Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 53275 

MICHIGAN—PM2.5 (24-HOUR NAAQS)—Continued 

Designated area 

Designation for the 1997 NAAQSa Designation for the 2006 

NAAQSa

Date 1 Type Date 2 Type 

*******

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

2This date is 30 days after November 13, 2009, unless otherwise noted. 

* * * * * 

[FR Doc. 2013–21020 Filed 8–28–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2012–0212, EPA–R05– 

OAR–2012–0338; FRL–9900–28–Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Redesignation of the Ohio Portions of 

the Parkersburg-Marietta and Wheeling 

Areas to Attainment of the 1997 Annual 

Fine Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking several related 

actions under the Clean Air Act (CAA) 

affecting the state of Ohio and the Ohio 

portions of the Parkersburg-Marietta and 

Wheeling, West Virginia-Ohio areas for 

the 1997 annual fine particulate matter 

(PM2.5) national ambient air quality 

standard (NAAQS or standard). EPA is 

approving requests from the state of 

Ohio to redesignate the Ohio portions of 

the Parkersburg-Marietta and Wheeling 

areas to attainment of the 1997 annual 

PM2.5 standard. EPA is approving, as a 

revision to the Ohio state 

implementation plan (SIP), the state’s 

plans for maintaining the 1997 annual 

PM2.5 standard in those areas through 

2023. EPA is determining the 

insignificance of the motor vehicle 

emission budgets (MVEBs) for purposes 

of transportation conformity in those 

areas. EPA is approving the 

comprehensive inventories submitted 

by Ohio for the oxides of nitrogen 

(NOX), primary PM2.5, and sulfur 

dioxide (SO2), ammonia and volatile 

organic compounds (VOC) in the 

Parkersburg-Marietta area (Washington 

County), and in the Wheeling area 

(Belmont County) as meeting the 

requirements of the CAA. Finally, EPA 

is determining that the areas continue to 

maintain the 1997 annual PM2.5

standard based on certified 2009–2011 

air quality data. 

DATES: This final rule is effective August 

29, 2013. 

ADDRESSES: EPA has established dockets 

for this action: Docket ID Nos. EPA– 

R05–OAR–2012–0212 (ParkersburgMarietta) and EPA–R05–OAR–2012– 

0338 (Wheeling). All documents in the 

dockets 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 in 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 Anthony Maietta, 

Environmental Protection Specialist, at 

(312) 353–8777, before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Environmental 

Protection Specialist, Control Strategies 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8777, 

maietta.anthony@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

Table of Contents 

I. What is the background for the actions? 

II. What actions is EPA taking? 

III. Statutory and Executive Order Reviews 

I. What is the background for the 

actions? 

On December 2, 2011 (76 FR 75464), 

EPA issued a final determination that 

the Parkersburg-Marietta and Wheeling 

nonattainment areas were attaining the 

1997 annual PM2.5 standard. 

On February 29, 2012, Ohio submitted 

its request to redesignate the Ohio 

portion of Parkersburg-Marietta 

(Washington County) to attainment of 

the 1997 annual PM2.5 standard. On 

April 16, 2012, Ohio submitted its 

request to redesignate the Ohio portion 

of Wheeling (Belmont County) to 

attainment of the 1997 annual PM2.5

standard. These redesignation requests 

are based on 2008–2010 monitoring data 

showing attainment of the 1997 annual 

PM2.5 standard. 

On November 30, 2012 (77 FR 71383, 

77 FR 71371), EPA published notices 

proposing to approve Ohio’s requests to 

redesignate the Ohio portions of the 

Parkersburg-Marietta and Wheeling 

areas to attainment of the 1997 annual 

PM2.5 standard. These rulemaking 

notices also proposed to approve Ohio’s 

PM2.5 maintenance plan, 2005 NOX, 

SO2, and primary PM2.5 emission 

inventories for Washington and Belmont 

Counties, and proposed to determine 

the insignificance of the 2022 NOX and 

PM2.5 MVEBs for Washington and 

Belmont Counties. These rulemaking 

notices also proposed to determine that 

the Ohio portions of the ParkersburgMarietta and Wheeling areas continue to 

attain the 1997 PM2.5 annual standard 

based on certified 2009–2011 air quality 

data. For each proposed action, one 

supportive comment was received from 

the Ohio Utility Group, and no adverse 

comments were received. 

On April 30, 2013, Ohio provided 

ammonia and VOC emissions 

inventories to EPA to supplement the 

February 29, 2012, and April 16, 2012, 

requests for redesignation. 

On June 26, 2013 (78 FR 38256, 78 FR 

38247), EPA published supplemental 

notices proposing to determine that the 

Ohio portions of Parkersburg-Marietta 

and Wheeling continue to attain the 

1997 annual standard and have met the 

requirements for redesignation under 

section 107(d)(3)(E) of the CAA. EPA 

received one supportive comment from 

the Ohio Utility Group on the 

supplemental notice for the Ohio 

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53276 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 

portion of the Wheeling area, and 

received no adverse comments. 

II. What actions is EPA taking? 

After reviewing Ohio’s redesignation 

requests, EPA has determined that the 

requests meet the criteria set forth in 

section 107(d)(3)(E) of the CAA. 

