[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Rules and Regulations]
[Pages 26118-26121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11010]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2009-0928; EPA-R05-OAR-2010-0046; FRL-9147-3]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Ohio; Indiana; 
Redesignation of the Ohio and Indiana Portions of the Cincinnati-
Hamilton Area to Attainment for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the requests of Ohio and Indiana to 
redesignate the Ohio and Indiana portions of the Cincinnati-Hamilton, 
OH-KY-IN 8-hour ozone nonattainment area, ``the Cincinnati-Hamilton 
area,'' to attainment for that standard, because these requests meet 
the statutory requirements for redesignation under the Clean Air Act 
(CAA). The Ohio Environmental Protection Agency (Ohio EPA) and the 
Indiana Department of Environmental Management (IDEM) submitted these 
requests on December 14, 2009, and January 21, 2010, respectively. (EPA 
will address the Kentucky portion of the Cincinnati-Hamilton area in a 
separate rulemaking action.)
    These approvals involve several related actions. EPA is making a 
determination under the CAA that the Cincinnati-Hamilton area has 
attained the 1997 8-hour ozone National Ambient Air Quality Standard 
(NAAQS). The Cincinnati-Hamilton area includes Butler, Clermont, 
Clinton, Hamilton, and Warren Counties in Ohio, Lawrenceburg Township 
in Dearborn County, Indiana, and Boone, Campbell, and Kenton Counties 
in Kentucky. This determination is based on three years of complete, 
quality-assured ambient air quality monitoring data for the 2007-2009 
ozone seasons that demonstrate that the 8-hour ozone NAAQS has been 
attained in the entire Cincinnati-Hamilton area. EPA is also approving, 
as revisions to the Ohio and Indiana State Implementation Plans (SIPs), 
the States' plans for maintaining the 8-hour ozone NAAQS through 2020 
in the area.
    EPA is approving the 2002 base year emissions inventory submitted 
by IDEM on June 13, 2007, as meeting the base year emissions inventory 
requirement of the CAA for the Indiana portion of the Cincinnati-
Hamilton area. EPA is approving the 2005 base year emissions inventory 
submitted by Ohio EPA as part of its redesignation request as meeting 
the base year emissions inventory requirements of the CAA for the Ohio 
portion of the Cincinnati-Hamilton area. Finally, EPA finds adequate 
and is approving the States' 2015 and 2020 Motor Vehicle Emission 
Budgets (MVEBs) for the Ohio and Indiana portion of the Cincinnati-
Hamilton area.

DATES: This final rule is effective May 11, 2010.

ADDRESSES: EPA has established dockets for this action: Docket ID No. 
EPA-R05-OAR-2009-0928 and ID No. EPA-R05-OAR-2010-0046. 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 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 
Kathleen D'Agostino, Environmental Engineer, at (312) 886-1767 before 
visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
U.S. 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. This supplementary information 
section is arranged as follows:

Table of Contents

I. What is the background for these actions?
II. What comments did we receive on the proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.

I. What is the background for these actions?

    The background for today's actions is discussed in detail in EPA's 
February 26, 2010, proposal (75 FR 8871). In that rulemaking, we noted 
that, under EPA regulations at 40 CFR part 50, the 8-hour ozone 
standard is attained when the three-year average of the annual fourth-
highest daily maximum 8-hour average ozone concentrations is less than 
or equal to 0.08 ppm. (See 69 FR 23857 (April 30, 2004) for further 
information.) 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 Ohio EPA and IDEM submitted requests to redesignate the Ohio 
and Indiana portions of the Cincinnati-Hamilton area to attainment for 
the 8-hour ozone standard on December 14, 2009, and January 21, 2010, 
respectively. The redesignation requests included three years of 
complete, quality-assured data for the period of 2007 through 2009, 
indicating the 8-hour NAAQS for ozone, as promulgated in 1997, had been 
attained for the Cincinnati-Hamilton area. The February 26, 2010, 
proposed rule provides a detailed discussion of how Ohio and Indiana 
met this and other CAA requirements.

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

    EPA provided a 30-day review and comment period. The comment period 
closed on March 29, 2010. We received no comments on the proposed rule.

III. What action is EPA taking?

    EPA is making a determination that the Cincinnati-Hamilton area has 
attained the 1997 8-hour ozone NAAQS. EPA is also approving the 
maintenance plan SIP revisions for the Ohio and Indiana portions of the 
Cincinnati-Hamilton area. EPA's approval of the maintenance plans is 
based on the States' demonstrations that the plans meet the 
requirements of section 175A of the CAA. After evaluating the 
redesignation requests submitted by Ohio and Indiana, EPA believes that 
the requests meet the redesignation criteria set forth in section 
107(d)(3)(E) of the CAA. Therefore, EPA is approving the redesignation 
of the Ohio and Indiana portions of the Cincinnati-Hamilton area from 
nonattainment to attainment for the 1997 8-hour ozone NAAQS. EPA is 
also approving Ohio EPA's 2005 base year emissions inventory for the 
Ohio

[[Page 26119]]

portion of the Cincinnati-Hamilton area and IDEM's 2002 base year 
emissions inventory for Dearborn County as meeting the requirements of 
section 172(c)(3) of the CAA. Finally, EPA finds adequate and is 
approving the States' 2015 and 2020 MVEBs for Ohio and Indiana portions 
of the Cincinnati-Hamilton area.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this action 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 various requirements 
for this 8-hour ozone nonattainment area. For these reasons, EPA finds 
good cause under 5 U.S.C. 553(d)(3) for this action to become effective 
on the date of publication of this action.

