[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5787-5788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01505]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2021-0949; FRL-9532-03-R5]


Air Plan Approval; Ohio; Redesignation of the Ohio portion of the 
Cincinnati, Ohio-Kentucky Area to Attainment of the 2015 Ozone 
Standard; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: This action corrects an error in a table posted in the June 9, 
2022, rule redesignating the Ohio portion of the Cincinnati, Ohio-
Kentucky area to attainment of the 2015 ozone National Ambient Air 
Quality Standard (NAAQS). The table contained motor vehicle emissions 
budgets (Budgets) for volatile organic compounds (VOC) and oxides of 
nitrogen (NOX) for the Ohio portion of the Cincinnati OH-KY 
area. The Budgets table in that action conflicts with the Budgets 
submitted by Ohio and set forth in the proposed rule. Therefore, EPA is 
correcting the erroneous table.

DATES: This correction is effective on January 30, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2021-0949. 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

[[Page 5788]]

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 and facility closures 
due to COVID-19. We recommend that you telephone Olivia Davidson, 
Environmental Scientist, at (312) 886-0266 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Olivia Davidson, 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) 886-0266, 
[email protected].

SUPPLEMENTARY INFORMATION: EPA published a final rule redesignating the 
Ohio portion of the Cincinnati area to attainment of the 2015 ozone 
NAAQS on June 9, 2022 (87 FR 35104). That rule also approved VOC and 
NOX Budgets for the Ohio portion of the Cincinnati area for 
transportation conformity purposes. In that rule, EPA erroneously 
identified the 2015 ozone Budgets as 14.15 and 10.58 tons per day (tpd) 
for NOX in 2026 and 2035, respectively, and 25.30 and 18.98 
tpd for VOC in 2026 and 2035, respectively. The table in that action 
conflicts with the Budgets submitted by Ohio and set forth in the 
proposed rule. The Budgets submitted by Ohio are 14.15 and 10.58 tpd 
for VOC in 2026 and 2035, and 25.30 and 18.98 tpd in 2026 and 2035 for 
NOX. Therefore, the table is being revised to reflect the 
correct Budgets.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making this rule final without prior proposal 
and opportunity for comment because we are merely correcting an 
incorrect citation in a previous action. Thus, notice and public 
procedure are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(B).

Statutory and Executive Order Reviews

    This action is not a significant regulatory action subject to 
review by the Office of Management and Budget under Executive Orders 
(E.O.s) 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, 
January 21, 2011). This action does not impose an information 
collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). Because the agency has made a ``good cause'' finding 
that this action is not subject to notice-and-comment requirements 
under the Administrative Procedures Act or any other statute as 
indicated in the section above, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601 
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA) (Pub. L. 104-4). This action will not have 
substantial direct effects on the States, on the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of governments, as 
specified by E.O. 13132 (64 FR 43255, August 10, 1999). In addition, 
the State Implementation Plan (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 E.O. 13175 (65 FR 67249, November 9, 2000). This 
action is not subject to E.O. 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant. This action is also not 
subject to E.O. 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This technical correction action does not involve 
technical standards; thus the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. The action also does not involve special 
consideration of environmental justice related issues as required by 
E.O. 12898 (59 FR 7629, February 16, 1994).
    This action is subject to the Congressional Review Act (CRA), and 
EPA will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. Section 808 allows the 
issuing agency to make a rule effective sooner than otherwise provided 
by the CRA if the agency makes a good cause finding that notice and 
public procedure is impracticable, unnecessary or contrary to the 
public interest. This determination must be supported by a brief 
statement. 5 U.S.C. 808(2). As stated previously, EPA had made such a 
good cause finding, including the reasons therefore, and established an 
effective date of January 30, 2023. This correction to 40 CFR 52 for 
Ohio is not a ``major rule'' as defined by 5 U.S.C. 804(2).

Correction

    In FR Doc. 2022-12318, published in the Federal Register on June 9, 
2022 (87 FR 35104), on page 35108, in first column, the table entitled 
``Table 2--2026 and 2035 Budgets for the Ohio Portion for the 2015 
Ozone NAAQS Maintenance Area [Tons per summer day, TPSD]'' is corrected 
to read:

 Table 2--2026 and 2035 Budgets for the Ohio Portion for the 2015 Ozone
                         NAAQS Maintenance Area
                       [Tons per summer day, TPSD]
------------------------------------------------------------------------
                                                          2026     2035
                       Pollutant                         Budget   Budget
------------------------------------------------------------------------
NOX...................................................    25.30    18.98
VOC...................................................    14.15    10.58
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    Dated: January 19, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-01505 Filed 1-27-23; 8:45 am]
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