Therefore, EPA is approving the 

redesignation of the Ohio portion of the 

Parkersburg-Marietta area (Washington 

County) and the Ohio portion of the 

Wheeling area (Belmont County) to 

attainment for the 1997 annual PM2.5

standard. EPA is also approving Ohio’s 

PM2.5 maintenance plans for these areas 

as a revision to the Ohio SIP based on 

Ohio’s demonstration that the plan 

meets the requirements of section 175A 

of the CAA. In addition, EPA is 

approving the 2005 NOX, SO2, and 

PM2.5 emission inventories and 2007/ 

2008 ammonia and VOC emission 

inventories for Washington and Belmont 

Counties as meeting the requirement for 

emission inventories contained in 

section 172(c)(3) of the CAA. EPA also 

finds the state’s 2022 NOX and PM2.5

MVEBs for Washington and Belmont 

Counties to be insignificant for purposes 

of transportation conformity. Finally, 

EPA is determining that the entire 

Parkersburg-Marietta and Wheeling 

areas continue to attain the 1997 annual 

PM2.5 standard based on certified 2009– 

2011 air quality data. 

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. 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 this 8-hour 

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. 

III. Statutory and 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, these actions 

merely do not impose additional 

requirements beyond those imposed by 

State law and the CAA. For that reason, 

these actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• are 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.); 

• do 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); 

• do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• are 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, 

• do 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 28, 2013. 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, Intergovernmental 

relations, Nitrogen oxides, Particulate 

matter, Sulfur dioxide, Ammonia, 

Volatile organic compounds. 

40 CFR Part 81 

Air pollution control, Environmental 

protection, National parks, Wilderness 

areas. 

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Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 53277 

Dated: August 12, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR parts 52 and 81 are amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 52.1880 is amended by 

adding paragraphs (p)(3), (p)(4), (q)(3) 

and (q)(4) to read as follows: 

§ 52.1880 Control strategy: Particulate 

matter. 

* * * * * 

(p) * * * 

(3) The Ohio portion of the 

Parkersburg-Marietta, WV-OH 

nonattainment area (Washington 

County), as submitted on February 29, 

2012, and supplemented on April 30, 

2013. The maintenance plan determines 

the insignificance of motor vehicle 

emissions budgets for Washington 

County. 

(4) The Ohio portion of the Wheeling, 

WV-OH nonattainment area (Belmont 

County), as submitted on April 16, 2012, 

and supplemented on April 30, 2013. 

The maintenance plan determines the 

insignificance of motor vehicle 

emissions budgets for Belmont County. 

(q) * * * 

(3) Ohio’s 2005 NOX, primary PM2.5, 

and SO2 and 2007/2008 ammonia and 

VOC emissions inventories satisfy the 

emission inventory requirements of 

section 172(c)(3) of the Clean Air Act for 

Washington County. 

(4) Ohio’s 2005 NOX, primary PM2.5, 

and SO2 and 2007/2008 ammonia and 

VOC emissions inventories satisfy the 

emission inventory requirements of 

section 172(c)(3) of the Clean Air Act for 

Belmont County. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 4. Section 81.336 is amended by 

revising the entries for ParkersburgMarietta, WV-OH and Wheeling, WVOH in the table entitled ‘‘Ohio—PM2.5

(Annual NAAQS)’’ to read as follows: 

§ 81.336 Ohio. 

* * * * * 

OHIO—PM2.5

[Annual NAAQS] 

Designated area 

Designation a

Date 1 Type 

*******

Parkersburg-Marietta, WV-OH: 

Washington County ............................................................................................................................................. 8/29/2013 Attainment. 

* * * * * * * 

Wheeling, WV-OH: 

Belmont County ................................................................................................................................................... 8/29/2013 Attainment. 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

* * * * * 

[FR Doc. 2013–20660 Filed 8–28–13; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL SCIENCE FOUNDATION 

45 CFR Part 612 

RIN 3145–AA56 

Availability of Records and Information 

AGENCY: National Science Foundation. 

ACTION: Final rule. 

SUMMARY: This document sets forth 

revisions of the Foundation’s 

regulations under the Freedom of 

Information Act (FOIA). The revisions 

implement the provision of the Open 

FOIA Act of 2009 which amended 

Exemption 3, update procedural 

provisions, and allow for multi-track 

processing of requests. 

DATES: The final rule will be effective 

September 30, 2013. 

FOR FURTHER INFORMATION CONTACT: D. 

Matthew Powell, Assistant General 

Counsel, Office of the General Counsel, 

National Science Foundation, telephone 

703–292–8060 or email mpowell@

nsf.gov. 

SUPPLEMENTARY INFORMATION: On May 

14, 2013 the National Science 

Foundation (NSF) published a proposed 

rule at 78 FR 28173 requesting public 

comment on proposed revisions to its 

existing FOIA regulations at 45 CFR part 

612. No comments were received. 

Accordingly, NSF is revising its FOIA 

regulations by adopting the revisions as 

proposed. This revision of Part 612 

implements the provision of the Open 

FOIA Act of 2009 which amends 

Exemption 3. It also updates and 

clarifies several procedural provisions 

concerning FOIA administration, 

reflects changes in case law, and 

includes revised current cost figures for 

calculating and charging fees. The 

duplication fee will be reduced. In 

addition, the Foundation will 

implement multi-track processing. 

Clarifications and procedural changes 

are found at § 612.1(b) (General 

Provisions); § 612.3(b) and (f) 

(Requirements for making requests); 

§ 612.5(a), (b), (c) and (d)(3) (Timing of 

responses to requests); § 612.6(a) 

(Responses to requests); § 612.7(a)(2), (3) 

and (5)(iii) (Exemptions); and 

§ 612.10(b)(3), and (c)(1) and (2) (Fees). 

For purposes of the Regulatory 

Flexibility Act (5 U.S.C. 601), the 

revised rule will not have a significant 

economic effect on a substantial number 

of small entities; the rule addresses the 

procedures to be followed when 

submitting or responding to requests for 

records under the Freedom of 

Information Act. For purposes of the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4) the revised rule would 

not significantly or uniquely affect small 

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