[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16938-16940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06882]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2016-0479; FRL-9960-82-Region 5]


Air Plan Approval; Ohio; Redesignation of the Ohio Portion of the 
Cincinnati-Hamilton, OH-IN-KY 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: The Environmental Protection Agency (EPA) is redesignating the 
Ohio portion of the Cincinnati-Hamilton, OH-IN-KY, nonattainment area 
(hereafter, ``the Cincinnati-Hamilton area'') to attainment for the 
1997 fine particulate matter (PM2.5) annual national ambient 
air quality standards (NAAQS or standard). The Ohio portion of the 
Cincinnati-Hamilton area includes Butler, Clermont, Hamilton, and 
Warren Counties. Because EPA has determined that the Cincinnati-
Hamilton area is attaining the annual PM2.5 standard, EPA is 
redesignating the area to attainment and also approving several 
additional related actions. EPA is approving the Reasonably Available 
Control Measures (RACM)--Reasonably Available Control Technology (RACT) 
portion of Ohio's Cincinnati-Hamilton area attainment plan state 
implementation plan (SIP) revision as providing adequate RACM/RACT. EPA 
is also approving an update to the Ohio SIP, by updating the state's 
approved plan for maintaining the 1997 annual PM2.5 NAAQS 
through 2027. EPA previously approved the base year emissions inventory 
for the Cincinnati-Hamilton area, and is approving Ohio's updated 
emission inventory which includes emission inventories for volatile 
organic compounds (VOCs) and ammonia. Ohio's approved maintenance plan 
submission includes a budget for the mobile source contribution of 
PM2.5 and nitrogen oxides (NOX) to the 
Cincinnati-Hamilton area for transportation conformity purposes, which 
EPA is approving. EPA is taking these actions in accordance with the 
Clean Air Act (CAA) and EPA's implementation rule regarding the 1997 
PM2.5 NAAQS.

DATES: This final rule is effective April 7, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0479. 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 Joseph Ko, Environmental Engineer, at (312) 886-7947 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Joseph Ko, 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) 886-7947, [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. Response to Comments
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

    On July 22, 2016, Ohio EPA submitted a request to EPA to 
redesignate the Cincinnati-Hamilton area to attainment for the 1997 
PM2.5 annual standard, and to approve updates to the 
maintenance plan for the area. In a notice published on January 4, 2017 
(82 FR 792), EPA proposed to redesignate the area and approve several 
actions related to the redesignation (82 FR 792). Additional background 
and details regarding this final action can be found in the January 4, 
2017, proposed rule.

II. Response to Comments

    Comment: EPA received one comment on the proposed redesignation. 
The commenter supported EPA's proposal to redesignate the Ohio portion 
of the Cincinnati-Hamilton area.
    Response: EPA agrees with the comment, and no changes were made to 
the final action based on this comment.

III. What action is EPA taking?

    EPA is taking several actions related to redesignation of the 
Cincinnati-Hamilton area to attainment for the 1997 annual 
PM2.5 NAAQS.
    EPA has previously approved Ohio's PM2.5 maintenance 
plan and motor vehicle emission budgets for the Cincinnati-Hamilton 
area. EPA has determined that this plan and budgets are still 
applicable.
    EPA has previously approved the 2005 primary PM2.5, 
NOX, and SO2 base year emissions inventory. EPA 
is approving Ohio's updated emissions inventory which includes 
emissions inventories for VOCs and ammonia from 2007. EPA has 
determined that Ohio meets the emissions inventory requirement under 
section 107(d)(3)(E)(iii).
    EPA is approving the RACM/RACT portion of Ohio's prior Cincinnati-
Hamilton area attainment plan SIP revision as providing adequate RACM/
RACT consistent with the provisions of 40 CFR 51.1010(b), because Ohio 
has demonstrated with a RACM/RACT analysis that no further control 
measures would advance the attainment date in the area.
    In The Fine Particulate Matter National Ambient Air Quality 
Standards: State Implementation Plan Requirements final rule (final 
PM2.5 SIP requirements rule), EPA revoked the 1997 primary 
annual PM2.5 NAAQS in areas that had always been attainment 
for that NAAQS, and in areas that had been designated as nonattainment 
but that were redesignated to attainment before October 24, 2016, the 
rule's effective date. (See 81 FR 58010, August 24, 2016.) EPA also 
finalized a provision that revokes the 1997 primary annual 
PM2.5 NAAQS in areas that are redesignated to attainment for 
that NAAQS after October 24, 2016, effective on the effective date of 
the redesignation of the area to attainment for that NAAQS. (See 40 CFR 
50.13(d).)
    EPA is redesignating the Ohio portion of the Cincinnati-Hamilton 
area to attainment for the 1997 annual PM2.5 NAAQS and 
approving the CAA section 175A maintenance plan for the 1997 primary 
annual PM2.5 NAAQS for the reasons described elsewhere in 
the January 4, 2017, proposed action.\1\ The

