part 81
                                                                                                           PM2.5, and SO2 emissions inventory; and                       continues to read as follows:
                                             PART 52—APPROVAL AND                                          2007 VOCs and ammonia emissions                                   Authority: 42 U.S.C. 7401 et seq.
                                             PROMULGATION OF                                               inventory, satisfy the emission
                                             IMPLEMENTATION PLANS                                          inventory requirements of section                             ■  4. Section 81.336 is amended by
                                                                                                           172(c)(3) for the Cincinnati-Hamilton                         revising the column headings under
                                             ■ 1. The authority citation for part 52                       area.                                                         ‘‘Designationa’’ for ‘‘Type’’ and ‘‘Date1’’
                                             continues to read as follows:
                                                                                                           *     *     *     *     *                                     and by revising the entry for Cincinnati-
                                                 Authority: 42 U.S.C. 7401 et seq.                                                                                       Hamilton, OH in the table entitled
                                                                                                             (v) Approval—Ohio’s RACM/RACT
                                                                                                           analysis that was submitted as part of                        ‘‘Ohio—1997 Annual PM2.5 NAAQS’’ to
                                             Subpart KK—Ohio
                                                                                                           their July 18, 2008, attainment                               read as follows:
                                             ■ 2. Section 52.1880 is amended by                            demonstration satisfies the RACM/
                                                                                                                                                                         § 81.336    Ohio.
                                             revising paragraph (q)(1) and by adding                       RACT requirements of section 172(c)(1)
                                             paragraph (v) to read as follows:                             for the Cincinnati-Hamilton area.                             *       *     *       *      *

                                                                                                             OHIO—1997 ANNUAL PM2.5 NAAQS
                                                                                                                            [Primary and secondary]

                                                                                                                                       Designation a                                                 Classification
                                                           Designated area
                                                                                                                   Date 1                                         Type                             Date              Type


                                                      *                       *                           *                                *                       *                       *                     *
                                             Cincinnati-Hamilton, Ohio: ...............      April 7, 2017 ....................................   Attainment..
                                             Butler County.
                                             Clermont County.
                                             Hamilton County.
                                             Warren County.

                                                          *                        *                           *                           *                       *                       *                     *
                                                 a Includes   Indian Country located in each county or area, except as otherwise specified.
                                                 1 This   date is 90 days after January 5, 2005, unless otherwise noted.


                                             *       *        *       *      *                             Cincinnati area to attainment for the                         the Indiana portion of the Cincinnati
                                             [FR Doc. 2017–06882 Filed 4–6–17; 8:45 am]                    2008 ozone NAAQS because the request                          area.
                                             BILLING CODE 6560–50–P                                        meets the statutory requirements for
                                                                                                                                                                         DATES: This final rule is effective on
                                                                                                           redesignation under the Clean Air Act
                                                                                                                                                                         April 7, 2017.
                                                                                                           (CAA). The Cincinnati area includes
                                             ENVIRONMENTAL PROTECTION                                      Lawrenceburg Township in Dearborn                             ADDRESSES:   EPA has established a
                                             AGENCY                                                        County, Indiana; Butler, Clermont,                            docket for this action under Docket ID
                                                                                                           Clinton, Hamilton, and Warren Counties                        No. EPA–R05–OAR–2016–0135. All
                                             40 CFR Parts 52 and 81
                                                                                                           in Ohio; and, Boone, Campbell, and                            documents in the docket are listed on
                                             [EPA–R05–OAR–2016–0135; FRL–9960–79–                          Kenton Counties in Kentucky. IDEM                             the www.regulations.gov Web site.
                                             Region 5]                                                                                                                   Although listed in the index, some
                                                                                                           submitted this request on February 23,
                                                                                                           2016, and supplemented that submittal                         information is not publicly available,
                                             Air Plan Approval; Indiana;                                                                                                 i.e., Confidential Business Information
                                             Redesignation of the Indiana Portion of                       with a revised emissions inventory on
                                                                                                           May 4, 2016. EPA is also approving, as                        (CBI) or other information whose
                                             the Cincinnati, Ohio-Kentucky-Indiana                                                                                       disclosure is restricted by statute.
                                             Area to Attainment of the 2008 Ozone                          a revision to the Indiana State
                                                                                                                                                                         Certain other material, such as
                                             Standard                                                      Implementation Plan (SIP), the state’s
                                                                                                                                                                         copyrighted material, is not placed on
                                                                                                           plan for maintaining the 2008 ozone
                                             AGENCY:  Environmental Protection                                                                                           the Internet and will be publicly
                                                                                                           standard through 2030 in the Cincinnati                       available only in hard copy form.
                                             Agency (EPA).                                                 area. Additionally, EPA finds adequate
                                             ACTION: Final rule.                                                                                                         Publicly available docket materials are
                                                                                                           and is approving the states’ 2020 and                         available either through
                                             SUMMARY:   The Environmental Protection                       2030 volatile organic compound (VOC)                          www.regulations.gov or at the
                                             Agency (EPA) is determining that the                          and oxides of nitrogen (NOX) Motor                            Environmental Protection Agency,
                                             Cincinnati, Ohio-Kentucky-Indiana area                        Vehicle Emission Budgets (MVEBs) for                          Region 5, Air and Radiation Division, 77
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                                             is attaining the 2008 ozone National                          the Indiana and Ohio portion of the                           West Jackson Boulevard, Chicago,
                                             Ambient Air Quality Standard (NAAQS                           Cincinnati area. Finally, EPA is                              Illinois 60604. This facility is open from
                                             or standard) and approving a request                          approving the 2011 base year emissions                        8:30 a.m. to 4:30 p.m., Monday through
                                             from the Indiana Department of                                inventory submitted by IDEM as                                Friday, excluding Federal holidays. We
                                             Environmental Management (IDEM) to                            meeting the base year emissions                               recommend that you telephone Eric
                                             redesignate the Indiana portion of the                        inventory requirement of the CAA for                          Svingen, Environmental Engineer, at


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Document Created: 2017-04-06 23:49:25
Document Modified: 2017-04-06 23:49:25
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
ActionFinal rule.
DatesThis final rule is effective April 7, 2017.
ContactJoseph Ko, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-7947, [email protected]
FR Citation82 FR 16938 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; National Parks and Wilderness Areas

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