[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Rules and Regulations]
[Pages 1603-1606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31634]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2016-0396; FRL-9957-80-Region 5]


Air Plan Approval; Ohio; Redesignation of the Cleveland, Ohio 
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) finds that the 
Cleveland-Akron-Lorain, Ohio area (Cleveland area) is attaining the 
2008 ozone National Ambient Air Quality Standard (NAAQS or standard) 
and is redesignating the area to attainment for the 2008 ozone NAAQS, 
because the area meets the statutory requirements for redesignation 
under the Clean Air Act (CAA). The Cleveland area includes Ashtabula, 
Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit counties. 
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 Cleveland 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 Cleveland area. The Ohio Environmental Protection 
Agency (Ohio EPA) submitted the SIP revision and redesignation request 
on July 6, 2016.

DATES: This final rule is effective January 6, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0396. 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: Jenny Liljegren, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J),

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Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6832, [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 July 6, 2016 submission from Ohio EPA 
requesting redesignation of the Cleveland area to attainment for the 
2008 ozone standard. The background for today's action is discussed in 
detail in EPA's proposal, dated October 17, 2016 (81 FR 71444). 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 October 
17, 2016, provides a detailed discussion of how Ohio has met these CAA 
requirements.
    As discussed in the proposed rule, quality-assured and certified 
monitoring data for 2013-2015 and preliminary data for 2016 show that 
the Cleveland 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 has adopted 2020 and 2030 VOC and 
NOX MVEBs for the Cleveland 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 October 17, 
2016, proposed rule. The comment period ended on November 16, 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 finds that the Cleveland nonattainment area 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 Cleveland 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 Cleveland 
area in attainment of the 2008 ozone NAAQS through 2030. Finally, EPA 
finds adequate and is approving the newly-established 2020 and 2030 
MVEBs for the Cleveland 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

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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 March 7, 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 21, 2016.
Robert A. Kaplan
Acting Regional Administrator, Region 5.

0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations 
is 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 52.1885 is amended by adding paragraph (pp)(3) to read as 
follows:


Sec.  52.1885   Control strategy: Ozone.

* * * * *
    (pp) * * *
    (3) Approval--On July 6, 2016, the Ohio Environmental Protection 
Agency submitted a request to redesignate the Cleveland 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 eight years as required by the Clean Air 
Act. The 2020 motor vehicle emissions budgets for the Cleveland area 
are 38.85 tons per summer day (TPSD) for VOC and 61.56 TPSD for 
NOX. The 2030 motor vehicle emissions budgets for the 
Cleveland area are 30.80 TPSD for VOC and 43.82 TPSD for 
NOX.

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-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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                                                  * * * * * * *
Cleveland, OH: \2\ Ashtabula          1/6/2017  Attainment.           ....................  ....................
 County, Cuyahoga County,
 Geauga County, Lake County,
 Lorain County, Medina County,
 Portage County, Summit 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. 2016-31634 Filed 1-5-17; 8:45 am]
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