[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Pages 53275-53277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20660]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2012-0212, EPA-R05-OAR-2012-0338; FRL-9900-28-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Redesignation of the Ohio Portions of the Parkersburg-Marietta 
and Wheeling Areas to Attainment of the 1997 Annual Fine Particulate 
Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking several related actions under the Clean Air Act 
(CAA) affecting the state of Ohio and the Ohio portions of the 
Parkersburg-Marietta and Wheeling, West Virginia-Ohio areas for the 
1997 annual fine particulate matter (PM2.5) national ambient 
air quality standard (NAAQS or standard). EPA is approving requests 
from the state of Ohio to redesignate the Ohio portions of the 
Parkersburg-Marietta and Wheeling areas to attainment of the 1997 
annual PM2.5 standard. EPA is approving, as a revision to 
the Ohio state implementation plan (SIP), the state's plans for 
maintaining the 1997 annual PM2.5 standard in those areas 
through 2023. EPA is determining the insignificance of the motor 
vehicle emission budgets (MVEBs) for purposes of transportation 
conformity in those areas. EPA is approving the comprehensive 
inventories submitted by Ohio for the oxides of nitrogen 
(NOX), primary PM2.5, and sulfur dioxide 
(SO2), ammonia and volatile organic compounds (VOC) in the 
Parkersburg-Marietta area (Washington County), and in the Wheeling area 
(Belmont County) as meeting the requirements of the CAA. Finally, EPA 
is determining that the areas continue to maintain the 1997 annual 
PM2.5 standard based on certified 2009-2011 air quality 
data.

DATES: This final rule is effective August 29, 2013.

ADDRESSES: EPA has established dockets for this action: Docket ID Nos. 
EPA-R05-OAR-2012-0212 (Parkersburg-Marietta) and EPA-R05-OAR-2012-0338 
(Wheeling). All documents in the dockets 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 Anthony Maietta, 
Environmental Protection Specialist, at (312) 353-8777, before visiting 
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
[email protected].

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

Table of Contents

I. What is the background for the actions?
II. What actions is EPA taking?
III. Statutory and Executive Order Reviews

I. What is the background for the actions?

    On December 2, 2011 (76 FR 75464), EPA issued a final determination 
that the Parkersburg-Marietta and Wheeling nonattainment areas were 
attaining the 1997 annual PM2.5 standard.
    On February 29, 2012, Ohio submitted its request to redesignate the 
Ohio portion of Parkersburg-Marietta (Washington County) to attainment 
of the 1997 annual PM2.5 standard. On April 16, 2012, Ohio 
submitted its request to redesignate the Ohio portion of Wheeling 
(Belmont County) to attainment of the 1997 annual PM2.5 
standard. These redesignation requests are based on 2008-2010 
monitoring data showing attainment of the 1997 annual PM2.5 
standard.
    On November 30, 2012 (77 FR 71383, 77 FR 71371), EPA published 
notices proposing to approve Ohio's requests to redesignate the Ohio 
portions of the Parkersburg-Marietta and Wheeling areas to attainment 
of the 1997 annual PM2.5 standard. These rulemaking notices 
also proposed to approve Ohio's PM2.5 maintenance plan, 2005 
NOX, SO2, and primary PM2.5 emission 
inventories for Washington and Belmont Counties, and proposed to 
determine the insignificance of the 2022 NOX and 
PM2.5 MVEBs for Washington and Belmont Counties. These 
rulemaking notices also proposed to determine that the Ohio portions of 
the Parkersburg-Marietta and Wheeling areas continue to attain the 1997 
PM2.5 annual standard based on certified 2009-2011 air 
quality data. For each proposed action, one supportive comment was 
received from the Ohio Utility Group, and no adverse comments were 
received.
    On April 30, 2013, Ohio provided ammonia and VOC emissions 
inventories to EPA to supplement the February 29, 2012, and April 16, 
2012, requests for redesignation.
    On June 26, 2013 (78 FR 38256, 78 FR 38247), EPA published 
supplemental notices proposing to determine that the Ohio portions of 
Parkersburg-Marietta and Wheeling continue to attain the 1997 annual 
standard and have met the requirements for redesignation under section 
107(d)(3)(E) of the CAA. EPA received one supportive comment from the 
Ohio Utility Group on the supplemental notice for the Ohio

[[Page 53276]]

portion of the Wheeling area, and received no adverse comments.

