[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Rules and Regulations]
[Pages 56641-56644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23367]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0393; FRL-9463-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio and West Virginia; Determinations of Attainment of the 1997 Annual 
Fine Particle Standard for Four Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action determining that the fine 
particulate matter (PM2.5) nonattainment areas of Cleveland-
Akron, Columbus, Dayton-Springfield, and Steubenville-Weirton 
(hereafter referred to as ``Areas'') have attained the 1997 annual 
average PM2.5 National Ambient Air Quality Standard (NAAQS) 
under the Clean Air Act (CAA). EPA is also determining, based on 
quality-assured, quality-controlled, and certified ambient air 
monitoring data for the 2007-2009 monitoring period, that these Areas 
have attained the 1997 annual PM2.5 NAAQS by the applicable 
attainment date of April 5, 2010.

DATES: This final rule is effective on October 14, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2010-0393. All documents in the docket are listed on 
the http://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 through http://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 Carolyn 
Persoon, Environmental Engineer, at (312) 353-8290, before visiting the 
Region 5 office.

FOR FURTHER INFORMATION CONTACT: In Region 5, Carolyn Persoon, 
Environmental Engineer, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8290, 
[email protected]. In Region 3, Irene Shandruk, Office of Air 
Program Planning (3AP30), U.S. Environmental Protection Agency, Region 
3, 1650 Arch Street, Philadelphia, PA 19103-2029, (215) 814-2166, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION 
section is arranged as follows:

I. What action is EPA taking?
II. What are the effects of this action?
III. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is making the final determination that three Ohio nonattainment 
areas (the Cleveland-Akron, the Columbus, and the Dayton-Springfield 
areas) and one Ohio-West Virginia bi-state area (the Steubenville-
Weirton area) have attained the 1997 annual PM2.5 NAAQS. 
EPA's determination is based upon the most recent three years of 
complete, quality-assured, quality-controlled, and certified ambient 
air monitoring data for the Areas showing that they have monitored 
attainment of the 1997 annual PM2.5 NAAQS based on the 2007-
2009 data as well as the 2008-2010 data (see Table 1). EPA is also 
making the final determination, in accordance with EPA's 
PM2.5 Implementation Rule of April 25, 2007 (72 FR 20664), 
that the Areas have attained the 1997 annual PM2.5 NAAQS by 
their applicable attainment date of April 5, 2010.
    EPA published in the Federal Register its proposed determination 
for the four nonattainment Areas on May 17, 2011 (76 FR 28393). A 
detailed discussion of the rationale for the determination, and the 
effect of the determination, was included in the proposal. EPA received 
no comments on the proposed rule.

[[Page 56642]]



 Table 1--Annual PM2.5 Design Values for Ohio (Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-
                    Weirton) Area Monitors With Complete Data for 2007 to 2009 in [mu]g/m\3\
----------------------------------------------------------------------------------------------------------------
                                                                                   Annual design   Annual design
                                                                                    value 2007-     value 2008-
                 State                           County               Monitor      2009 ([mu]g/    2010 ([mu]g/
                                                                                       m\3\)           m\3\)
----------------------------------------------------------------------------------------------------------------
                                                 Cleveland-Akron
----------------------------------------------------------------------------------------------------------------
OH....................................  Cuyahoga................     39-035-0034            11.6            10.7
                                                                     39-035-0038            14.4            13.6
                                                                     39-035-0045            13.6            12.9
                                                                     39-035-0060            14.1            13.4
                                                                     39-035-0065            14.3            13.4
                                                                     39-035-1002            12.1            11.4
                                        Lorain..................     39-093-3002            11.4            10.6
                                        Medina..................     39-103-0003            11.8            11.1
                                        Portage.................     39-133-0002            12.3            11.5
                                        Summit..................     39-153-0017            13.7            13.2
                                                                     39-153-0023            12.7            12.3
----------------------------------------------------------------------------------------------------------------
                                                    Columbus
----------------------------------------------------------------------------------------------------------------
OH....................................  Franklin................     39-049-0024            13.0            12.5
                                                                     39-049-0025            12.9            12.1
                                                                     39-049-0081            11.7            11.2
----------------------------------------------------------------------------------------------------------------
                                               Dayton-Springfield
----------------------------------------------------------------------------------------------------------------
OH....................................  Clark...................     39-023-0005            13.2
                                        Greene..................     39-057-0005            12.1            12.1
                                        Montgomery..............     39-113-0032            13.7            13.2
----------------------------------------------------------------------------------------------------------------
                                              Steubenville-Weirton
----------------------------------------------------------------------------------------------------------------
OH....................................  Jefferson...............     39-081-0017            14.2            13.0
                                                                     39-081-1001            13.6            12.7
WV....................................  Brooke..................     54-009-0005            14.4            13.7
                                                                     54-009-0011            14.0            13.1
                                        Hancock.................     59-029-1004            13.4            12.4
----------------------------------------------------------------------------------------------------------------

