[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Rules and Regulations]
[Pages 57270-57273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22620]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2011-0868; EPA-R05-OAR-2012-0463; FRL-9900-92-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Redesignation of the Cleveland-Akron-Lorain Area to Attainment of 
the 1997 Annual Standard and 2006 24-Hour Standard for Fine Particulate 
Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: As Ohio requested, EPA is redesignating the Cleveland-Akron-
Lorain, Ohio nonattainment area (Cleveland area) to attainment for the 
1997 annual and 2006 24-hour National Ambient Air Quality Standards 
(NAAQS or standards) for fine particulate matter (PM2.5) 
because the area meets the statutory requirements for redesignation 
under the Clean Air Act (CAA). The Ohio Environmental Protection Agency 
(Ohio EPA) submitted these requests to EPA on October 11, 2011, and May 
30, 2012, and supplemented them on April 30, 2013. EPA is also taking 
several related actions. EPA is making a determination that the 
Cleveland area attained the 2006 24-hour PM2.5 standard by 
its attainment date and that the area continues to attain both the 1997 
annual and 2006 24-hour standards. EPA is approving, as revisions to 
the Ohio State Implementation Plan (SIP), the state's plans for 
maintaining the 1997 annual and 2006 24-hour PM2.5 NAAQS 
through 2023 in the area. EPA is approving the comprehensive emissions 
inventories submitted by Ohio EPA for nitrogen oxides (NOX), 
sulfur dioxide (SO2), primary PM2.5, volatile 
organic compounds (VOC), and ammonia as meeting the requirements of the 
CAA. Finally, EPA finds adequate and is approving Ohio's NOX 
and PM2.5 Motor Vehicle Emission Budgets (MVEBs) for 2015 
and 2022 for the Cleveland area.

DATES: This final rule is effective September 18, 2013.

ADDRESSES: EPA has established dockets for these actions under Docket 
ID Nos. EPA-R05-OAR-2011-0868 and EPA-R05-OAR-2012-0463. All documents 
in the docket are listed in the www.regulations.gov index. 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, will be publicly available only in hard copy. 
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, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, 
[email protected].

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

I. What is the background for the actions?
II. Why is EPA taking these actions?
III. Final Action
IV. Statutory and Executive Order Reviews

I. What is the background for the actions?

    On September 14, 2011, at 76 FR 56641, EPA issued a final 
determination that the Cleveland area attained the 1997 annual 
PM2.5 standard by the applicable attainment date of April 5, 
2010, based on certified ambient monitoring data for the 2007-2009 
monitoring period. On October 5, 2011, Ohio EPA submitted its request 
to redesignate the Cleveland nonattainment area to attainment for the 
1997 annual PM2.5 NAAQS, and for EPA approval of the SIP 
revision containing an emissions inventory, maintenance plan, and MVEBs 
for the area. On May 30, 2012, Ohio EPA submitted a similar request for 
the 2006 24-hour PM2.5 standard. In a supplemental 
submission to EPA on April 30, 2013, Ohio provided ammonia and VOC 
emissions inventories to supplement the comprehensive emissions 
inventories submitted as part of the redesignation requests.
    On July 26, 2013, EPA published a rule in the Federal Register (78 
FR 45116) proposing to determine that the Cleveland area continues to 
attain the 1997 annual standard and is attaining the 2006 24-hour 
PM2.5 standard, and that the area has met the requirements 
for redesignation under section 107(d)(3)(E) of the CAA. EPA received 
one comment letter in support of the redesignation action, submitted on 
behalf of the Ohio Utility Group. EPA received no adverse comments on 
the proposal.

II. Why is EPA taking these actions?

    EPA has determined that the Cleveland area continues to attain the 
1997 annual PM2.5 NAAQS and that the area has attained the 
2006 24-hour PM2.5 NAAQS by its applicable attainment date. 
EPA has also determined that all other criteria have been met for the 
redesignation of the Cleveland area from nonattainment to attainment of 
the 1997 annual and 2006 24-hour PM2.5 NAAQS and for 
approval of Ohio's maintenance plans for the area. See CAA sections 
107(d)(3)(E) and 175A. The detailed rationale for EPA's findings and 
actions is set forth in the proposed rule of July 26, 2013, (78 FR 
45116).

