[Federal Register Volume 72, Number 94 (Wednesday, May 16, 2007)]
[Rules and Regulations]
[Pages 27652-27654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2335]
[[Page 27651]]
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Part V
Environmental Protection Agency
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40 CFR Parts 52 and 81
Determination of Attainment, Approval and Promulgation of
Implementation Plans and Designation of Areas for Air Quality Planning
Purposes; Ohio; Redesignation of Washington County to Attainment of the
8-Hour Ozone Standard; Final Rule
Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules
and Regulations
[[Page 27652]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 81
[EPA-R05-OAR-2006-0892; FRL-8313-1]
Determination of Attainment, Approval and Promulgation of
Implementation Plans and Designation of Areas for Air Quality Planning
Purposes; Ohio; Redesignation of Washington County to Attainment of the
8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On September 22, 2006, the Ohio Environmental Protection
Agency (Ohio EPA) submitted a request to redesignate Washington County
(the Ohio Portion of the Parkersburg-Marietta, West Virginia-Ohio (WV-
OH) bi-state ozone nonattainment area) to attainment of the 8-hour
ozone National Ambient Air Quality Standard (NAAQS). Additional
information was submitted on November 17, 2006. In these submittals,
Ohio EPA also requested EPA approval of an Ohio State Implementation
Plan (SIP) revision containing a 12-year maintenance plan for the
County. EPA is making a determination that the Parkersburg-Marietta
(WV-OH) 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 2003-2005 ozone seasons
that demonstrate that the 8-hour ozone NAAQS has been attained. Quality
assured monitoring data for 2006 shows that the area continues to
attain the standard. EPA is approving, as a SIP revision, the State's
maintenance plan for Washington County. As a result, Ohio has satisfied
the criteria for redesignation of Washington County 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 year 2018 that are contained in the 8-
hour ozone maintenance plan.
DATES: This final rule is effective on June 15, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2006-0892. 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
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 Steve Marquardt,
Environmental Engineer, at (312) 353-3214 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Steve Marquardt, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-3214,
[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
Washington County, Ohio as part of the Parkersburg-Marietta WV-OH
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 September 22, 2006, Ohio EPA submitted a request for
redesignation of Washington County, Ohio to attainment for the 8-hour
ozone standard. Additional supporting information was also submitted on
November 17, 2006. The redesignation request included three years of
complete, quality-assured data for the period of 2003 through 2005,
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
January 17, 2007, proposed rule (72 FR 1956) provides a discussion of
how the State of Ohio met these requirements for the area.
II. What Comments Did We Receive on the Proposed Action?
EPA provided a 30-day review and comment period on the January 17,
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). EPA issued a
supplemental proposed rulemaking that set forth its views on the
potential effect of the Court's ruling on these and other proposed
redesignation actions. 72 FR 13452 (March 22, 2007). EPA proposed to
find that the Court's ruling does not alter any requirements relevant
to the proposed redesignations that would prevent EPA from finalizing
these redesignations, for the reasons fully explained in the
supplemental notice. The public comment period on this supplemental
proposed rulemaking closed on April 6, 2007. EPA received six comments,
all supporting EPA's supplemental proposed rulemaking, and supporting
redesignation of the affected areas. EPA recognizes the support
provided in these comments and does not find that any specific response
is necessary with respect to these supportive comments. Accordingly,
EPA is proceeding with redesignation of these areas as proposed.
III. What Are Our Final Actions?
EPA is taking several related actions. EPA is making a
determination that the Parkersburg-Marietta, WV-OH nonattainment area
has attained the 8-hour ozone standard. EPA is approving Ohio's
maintenance plan SIP revision for Washington County (such approval
being one of the CAA criteria for redesignation to attainment status).
The maintenance plan is designed, in conjunction with the maintenance
plan developed by West Virginia, to keep the
[[Page 27653]]
Parkersburg-Marietta WV-OH 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
Washington County 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 2018 volatile organic compound
(VOC) and oxides of nitrogen (NOX) MVEBs for transportation
conformity purposes. The 2018 MVEBs for Washington County, Ohio are
1.67 tons per day for VOC and 1.76 tons per day for NOX.
West Virginia develops MVEBs for its portion of the area.
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.).
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 as 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 Untied 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 July 16, 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
Environmental protection, Air pollution control, National parks,
Wilderness areas.
[[Page 27654]]
Dated: May 2, 2006.
Margaret Guerriero,
Acting Regional Administrator, Region 5.
0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations
is 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
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2. Section 52.1885 is amended by adding paragraph (ff) (4) to read as
follows:
Sec. 52.1885 Control strategy: Ozone.
* * * * *
(ff) * * *
(4) Washington County, as submitted on September 22, 2006, and
supplemented on November 17, 2006. The maintenance plan establishes
2018 motor vehicle emission budgets for Washington county of 1.67 tons
per day for volatile organic compounds and 1.76 tons per day for oxides
of nitrogen.
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401et seq.
0
2. Section 81.336 is amended by revising the entry for Parkersburg-
Marietta, WV-OH: Washington county in the table entitled ``Ohio Ozone
(8-Hour Standard)'' to read as follows:
Sec. 81.336 Ohio.
* * * * *
Ohio Ozone (8-Hour Standard)
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Designation \a\ Classification
Designated area ----------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
Parkersburg-Marietta, WV-OH: 6/15/07.............................. Attainment.
Washington County.
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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. 07-2335 Filed 5-15-07; 8:45 am]
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