II. What are the effects of this action?

    EPA's determination of attainment, based on the most recent three 
years of quality-assured, quality-controlled, and certified ambient air 
monitoring data suspends the requirements for the Cleveland-Akron, 
Columbus, Dayton-Springfield, and Steubenville-Weirton PM2.5 
nonattainment areas from submitting attainment demonstrations, RACM 
(including RACT), RFP plans, contingency measures, and other planning 
SIP revisions related to attainment of the 1997 annual PM2.5 
NAAQS for so long as the Areas continue to attain the 1997 annual 
PM2.5 NAAQS.
    Specifically, the determination of attainment for the Cleveland-
Akron, Columbus, Dayton-Springfield, and Steubenville-Weirton 
PM2.5 nonattainment areas (1) Suspend the states' obligation 
for Ohio and West Virginia to submit the requirements listed above; (2) 
continue such suspension until such time, if any, that EPA subsequently 
determines that any monitor in the area has violated the 1997 annual 
PM2.5 NAAQS; and (3) be separate from any future designation 
determination or requirements for the Cleveland-Akron, Columbus, 
Dayton-Springfield, and Steubenville-Weirton PM2.5 
nonattainment areas based on the 2006 PM2.5 NAAQS or future 
PM2.5 NAAQ revision.
    Finalizing this action does not constitute a redesignation of the 
Areas to attainment for the 1997 annual PM2.5 NAAQS under 
CAA section 107(d)(3). Further, finalizing this action does not involve 
approving maintenance plans for the Areas, nor does it involve a 
determination that the Cleveland-Akron, Columbus, Dayton-Springfield, 
and Steubenville-Weirton PM2.5 nonattainment areas have met 
all the requirements for redesignation under the CAA. Therefore, the 
designation status of the portions of the Cleveland-Akron, Columbus, 
Dayton-Springfield, and Steubenville-Weirton PM2.5 
nonattainment areas will remain nonattainment for the 1997 annual 
PM2.5 NAAQS until such time as EPA takes final rulemaking 
action to determine that such portions meet the CAA requirements for 
redesignation to attainment.
    In addition, EPA is finalizing a separate and independent 
determination that these Areas have attained the 1997 annual 
PM2.5 standard by the applicable attainment date (April 5, 
2010), thereby satisfying EPA's requirement pursuant to section 
179(c)(1) of the CAA to make a determination of whether the Areas 
attained the standard by the applicable attainment date.
    This action described above makes determinations regarding the 
Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-Weirton 
areas' attainment only with respect to the 1997 annual PM2.5 
NAAQS. Today's action does not address the 24-hour PM2.5 
NAAQS.

III. Statutory and Executive Order Reviews

    This action makes determinations of attainment based on air 
quality, and will result in the suspension of certain Federal 
requirements, and will not impose additional requirements beyond

[[Page 56643]]

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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; 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, 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 November 14, 2011. 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: July 29, 2011.
Susan Hedman,
Regional Administrator, Region 5.
    Dated: August 10, 2011.
W.C. Early,
Acting Regional Administrator, Region 3.

    40 CFR part 52 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 KK--Ohio

0
2. Section 52.1880 is amended by adding paragraph (n) to read as 
follows:


Sec.  52.1880  Control strategy: Particulate matter.

* * * * *
    (n) Determination of Attainment. EPA has determined, as of 
September 14, 2011, that based on 2007 to 2009 ambient air quality 
data, the Cleveland-Akron, Columbus, Dayton-Springfield, and 
Steubenville-Weirton nonattainment areas have attained the 1997 annual 
PM2.5 NAAQS. This determination, in accordance with 40 CFR 
52.1004(c), suspends the requirements for these areas to submit 
attainment demonstrations, associated reasonably available control 
measures, reasonable further progress plans, contingency measures, and 
other planning SIPs related to attainment of the standard for as long 
as these areas continue to meet the 1997 annual PM2.5 NAAQS.


0
3. Section 52.1892 is amended by redesignating the existing paragraph 
as paragraph (a) and by adding paragraph (b) to read as follows:


Sec.  52.1892  Determination of attainment.

* * * * *
    (b) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Cleveland-Akron, Columbus, 
Dayton-Springfield, and Steubenville-Weirton fine particle 
(PM2.5) nonattainment areas attained the 1997 annual 
PM2.5 National Ambient Air Quality Standard (NAAQS) by the 
applicable attainment date of April 5, 2010. Therefore, EPA has met the 
requirement pursuant to CAA section 179(c) to determine, based on the 
area's air quality as of the attainment date, whether the area attained 
the standard. EPA also determined that the Cleveland-Akron, Columbus, 
Dayton-Springfield, and Steubenville-Weirton PM2.5 
nonattainment areas are not subject to the consequences of failing to 
attain pursuant to section 179(d).

Subpart XX--West Virginia

0
4. Section 52.2526 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.2526  Control strategy: Particulate matter.

* * * * *
    (d) Determination of Attainment. EPA has determined, as of 
September 14, 2011, that based on 2007 to 2009 ambient air quality 
data, the Steubenville-Weirton nonattainment area has attained the 1997 
annual PM2.5 NAAQS. This determination, in accordance with 
40 CFR 52.1004(c), suspends the requirements for this area to submit an 
attainment demonstration, associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
other planning SIPs related to attainment of the standard for as long 
as this area continues to meet the 1997 annual PM2.5 NAAQS.


0
5. Section 52.2527 is amended by redesignating the existing paragraph 
as paragraph (a) and by adding paragraph (b) to read as follows:


Sec.  52.2527  Determination of attainment.

* * * * *
    (b) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Steubenville-Weirton fine 
particle (PM2.5) nonattainment area attained the 1997 annual 
PM2.5 National Ambient

[[Page 56644]]

Air Quality Standard (NAAQS) by the applicable attainment date of April 
5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 
179(c) to determine, based on the area's air quality as of the 
attainment date, whether the area attained the standard. EPA also 
determined that the Steubenville-Weirton PM2.5 nonattainment 
area is not subject to the consequences of failing to attain pursuant 
to section 179(d).

[FR Doc. 2011-23367 Filed 9-13-11; 8:45 am]
BILLING CODE 6560-50-P