[Federal Register Volume 72, Number 112 (Tuesday, June 12, 2007)]
[Rules and Regulations]
[Pages 32190-32193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11229]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2006-1022; FRL-8324-9]
Determination of Attainment, Approval and Promulgation of
Implementation Plans and Designation of Areas for Air Quality Planning
Purposes; Ohio; Redesignation of Youngstown, OH to Attainment of the 8-
Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On February 15, 2007, the Ohio Environmental Protection Agency
(Ohio EPA), submitted a request to redesignate its portion of the
Youngstown area (Mahoning, Trumbull and Columbiana Counties) to
attainment of the 8-hour ozone National Ambient Air Quality Standard
(NAAQS), and a request for EPA approval of an ozone maintenance plan.
EPA is making a determination that the Youngstown, Ohio ozone
nonattainment area has attained the 8-hour ozone NAAQS. This
determination is based on three years of complete, quality assured
ambient air quality monitoring data for the 2004-2006 ozone seasons
that demonstrate that the 8-hour ozone NAAQS has been attained in the
area. EPA is approving, as a State Implementation Plan (SIP) revision,
the State's maintenance plan for the Ohio portion of the area. As a
result, Ohio has satisfied the criteria for redesignation of Mahoning,
Trumbull and Columbiana Counties to attainment and EPA is approving the
requested redesignation. Further, EPA is approving, for purposes of
transportation conformity, the motor vehicle emission budgets (MVEBs)
for the years 2009 and 2018 that are contained in the 8-hour ozone
maintenance plan for the area.
DATES: This final rule is effective on June 12, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2006-1022. 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
[[Page 32191]]
available either electronically through www.regulations.gov or in hard
copy 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
Patricia Morris, Environmental Scientist, at (312) 353-8656 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental
Scientist, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8656,
[email protected].
SUPPLEMENTARY INFORMATION: In the following, whenever ``we,'' ``us,''
or ``our'' are used, we mean the United States Environmental Protection
Agency.
Table of Contents
I. What Is the Background for This Rule?
II. What Comments Did We Receive on the Proposed Action?
III. What Are Our Final Actions?
IV. Statutory and Executive Order Review
I. What Is the Background for This Rule?
The Clean Air Act (CAA) requires EPA to designate as nonattainment
any area that is violating the 8-hour ozone NAAQS based on three
consecutive years of air quality monitoring data. EPA designated
Youngstown, Ohio as a nonattainment area in a Federal Register notice
published on April 30, 2004, (69 FR 23857). At the same time EPA
classified the area as a subpart 1 8-hour ozone nonattainment area,
based on air quality monitoring data from 2001-2003.
On February 15, 2007, the Ohio EPA submitted a request to
redesignate its portion of the Youngstown area to attainment for the 8-
hour ozone standard. The redesignation request included three years of
complete, quality-assured data for the period of 2004 through 2006,
indicating the 8-hour NAAQS for ozone had been achieved. The data
satisfy the CAA requirements for attainment when the 3-year average of
the annual fourth-highest daily maximum 8-hour average ozone
concentration is less than or equal to 0.08 ppm. Under the CAA,
nonattainment areas may be redesignated to attainment if sufficient
complete, quality-assured data are available for the Administrator to
determine that the areas have attained the standard and the areas meet
the other CAA redesignation requirements in section 107(d)(3)(E). The
April 18, 2007, proposed rule (72 FR 19435) provides a discussion of
how the State of Ohio met these requirements for the Youngstown, Ohio
area.
II. What Comments Did We Receive on the Proposed Action?
EPA provided a 30-day review and comment period on the April 18,
2007, proposed rule. EPA received no comments.
The United States Court of Appeals for the District of Columbia
Circuit recently vacated EPA's April 30, 2004 ``Final Rule to Implement
the 8-Hour Ozone National Ambient Standard'' (the Phase 1
implementation rule). South Coast Air Quality Management District v.