[[Page 16939]]

1997 primary annual PM2.5 NAAQS will be revoked in the area 
on the effective date of this redesignation. Beginning on that date, 
the area will no longer be subject to transportation or general 
conformity requirements for the 1997 annual PM2.5 NAAQS due 
to the revocation of the primary NAAQS. (See 81 FR 58125, August 24, 
2016.) The area will be required to implement the CAA section 175A 
maintenance plan for the 1997 primary annual PM2.5 NAAQS and 
the PSD program for the 1997 annual PM2.5 NAAQS. Once 
approved, the maintenance plan could only be revised if the revision 
meets the requirements of CAA section 110(l) and, if applicable, CAA 
section 193. The area would not be required to submit a second 10-year 
maintenance plan for the 1997 primary annual PM2.5 NAAQS. 
(See 81 FR 58144, August 24, 2016.)
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    \1\ CAA section 175A(a) establishes the requirements that must 
be fulfilled by nonattainment areas in order to be redesignated to 
attainment. That section only requires that nonattainment areas for 
the primary standard submit a plan addressing maintenance of the 
primary NAAQS in order to be redesignated to attainment; it does not 
require nonattainment areas for secondary NAAQS to submit 
maintenance plans in order to be redesignated to attainment. (See 42 
U.S.C. 7505a(a).)
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    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 June 6, 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, Particulate matter.

40 CFR Part 81

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


[[Page 16940]]


    Dated: March 20, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 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.

Subpart KK--Ohio

0
2. Section 52.1880 is amended by revising paragraph (q)(1) and by 
adding paragraph (v) to read as follows:


Sec.  52.1880  Control strategy: Particulate matter.

* * * * *
    (q) * * *
    (1) Ohio's 2005 NOX, directly emitted PM2.5, 
and SO2 emissions inventory; and 2007 VOCs and ammonia 
emissions inventory, satisfy the emission inventory requirements of 
section 172(c)(3) for the Cincinnati-Hamilton area.
* * * * *
    (v) Approval--Ohio's RACM/RACT analysis that was submitted as part 
of their July 18, 2008, attainment demonstration satisfies the RACM/
RACT requirements of section 172(c)(1) for the Cincinnati-Hamilton 
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 column headings under 
``Designation\a\'' for ``Type'' and ``Date\1\'' and by revising the 
entry for Cincinnati-Hamilton, OH in the table entitled ``Ohio--1997 
Annual PM2.5 NAAQS'' to read as follows:


Sec.  81.336  Ohio.

* * * * *

                                          Ohio--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
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                                             Designation \a\                          Classification
        Designated area         --------------------------------------------------------------------------------
                                      Date \1\              Type                 Date                Type
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                                                  * * * * * * *
Cincinnati-Hamilton, Ohio:.....  April 7, 2017.....  Attainment........
Butler County..................
Clermont County................
Hamilton County................
Warren 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. 2017-06882 Filed 4-6-17; 8:45 am]
 BILLING CODE 6560-50-P