III. Final Action

    EPA is making a determination that the Cleveland area continues to 
attain the 1997 annual PM2.5 standard and that the area 
attained the 2006 24-hour PM2.5 standard by its attainment 
date and continues to attain that standard. EPA is determining that the 
area has met the requirements for redesignation under section 
107(d)(3)(E) and 175A of the CAA. EPA is thus changing the legal 
designation of the Cleveland area from nonattainment to attainment for 
the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA is also 
approving Ohio's PM2.5 maintenance plans for the Cleveland 
area as revisions to the Ohio SIP because the plans meet the 
requirements of section 175A of the CAA. EPA is approving 2005 and 2008 
emissions inventories for primary PM2.5, NOX, and 
SO2, and 2007/2008 emission inventories for VOC and ammonia 
as satisfying the requirement in section 172(c)(3) of the CAA for a 
comprehensive, current emission inventory. Finally, EPA finds adequate 
and is approving 2015 and 2022 primary PM2.5 and 
NOX MVEBs for the Cleveland area. These MVEBs will be used 
in future transportation conformity analyses for the area.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for these actions to become effective immediately upon publication. 
This is because a delayed effective date is unnecessary due to the 
nature of a redesignation to attainment, which relieves the area from 
certain CAA requirements that would

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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 PM2.5 
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, 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 economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not significant regulatory actions 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 a determinations of attainment 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. These actions are not ``major rules'' 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 18, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of these actions 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. These actions may not be challenged later in proceedings to 
enforce their 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.

    Dated: September 3, 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)(6), (q)(6), 
(s)(2), and (t)(2) to read as follows:


Sec.  52.1880  Control strategy: Particulate matter.

* * * * *
    (p) * * *
    (6) The Cleveland-Akron-Lorain area (Cuyahoga, Lake, Lorain, 
Medina, Portage, and Summit Counties and Ashtabula Township in 
Ashtabula County), as submitted on October 5, 2011. The maintenance 
plan establishes 2015 motor vehicle emissions budgets for the 
Cleveland-Akron-Lorain area of 1,371.35 tpy for primary 
PM2.5 and 35,094.70 tpy for NOX and 2022 motor 
vehicle emissions budgets of 880.89 tpy for primary PM2.5 
and 17,263.65 tpy for NOX.
    (q) * * *
    (6) Ohio's 2005 and 2008 NOX, primary PM2.5, 
and SO2 emissions inventories and 2007/2008 VOC and ammonia 
emission inventories, as submitted on October 5, 2011 and supplemented 
on April 30, 2013, satisfy the emission inventory requirements of

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section 172(c)(3) of the Clean Air Act for the Cleveland-Akron-Lorain 
area.
* * * * *
    (s) * * *
    (2) The Cleveland-Akron-Lorain area (Cuyahoga, Lake, Lorain, 
Medina, Portage, and Summit Counties), as submitted on May 30, 2012. 
The maintenance plan establishes 2015 motor vehicle emissions budgets 
for the Cleveland-Akron-Lorain area of 1,371.35 tpy for primary 
PM2.5 and 35,094.70 tpy for NOX and 2022 motor 
vehicle emissions budgets of 880.89 tpy for primary PM2.5 
and 17,263.65 tpy for NOX.
    (t) * * *
    (2) Ohio's 2005 and 2008 NOX, primary PM2.5, 
and SO2 emissions inventories and 2007/2008 VOC and ammonia 
emission inventories, as submitted on May 30, 2012 and supplemented on 
April 30, 2013, satisfy the emission inventory requirements of section 
172(c)(3) of the Clean Air Act for the Cleveland-Akron-Lorain 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 entry for Cleveland-Akron-
Lorain, OH in the table entitled ``Ohio-PM2.5 (Annual 
NAAQS)'' and the entry for Cleveland-Akron-Lorain, OH in the table 
entitled ``Ohio-PM2.5 (24-hour NAAQS)'' to read as follows:


Sec.  81.336  Ohio.

* * * * *

                                                   Ohio-PM2.5
                                                 [Annual NAAQS]
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                                                                         Designation \a\
                Designated area                 ----------------------------------------------------------------
                                                     Date \1\                           Type
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                                                  * * * * * * *
Cleveland-Akron-Lorain, OH:
    Ashtabula County (part)                             9/18/2013  Attainment.
        Ashtabula Township
    Cuyahoga County
    Lake County
    Lorain County
    Medina County
    Portage County
    Summit County
 
                                                  * * * * * * *
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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.


                                                                       Ohio-PM2.5
                                                                     [24-hour NAAQS]
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                                                         Designation for the 1997 NAAQS \a\                      Designation for the 2006 NAAQS \a\
             Designated area              --------------------------------------------------------------------------------------------------------------
                                              Date \1\                          Type                          Date \2\                  Type
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                                                                      * * * * * * *
Cleveland-Akron-Lorain, OH:
    Cuyahoga County                        Unclassifiable/ 9/18/2013.....................................     Attainment.
    Lake County..........................     Attainment.
    Lorain County
    Medina County
    Portage County
    Summit County
 
                                                                      * * * * * * *
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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.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.


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[FR Doc. 2013-22620 Filed 9-17-13; 8:45 am]
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