EPA, No. 04-1200., 472 F.3d 882 (D.C. Cir. 2007). This court decision
and EPA's interpretation of the decision was discussed in the proposed
rule. No comments were received.
III. What Are Our Final Actions?
EPA is taking several related actions. EPA is making a
determination that the Youngstown, Ohio nonattainment area has attained
the 8-hour ozone standard. EPA is approving Ohio's maintenance plan SIP
revision for Mahoning, Trumbull and Columbiana counties (such approval
being one of the CAA criteria for redesignation to attainment status).
The Ohio maintenance plan, in conjunction with the Pennsylvania SIP, is
designed to keep the area in attainment for ozone through 2018. Because
Ohio has met these and other prerequisites for redesignation, EPA is
approving the State's request to change the legal designation of the
counties from nonattainment to attainment for the 8-hour ozone NAAQS.
In addition, and supported by and consistent with the ozone maintenance
plan, EPA is approving the 2009 and 2018 volatile organic compounds
(VOC) and oxides of nitrogen (NOX) MVEBs for the Ohio
counties for transportation conformity purposes. The 2009 motor vehicle
emission budgets are 19.58 tons per day for VOCs and 33.71 tons per day
for NOX. For 2018 the budgets are 10.36 tons per day for VOC
and 13.29 tons per day for NOX.
EPA finds that there is good cause for these actions to become
effective immediately upon publication 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 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 these 8-hour ozone nonattainment
areas. 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 Review
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Redesignation of an area to attainment under
section 107(d)(3)(E) of the Clean Air Act does not impose any new
requirements on small entities. Redesignation is an action that affects
the status of a geographical area and does not impose any new
regulatory requirements on sources. Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
[[Page 32192]]
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does 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
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). Redesignation is an action that merely affects the status of
a geographical area, and does not impose any new requirements on
sources, or allows a state to avoid adopting or implementing additional
requirements, and does not alter the relationship or distribution of
power and responsibilities established in the Clean Air Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal Standard.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Redesignation is an
action that affects the status of a geographical area but does not
impose any new requirements on sources. 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.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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 rule 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 13, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 force its requirements. (See Section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Volatile
organic compounds.
40 CFR Part 81
Air pollution control, Environmental protection, National parks,
Wilderness areas.
Dated: June 1, 2007.
Walter Kovalick, Jr.,
Acting Regional Administrator, Region 5.
0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations
are amended as follows:
PART 52--[AMENDED]
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 52.1885 is amended by adding paragraph (ff)(5) to read as
follows:
Sec. 52.1885 Control strategy: Ozone.
* * * * *
(ff) * * *
(5) Mahoning, Trumbull and Columbiana Counties, as submitted on
February 15, 2007. The maintenance plan establishes 2009 and 2018 motor
vehicle emission budgets for Mahoning, Trumbull and Columbiana
Counties. The 2009 motor vehicle emission budgets are 19.58 tons per
day for volatile organic compounds (VOC) and 33.71 tons per day for
oxides of nitrogen (NOX). For 2018 the budgets are 10.36
tons per day for VOC and 13.29 tons per day for NOX.
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 81.336 is amended by revising the entries for Youngstown-
Warren-Sharon, PA-OH: Columbiana, Mahoning, and Trumbull Counties in
the table entitled ``Ohio-Ozone (8-Hour Standard)'' to read as follows:
Sec. 81.336 Ohio.
* * * * *
[[Page 32193]]
Ohio--Ozone
[8-Hour Standard]
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Designation \a\ Classification
Designated area --------------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
Youngstown-Warren-Sharon, PA- June 12, 2007.....................
OH:
Columbiana County........ .................................. Attainment ........................... ...........................
Mahoning County.......... .................................. Attainment ........................... ...........................
Trumbull County.......... .................................. Attainment ........................... ...........................
* * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
[FR Doc. E7-11229 Filed 6-11-07; 8:45 am]
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