[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Rules and Regulations]
[Pages 43508-43510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17795]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2019-0239; FRL-9998-50-Region 5]
Air Plan Approval; Ohio; Redesignation of the Columbus, Ohio Area
to Attainment of the 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) finds that the
Columbus, Ohio area is attaining the 2015 ozone National Ambient Air
Quality Standard (NAAQS or standard) and is acting in accordance with a
request from the Ohio Environmental Protection Agency (Ohio EPA) to
redesignate the area to attainment for the 2015 ozone NAAQS because the
request meets the statutory requirements for redesignation under the
Clean Air Act (CAA). The Columbus area includes Delaware, Fairfield,
Franklin, and Licking Counties. Ohio EPA submitted this request on
April 23, 2019. EPA is also approving, as a revision to the Ohio State
Implementation Plan (SIP), the State's plan for maintaining the 2015
ozone NAAQS through 2030 in the Columbus area. Finally, EPA finds
adequate and is approving Ohio's 2023 and 2030 volatile organic
compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle
Emission Budgets (MVEBs) for the Columbus area.
DATES: This final rule is effective August 21, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2019-0239. All documents in the docket are listed in
the http://www.regulations.gov website. 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 April 23, 2019, submission from Ohio
EPA requesting redesignation of the Columbus area to attainment for the
2015 ozone standard. The background for this action is discussed in
detail in EPA's proposal, dated July 3, 2019 (84 FR 31814). In that
rulemaking, we noted that, under EPA regulations at 40 CFR part 50, the
2015 ozone NAAQS is attained in an area when the 3-year average of the
annual fourth highest daily maximum 8-hour average ozone concentration
is equal to or less than 0.070 parts per million, when truncated after
the third decimal place, at all of the ozone monitoring sites in the
area. (See 40 CFR 50.15 and appendix U of 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 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 2016-2018 and preliminary data for 2019 show that
the Columbus area has attained and continues to attain the 2015 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 2023 and 2030 VOC and
NOX MVEBs for the Columbus 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 July 3,
2019, proposed rule. The comment period ended on August 2, 2019. We
received one comment in support of EPA's proposed action. We received
no adverse comments on the proposed rule.
III. What action is EPA taking?
EPA is determining that the Columbus nonattainment area is
attaining the 2015 ozone standard, based on quality-assured and
certified monitoring data for 2016-2018 and that the 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 Columbus area from
nonattainment to attainment for the 2015 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 Columbus
area in attainment of the 2015 ozone NAAQS through 2030. Finally, EPA
finds adequate and is approving the newly-established 2023 and 2030
MVEBs for the Columbus 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 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.
[[Page 43509]]
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);
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, 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 October 21, 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, Oxides of nitrogen, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: August 8, 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 a new
entry for ``Ozone (8-Hour, 2015)'' before the entry for ``PM-10'' to
read as follows:
Sec. 52.1870 Identification of plan.
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(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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[[Page 43510]]
* * * * * * *
Ozone (8-Hour, 2015).......... Columbus (Delaware, 4/23/2019 8/21/2019,
Fairfield, Franklin, [insert Federal
and Licking Counties. Register
citation].
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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 Columbus, OH in
the table entitled ``Ohio-2015 8-Hour Ozone NAAQS [Primary and
Secondary]'' to read as follows:
Sec. 81.336 Ohio.
* * * * *
Ohio--2015 8-Hour Ozone NAAQS
[Primary and secondary]
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Designation Classification
Designated area \1\ ------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
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* * * * * * *
Columbus, OH:.................... 8/21/2019 Attainment.........
Delaware County
Fairfield County
Franklin County
Licking County
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
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[FR Doc. 2019-17795 Filed 8-20-19; 8:45 am]
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