[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Rules and Regulations]
[Pages 66845-66848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25385]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2011-0597; FRL-9902-00-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Redesignation of the Columbus Area to Attainment of the 1997 
Annual Standard for Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking several actions under the Clean Air Act (CAA) 
affecting the Columbus area and the state of Ohio for the 1997 annual 
fine particulate matter (PM2.5) National Ambient Air Quality 
Standard (NAAQS or standard). EPA is determining that the Columbus, 
Ohio area (Columbus area) is attaining the 1997 annual PM2.5 
standard based on quality assured, state-certified monitoring data for 
all PM2.5 monitoring sites in this area during the period of 
2007-2012. EPA is granting a request from the state of Ohio for the 
redesignation of the Columbus area to attainment of the 1997 annual 
PM2.5 standard. EPA is approving, as a revision of the Ohio 
State Implementation Plan (SIP), the state's plan for maintaining the 
1997 annual PM2.5 standard in the Columbus area through 
2023, the state's 2015 and 2022 Nitrogen Oxides (NOX) and 
PM2.5 Motor Vehicle Emission Budgets (MVEBs) for the 
Columbus area (which EPA is also finding to be adequate for 
transportation conformity determinations), and 2005 NOX, 
Sulfur Dioxide (SO2), and primary PM2.5 and 2007 
Volatile Organic Compound (VOC) and ammonia emission inventories for 
the Columbus area. The Columbus area includes Coshocton (Franklin 
Township only), Delaware, Licking, Fairfield, and Franklin Counties.

DATES: This final rule is effective November 7, 2013.

ADDRESSES: EPA has established a docket for this action: Docket ID No. 
EPA-R05-OAR-2011-0597. 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 
hardcopy form. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hardcopy 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 Edward Doty, 
Environmental Scientist, at (312) 886-6057, before visiting the Region 
5 office.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6057, 
[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. What is EPA's response to comments on EPA's proposed actions?
III. What actions is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for the actions?

    On July 18, 1997 (62 FR 38652), EPA promulgated an annual 
PM2.5 standard at a level of 15 micrograms per cubic meter 
([micro]g/m\3\) of ambient air, based on the three-year average of the 
annual mean PM2.5 concentrations at any monitor (1997 annual 
PM2.5 standard). On January 5, 2005 (70 FR 944), EPA 
published area designations for the 1997 annual PM2.5 
standard based on the air quality data for the period of 2001-2003. In 
that rulemaking, EPA designated the Columbus area as nonattainment for 
this standard.
    On September 14, 2011 (76 FR 56641), EPA made a determination that 
the Columbus area had attained the 1997 annual PM2.5 
standard by the applicable attainment date. This determination of 
attainment was based on quality-assured annual-averaged 
PM2.5 concentrations for the PM2.5 monitoring 
sites in the Columbus area for the periods of 2007-2009 and 2008-2010. 
Based on our review of PM2.5 monitoring data from 2010-2012, 
we have determined that the Columbus area continues to attain the 1997 
annual PM2.5 standard.
    On June 3, 2011, the Ohio Environmental Protection Agency (OEPA) 
submitted a request for EPA to grant the redesignation of the Columbus 
area to attainment of the 1997 annual PM2.5 standard and for 
EPA approval of a SIP revision containing PM2.5-related

[[Page 66846]]

2005 emission inventories (for NOX, SO2, and 
primary PM2.5) and a PM2.5 maintenance plan for 
the Columbus area. The maintenance plan includes 2015 and 2022 MVEBs 
for the Columbus area. In a supplemental submission to the EPA on April 
30, 2013, the OEPA submitted 2007 VOC and ammonia emission inventories 
for the Columbus area to supplement the 2005 emission inventories.
    On August 26, 2013 (78 FR 52733), EPA issued a notice of rulemaking 
proposing to grant Ohio's request to redesignate the Columbus area to 
attainment of the 1997 annual PM2.5 standard. This notice of 
rulemaking also proposed: To determine that the Columbus area is 
attaining the 1997 annual PM2.5 standard based on 
PM2.5 monitoring data for the period of 2008-2012; to 
approve Ohio's PM2.5 maintenance plan for the Columbus area; 
to approve the 2005 NOX, SO2, and primary 
PM2.5 and 2007 VOC and ammonia emission inventories for the 
Columbus area; and to approve the 2022 primary PM2.5 and 
NOX MVEBs for the Columbus area.
    The primary background for today's actions is contained in EPA's 
August 26, 2013, proposal to approve Ohio's PM2.5 
redesignation request and in EPA's September 14, 2011, final 
determination that the Columbus area has attained the 1997 annual 
PM2.5 standard. In particular, the August 26, 2013, proposed 
rulemaking provides a detailed discussion of how Ohio's 
PM2.5 redesignation request and maintenance plan meet CAA 
requirements for redesignation of the Columbus area to attainment of 
the 1997 annual PM2.5 standard.

