[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Rules and Regulations]
[Pages 91035-91037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30054]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2016-0269; FRL-9956-60-Region 5]


Air Plan Approval; Ohio; Redesignation of the Ohio Portion of the 
Cincinnati, Ohio-Kentucky-Indiana Area to Attainment of the 2008 Ozone 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finding that the 
Cincinnati, Ohio-Kentucky-Indiana area is attaining the 2008 ozone 
National Ambient Air Quality Standard (NAAQS or standard) and is 
redesignating the Ohio portion of the Cincinnati area to attainment for 
the 2008 ozone NAAQS because the area meets the statutory requirements 
for redesignation under the Clean Air Act (CAA or Act). The Cincinnati 
area includes Butler, Clermont, Clinton, Hamilton, and Warren Counties 
in Ohio; Lawrenceburg Township in Dearborn County, Indiana; and, Boone, 
Campbell, and Kenton Counties in Kentucky. EPA is also approving, as a 
revision to the Ohio State Implementation Plan (SIP), the state's plan 
for maintaining the 2008 ozone standard through 2030 in the Cincinnati 
area. Finally, EPA finds adequate and is approving the state's 2020 and 
2030 volatile organic compound (VOC) and oxides of nitrogen 
(NOX) Motor Vehicle Emission Budgets (MVEBs) for the Ohio 
and Indiana portion of the Cincinnati area. The Ohio Environmental 
Protection Agency (Ohio EPA) submitted the SIP revision and 
redesignation request on April 21, 2016.

DATES: This final rule is effective December 16, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0269. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information 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 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, 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) 886-1767, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What is being addressed in this document?

    This rule takes action on the submission from Ohio EPA, dated April 
21, 2016, requesting redesignation of the Ohio portion of the 
Cincinnati area to attainment for the 2008 ozone standard. The 
background for today's action is discussed in detail in EPA's proposal, 
dated September 28, 2016 (81 FR 66602). In that rulemaking, we noted 
that, under EPA regulations at 40 CFR part 50, the 2008 ozone NAAQS is 
attained in an area when the 3-year average of the annual fourth 
highest daily maximum 8-hour average concentration is equal to or less 
than 0.075 ppm, when truncated after the thousandth decimal place, at 
all of the ozone monitoring sites in the area. (See 40 CFR 50.15 and 
appendix P to 40 CFR part 50.) Under the CAA, EPA may redesignate 
nonattainment areas to attainment if sufficient complete, quality-
assured data are available to determine that the area has attained the 
standard and if it meets the other CAA redesignation requirements in 
section 107(d)(3)(E). The proposed rule, dated September 28, 2016, 
provides a detailed discussion of how Ohio has met these CAA 
requirements.
    As discussed in the September 28, 2016, proposal, quality-assured 
and certified monitoring data for 2013-2015 and preliminary data for 
2016 show that the Cincinnati area has attained and continues to attain 
the 2008 ozone standard. In the maintenance plan submitted for the 
area, Ohio has demonstrated that the ozone standard will be maintained 
in the area through 2030. Finally, Ohio and Indiana have adopted 2020 
and 2030 VOC and NOX MVEBs for the Ohio and Indiana portion 
of the Cincinnati area that are supported by Ohio's maintenance 
demonstration.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period for the September 
28, 2016, proposed rule. The comment period ended on October 28, 2016. 
During the comment period, comments in support of the action were 
submitted on behalf of the Ohio Utility Group and its member companies. 
We received no adverse comments on the proposed rule.

III. What action is EPA taking?

    EPA is determining that the Cincinnati nonattainment is attaining 
the 2008 ozone standard, based on quality-assured and certified 
monitoring data for 2013-2015 and that the Ohio portion of this area 
has met the requirements for redesignation under section 107(d)(3)(E) 
of the CAA. EPA is thus changing the legal designation of the Ohio 
portion of the Cincinnati area from nonattainment to attainment for the 
2008 ozone standard. EPA is also approving, as a revision to the Ohio 
SIP, the state's maintenance plan for the area. The maintenance plan is 
designed to keep the Cincinnati area in

[[Page 91036]]

attainment of the 2008 ozone NAAQS through 2030. Finally, EPA finds 
adequate and is approving the newly-established 2020 and 2030 MVEBs for 
the Indiana and Ohio portion of the Cincinnati 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 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 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.

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. 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, this rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because 
redesignation 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. 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 February 14, 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, Oxides of nitrogen, Ozone, 
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Designations and classifications, 
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: December 5, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
    Parts 52 and 81, chapter I, title 40 of the Code of Federal 
Regulations 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.


0
2. Section 52.1885 is amended by revising paragraph (ff) introductory 
text and adding paragraph (pp) to read as follows:

[[Page 91037]]

Sec.  52.1885  Control strategy: Ozone.

* * * * *
    (ff) Approval--The 1997 8-hour ozone standard maintenance plans for 
the following areas have been approved:
* * * * *
    (pp) Approval--The 2008 8-hour ozone standard maintenance plans for 
the following areas have been approved:
    (1) Approval--On April 21, 2016, the Ohio Environmental Protection 
Agency submitted a request to redesignate the Ohio portion of the 
Cincinnati, OH-KY-IN area to attainment of the 2008 ozone NAAQS. As 
part of the redesignation request, the State submitted a maintenance 
plan as required by section 175A of the Clean Air Act. Elements of the 
section 175 maintenance plan include a contingency plan and an 
obligation to submit a subsequent maintenance plan revision in 8 years 
as required by the Clean Air Act. The 2020 motor vehicle emissions 
budgets for the Ohio and Indiana portions of the Cincinnati, OH-KY-IN 
area are 30.00 tons per summer day (TPSD) for VOC and 26.77 TPSD for 
NOX. The 2030 motor vehicle emissions budgets for the Ohio 
and Indiana portions of the area are 18.22 TPSD for VOC and 16.22 TPSD 
for NOX.

PART 81--[AMENDED]

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

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


0
2. Section 81.336 is amended by revising the entry for Cincinnati, OH-
KY-IN in the table entitled ``Ohio--2008 8-Hour Ozone NAAQS (Primary 
and secondary)'' to read as follows:


Sec.  81.336  Ohio.

* * * * *

                                          Ohio--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
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                                                Designation                           Classification
         Designated area         -------------------------------------------------------------------------------
                                       Date \1\              Type              Date \1\              Type
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Cincinnati, OH-KY-IN: \2\.......  December 16, 2016.  Attainment.
    Butler County
    Clermont County
    Clinton County
    Hamilton County
    Warren County
 
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\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

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[FR Doc. 2016-30054 Filed 12-15-16; 8:45 am]
 BILLING CODE 6560-50-P