[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Rules and Regulations]
[Pages 83158-83160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27852]



[[Page 83158]]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA R05 OAR 2015-0599; FRL-9955-37-Region 5]


Designation of Areas for Air Quality Planning Purposes; Ohio; 
Redesignation of the Ohio Portion of the Campbell-Clermont KY-OH Sulfur 
Dioxide Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: In accordance with the Clean Air Act (CAA), the Environmental 
Protection Agency (EPA) is redesignating the Ohio portion of the 
Campbell-Clermont KY-OH sulfur dioxide (SO2) nonattainment 
area from nonattainment to attainment. The Ohio portion of this area 
consists of Pierce Township in Clermont County, Ohio. EPA is also 
approving Ohio's maintenance plan, submitted on August 11, 2015. The 
primary emission source in the area has permanently closed, and the air 
quality in the area is now meeting the SO2 standard. EPA 
received one comment in support of the redesignation.

DATES: This final rule is effective on November 21, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2015-0599. 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 
through www.regulations.gov or 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 Mary Portanova, Environmental Engineer, at (312) 
353-5954 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-5954, [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. Background
II. What comments were received on the proposal?
III. How does this affect the finding of failure to submit?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. Background

    On July 20, 2016 (81 FR 47144), EPA proposed to redesignate the 
Ohio portion of the Campbell-Clermont KY-OH nonattainment area to 
attainment of the 2010 SO2 National Ambient Air Quality 
Standard (NAAQS), because Ohio demonstrated that the most culpable 
source had closed, because the local SO2 monitor was now 
registering attainment, and because various additional analyses showed 
that no other sources in or near the area were causing or contributing 
to violations in the area. The Ohio portion of the nonattainment area 
consists of Pierce Township in Clermont County. EPA also proposed to 
approve Ohio's maintenance plan for this area.

II. What comments were received on the proposal?

    EPA received one comment on the proposal. Cheri A. Budzynski 
commented on August 19, 2016, on behalf of the Ohio Utility Group and 
its member companies (the Utilities). The comment states that the 
Utilities support the proposed action and believe that it should be 
finalized. This was the only comment EPA received on this notice of 
proposed rulemaking.

III. How does this affect the finding of failure to submit?

    On March 18, 2016 (81 FR 14736), EPA published a finding that Ohio 
had failed to submit a nonattainment State Implementation Plan (SIP) 
for the Campbell-Clermont KY-OH SO2 nonattainment area by 
the required deadline of April 4, 2015. Because the main SO2 
emission source in the nonattainment area had closed and the design 
value at the Campbell County, Kentucky, air quality monitor was in 
attainment of the SO2 standard after 2014, instead of a full 
nonattainment SIP for this area, Ohio decided to submit a redesignation 
request. Ohio presented this decision in its April 3, 2015, 
nonattainment SIP submittal, and submitted its redesignation request on 
August 11, 2015. EPA's March 18, 2016, finding of failure to submit 
would require the imposition of sanctions if the SIP requirements are 
not met within 18 months; that is, by October 18, 2017. Since EPA is 
finalizing the redesignation of the Ohio portion of the Campbell-
Clermont KY-OH SO2 nonattainment area before October 18, 
2017, EPA no longer requires Ohio to submit a nonattainment SIP for the 
area, and the sanctions described in the March 18, 2016, finding will 
not take effect.

IV. What action is EPA taking?

    EPA is redesignating Pierce Township, Clermont County, Ohio, to 
attainment of the 2010 SO2 NAAQS. Pierce Township is the 
Ohio portion of the Campbell-Clermont KY-OH SO2 
nonattainment area. Ohio has met the CAA requirements for 
redesignation. EPA is also approving Ohio's maintenance plan, submitted 
on August 11, 2015.
    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. This rule, 
however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, this rule relieves Ohio of various requirements for the 
Ohio portion of the Campbell-Clermont 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.

V. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the

[[Page 83159]]

maintenance plan under CAA 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 required by state law. 
A redesignation to attainment does not in and of itself impose any new 
requirements, but rather results in the application 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. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 CAA; 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 20, 2017. 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, Reporting and recordkeeping 
requirements, Sulfur oxides.

40 CFR Part 81

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

    Dated: November 9, 2016.
Robert A. Kaplan,
Acting 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. In Sec.  52.1870 the table in paragraph (e) is amended by adding an 
entry for ``SO2 (2010)'' in alphabetical order under 
``Summary of Criteria Pollutant Maintenance Plan'' to read as follows:


Sec.  52.1870   Identification of plan.

* * * * *
    (e) * * *

                         EPA-Approved Ohio Nonregulatory And Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                               Applicable geographical
            Title               or non-attainment area     State date          EPA approval          Comments
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Summary of Criteria Pollutant Maintenance Plan
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
SO2 (2010)...................  Campbell-Clermont             8/11/2015   11/21/2016, [insert
                                (Pierce Township in                       Federal Register
                                Clermont County).                         citation].
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 83160]]


0
3. Section 52.1881 is amended by adding paragraph (a)(16) to read as 
follows:


Sec.  52.1881   Control strategy: Sulfur oxides (sulfur dioxide).

    (a) * * *
    (16) Approval--The 2010 SO2 maintenance plan for the 
Ohio portion of the Campbell-Clermont KY-OH (Pierce Township, Clermont 
County), has been approved as submitted on August 11, 2015.
* * * * *

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

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

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


0
5. Section 81.336 is amended by revising the entry for ``Campbell-
Clermont Counties, KY-OH'' in the table entitled ``Ohio--2010 Sulfur 
Dioxide NAAQS [Primary]'' to read as follows:


Sec.  81.336   Ohio.

* * * * *

                     Ohio--2010 Sulfur Dioxide NAAQS
                                [Primary]
------------------------------------------------------------------------
                                               Designation
        Designated area         ----------------------------------------
                                       Date                Type
------------------------------------------------------------------------
Campbell-Clermont Counties, KY-        11/21/16   Attainment.
 OH \1\.
Clermont County (part):
Pierce Township
 
                               * * * * * *
------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless
  otherwise specified.

* * * * *
[FR Doc. 2016-27852 Filed 11-18-16; 8:45 am]
 BILLING CODE 6560-50-P