II. What actions is EPA taking?

    After reviewing Ohio's redesignation requests, EPA has determined 
that the requests meet the criteria set forth in section 107(d)(3)(E) 
of the CAA. Therefore, EPA is approving the redesignation of the Ohio 
portion of the Parkersburg-Marietta area (Washington County) and the 
Ohio portion of the Wheeling area (Belmont County) to attainment for 
the 1997 annual PM2.5 standard. EPA is also approving Ohio's 
PM2.5 maintenance plans for these areas as a revision to the 
Ohio SIP based on Ohio's demonstration that the plan meets the 
requirements of section 175A of the CAA. In addition, EPA is approving 
the 2005 NOX, SO2, and PM2.5 emission 
inventories and 2007/2008 ammonia and VOC emission inventories for 
Washington and Belmont Counties as meeting the requirement for emission 
inventories contained in section 172(c)(3) of the CAA. EPA also finds 
the state's 2022 NOX and PM2.5 MVEBs for 
Washington and Belmont Counties to be insignificant for purposes of 
transportation conformity. Finally, EPA is determining that the entire 
Parkersburg-Marietta and Wheeling areas continue to attain the 1997 
annual PM2.5 standard based on certified 2009-2011 air 
quality data.
    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 8-hour 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.

III. Statutory and 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, these actions merely 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 October 28, 2013. 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, Particulate matter, Sulfur dioxide, 
Ammonia, Volatile organic compounds.

40 CFR Part 81

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


[[Page 53277]]


    Dated: August 12, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR parts 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.


0
2. Section 52.1880 is amended by adding paragraphs (p)(3), (p)(4), 
(q)(3) and (q)(4) to read as follows:


Sec.  52.1880  Control strategy: Particulate matter.

* * * * *
    (p) * * *
    (3) The Ohio portion of the Parkersburg-Marietta, WV-OH 
nonattainment area (Washington County), as submitted on February 29, 
2012, and supplemented on April 30, 2013. The maintenance plan 
determines the insignificance of motor vehicle emissions budgets for 
Washington County.
    (4) The Ohio portion of the Wheeling, WV-OH nonattainment area 
(Belmont County), as submitted on April 16, 2012, and supplemented on 
April 30, 2013. The maintenance plan determines the insignificance of 
motor vehicle emissions budgets for Belmont County.
    (q) * * *
    (3) Ohio's 2005 NOX, primary PM2.5, and 
SO2 and 2007/2008 ammonia and VOC emissions inventories 
satisfy the emission inventory requirements of section 172(c)(3) of the 
Clean Air Act for Washington County.
    (4) Ohio's 2005 NOX, primary PM2.5, and 
SO2 and 2007/2008 ammonia and VOC emissions inventories 
satisfy the emission inventory requirements of section 172(c)(3) of the 
Clean Air Act for Belmont County.

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 entries for Parkersburg-
Marietta, WV-OH and Wheeling, WV-OH in the table entitled ``Ohio--
PM2.5 (Annual NAAQS)'' to read as follows:


Sec.  81.336  Ohio.

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                               Ohio--PM2.5
                             [Annual NAAQS]
------------------------------------------------------------------------
                                              Designation \a\
         Designated area          --------------------------------------
                                      Date \1\              Type
------------------------------------------------------------------------
 
                              * * * * * * *
Parkersburg-Marietta, WV-OH:
    Washington County............       8/29/2013  Attainment.
 
                              * * * * * * *
Wheeling, WV-OH:
    Belmont County...............       8/29/2013  Attainment.
 
                              * * * * * * *
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\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.

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[FR Doc. 2013-20660 Filed 8-28-13; 8:45 am]
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