II. What is EPA's response to comments on EPA's proposed actions?

    EPA received two comment letters and an email supporting EPA's 
proposed actions. No adverse comments were received for the proposed 
actions.

III. What actions is EPA taking?

    EPA is making a determination that the Columbus area is currently 
attaining the 1997 annual PM2.5 standard based on 
PM2.5 monitoring data for the period of 2007-2012. EPA is 
determining that the Columbus area and the State of Ohio have met the 
requirements for redesignation of the Columbus area to attainment for 
the 1997 annual PM2.5 standard under sections 107(d)(3)(E) 
and 175A of the CAA. EPA is, thus, granting the request from Ohio to 
change the legal designation of the Columbus area from nonattainment to 
attainment for the 1997 annual PM2.5 NAAQS. EPA is approving 
Ohio's PM2.5 maintenance plan for the Columbus area as a 
revision to the Ohio SIP because the plan meets the requirements of 
section 175A of the CAA. EPA is approving 2005 emission inventories for 
primary PM2.5, NOX, and SO2 and 2007 
emission inventories for VOC and ammonia for the Columbus area 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 Columbus. These MVEBs will be used for 
future transportation conformity analyses for the Columbus 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 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 ``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, this action merely approves state law as meeting Federal 
requirements and does 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.

[[Page 66847]]

    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 January 6, 2014. 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, Nitrogen oxides, Particulate 
matter, Sulfur dioxide, Ammonia, Volatile organic compounds.

40 CFR Part 81

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

    Dated: October 17, 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)(9) and (q)(9) to 
read as follows:


Sec.  52.1880  Control strategy: Particulate matter.

* * * * *
    (p) * * *
    (9) Approval--The 1997 annual PM2.5 maintenance plan for 
the Columbus, Ohio nonattainment area (including Coshocton, Delaware, 
Licking, Fairfield, and Franklin Counties) has been approved as 
submitted on June 3, 2011. The maintenance plan establishes 2015 and 
2022 motor vehicle emissions budgets for this area of 25,084.11 tons 
per year for NOX and 873.46 tons per year for primary 
PM2.5 in 2015 and 12,187.50 tons per year for NOX 
and 559.13 tons per year for primary PM2.5 in 2022.
    (q) * * *
    (9) Ohio's 2005 NOX, primary PM2.5, and 
SO2 emissions inventories as, as submitted on June 3, 2011, 
and 2007 VOC and ammonia emission inventories, as submitted on April 
30, 2013, satisfy the emission inventory requirements of section 
172(c)(3) of the Clean Air Act for the Columbus 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 Columbus, OH in 
the table entitled ``Ohio--PM2.5 (Annual NAAQS)'' to read as 
follows:


Sec.  81.336  Ohio.

* * * * *

                       Ohio--PM2.5 (Annual NAAQS)
------------------------------------------------------------------------
                                             Designation \a\
        Designated area        -----------------------------------------
                                    Date \1\               Type
------------------------------------------------------------------------
 
                              * * * * * * *
Columbus, OH..................           11/7/13
    Coshocton County (part)     ................  Attainment.
     Franklin Township.
    Delaware County...........  ................  Attainment.
    Fairfield County..........  ................  Attainment.
    Franklin County...........  ................  Attainment.
    Licking 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.


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[FR Doc. 2013-25385 Filed 11-6-13; 8:45 am]
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