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. 
These actions do not impose additional requirements beyond those 
imposed by state law and the CAA. For that reason, these actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 12, 2010. 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, Intergovernmental 
relations, Nitrogen oxides, Ozone, Volatile organic compounds.

40 CFR Part 81

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

    Dated: April 22, 2010.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

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

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

Subpart P--Indiana

0
2. Section 52.777 is amended by adding paragraphs (nn) and (oo) to read 
as follows:


Sec.  52.777  Control strategy: Photochemical oxidants (hydrocarbons).

* * * * *
    (nn) Approval--Indiana's 2002 inventory satisfies the base year 
emissions inventory requirements of section 172(c)(3) of the Clean Air 
Act for the Indiana portion of the Cincinnati-Hamilton, OH-KY-IN area 
under the 1997 8-hour ozone standard.
    (oo) Approval--On January 21, 2010, the Indiana Department of

[[Page 26120]]

Environmental Management submitted a request to redesignate the Indiana 
portion of the Cincinnati-Hamilton, OH-KY-IN area to attainment of the 
8-hour 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 8 years as required by the Clean Air Act. The 2015 
motor vehicle emissions budgets for the Ohio and Indiana portions of 
the Cincinnati-Hamilton, OH-KY-IN area are 31.73 tpd for VOC and 49.00 
tpd for NOX. The 2020 motor vehicle emissions budgets for 
the Ohio and Indiana portions of the area are 28.82 tpd for VOC and 
34.39 tpd for NOX.
* * * * *

Subpart KK--Ohio


0
3. Section 52.1885 is amended by adding paragraphs (ff)(10) and (hh)(3) 
to read as follows:


Sec.  52.1885  Control strategy: Ozone.

* * * * *
    (ff) * * *
    (10) Approval--On December 14, 2009, the Ohio Environmental 
Protection Agency submitted a request to redesignate the Ohio portion 
of the Cincinnati-Hamilton, OH-KY-IN area to attainment of the 8-hour 
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 8 
years as required by the Clean Air Act. The 2015 motor vehicle 
emissions budgets for the Ohio and Indiana portions of the Cincinnati-
Hamilton, OH-KY-IN area are 31.73 tpd for VOC and 49.00 tpd for 
NOX. The 2020 motor vehicle emissions budgets for the Ohio 
and Indiana portions of the area are 28.82 tpd for VOC and 34.39 tpd 
for NOX.
* * * * *
    (hh) * * *
    (3) Approval--Ohio's 2005 inventory satisfies the base year 
emissions inventory requirements of section 172(c)(3) of the Clean Air 
Act for the Ohio portion of the Cincinnati-Hamilton, OH-KY-IN area 
under the 1997 8-hour ozone standard.

PART 81--[AMENDED]

0
4. The authority citation for part 81 continues to read as follows:

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


0
5. Section 81.315 is amended by revising the entry for Cincinnati-
Hamilton, OH-KY-IN in the table entitled ``Indiana--Ozone (8-Hour 
Standard)'' to read as follows:


Sec.  81.315  Indiana.

* * * * *

                                                 Indiana--Ozone
                                                [8-Hour standard]
----------------------------------------------------------------------------------------------------------------
                                                   Designation \a\                        Classification
          Designated area          -----------------------------------------------------------------------------
                                           Date \1\                 Type             Date \1\          Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Cincinnati-Hamilton, OH-KY-IN:
    Dearborn County (part)........  May 11, 2010.........  Attainment...........
 
                                                  * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *


0
6. Section 81.336 is amended by revising the entry for Cincinnati-
Hamilton, OH-KY-IN in the table entitled ``Ohio-Ozone (8-Hour 
Standard)'' to read as follows:


Sec.  81.336  Ohio.

* * * * *

                                                   Ohio--Ozone
                                                [8-Hour standard]
----------------------------------------------------------------------------------------------------------------
                                                   Designation \a\                        Classification
          Designated area          -----------------------------------------------------------------------------
                                           Date \1\                 Type             Date \1\          Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Cincinnati-Hamilton, OH-KY-IN:
    Butler County.................  May 11, 2010.........  Attainment...........
    Clermont County...............
    Clinton County................
    Hamilton County...............
    Warren County.................
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.


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[FR Doc. 2010-11010 Filed 5-10-10; 8:45 am]
BILLING CODE 6560-50-P