[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Rules and Regulations]
[Pages 14881-14883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07334]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2018-0572; FRL-9992-21-Region 5]
Air Plan Approval; Ohio; Redesignation of the Cleveland Area to
Attainment of the 2012 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 approving the
Ohio Environmental Protection Agency's (Ohio) request to redesignate
the Cleveland area to attainment of the 2012 annual national ambient
air quality standard (NAAQS or standards) for fine particulate matter
(PM2.5) under the Clean Air Act (CAA).
DATES: This final rule is effective on April 12, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0572. All documents in the docket are listed on
the www.regulations.gov website. 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 Michael Leslie, Environmental Engineer, at (312)
353-6680 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, [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 being addressed by this document?
II. What comments did we receive on the proposed SIP revision?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed by this document?
On July 24, 2018, Ohio submitted a request for EPA to redesignate
the Cleveland area to attainment of the 2012 annual PM2.5
NAAQS under section 107(d)(3)(E) the CAA. On December 26, 2018, at 83
FR 66200, EPA proposed to approve the State's revision to the SIP for
the 2012 PM2.5 NAAQS in the Cleveland nonattainment area.
II. What comments did we receive on the proposed SIP revision?
Our December 26, 2018 proposed rule provided a 30-day review and
comment period. The comment period closed on January 25, 2019. EPA
received no comments during the public comment period.
III. What action is EPA taking?
EPA is approving a change to the official designation of the
Cleveland, Ohio area for the 2012 annual PM2.5 NAAQS, found
at 40 CFR part 81, from nonattainment to attainment. EPA is approving a
determination that the Cleveland area has attained the 2012 annual
PM2.5 standard, based on the most recent three years of
certified air quality data. This action also approves the maintenance
plan for the 2012 annual PM2.5 NAAQS as revision to the Ohio
SIP for the Cleveland area. Finally, EPA is approving 2022 and 2030
primary PM2.5 and nitrogen oxide motor vehicle emission
budgets (MVEBs) for the Cleveland area. These MVEBs will be used in
future transportation conformity analyses for the 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. 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 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 the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of 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,
[[Page 14882]]
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 June 11, 2019. 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 dioxide, Particulate
matter, Sulfur oxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: March 25, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
Title 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 under
``Summary of Criteria Pollutant Maintenance Plan'' by adding an entry
``PM2.5 (2012)'' before the entry ``SO2 (1971)''
(with a State date of 6/25/1992) to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
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Applicable
Title geographical or non- State date EPA approval Comments
attainment area
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* * * * * * *
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Summary of Criteria Pollutant Maintenance Plan
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* * * * * * *
PM2.5 (2012)............... Cleveland........... 7/24/2018 4/12/2019, [insert EPA is approving the
Federal Register following elements: a
citation]. determination that the
Cleveland area has
attained the 2012
annual PM2.5 standard,
a maintenance plan for
the 2012 annual PM2.5
NAAQS, 2022 and 2030
primary PM2.5 and NOX
MVEBs for the Cleveland
area.
* * * * * * *
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[[Page 14883]]
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 ``Cleveland, OH'' in
the table entitled ``Ohio--2012 Annual PM2.5 NAAQS'' to read
as follows:
Sec. 81.336 Ohio.
* * * * *
Ohio--2012 Annual PM2.5 NAAQS
[Primary]
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Designation Classification
Designated area \1\ -----------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
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Cleveland, OH:
Cuyahoga County............... 4/12/2019 Attainment Moderate
Lorain County................. 4/12/2019 Attainment Moderate
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\1\ Includes areas of Indian country located in each county or area, except as otherwise specified.
\2\ This date is April 15, 2015, unless otherwise noted.
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[FR Doc. 2019-07334 Filed 4-11-19; 8:45 am]
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