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[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Rules and Regulations]
[Pages 57273-57276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22623]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2012-0337 and EPA-R05-OAR-2012-0462; FRL-9900-79-Region 5]

Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Redesignation of the Steubenville-Weirton Area to Attainment of 
the 1997 Annual Standard and the 2006 24-Hour Standard for Fine 
Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is redesignating under the Clean Air Act (CAA) the Ohio 
portion of the Steubenville-Weirton area (Jefferson County, OH and 
Brooke and Hancock Counties, WV) to attainment for the 1997 annual and 
2006 24-hour national ambient air quality standards (NAAQS or standard) 
for fine particulate matter (PM2.5). On April 16, and May 
31, 2012, the Ohio Environmental Protection Agency (OEPA) submitted a 
request for EPA to redesignate the Steubenville-Weirton Ohio 
nonattainment area. EPA determined that the Steubenville-Weirton area 
has attained the 1997 annual and 2006 24-hour PM2.5 
standard, and proposed to approve Ohio's request to redesignate the 
area on July 11, 2013. EPA's final rulemaking involves several related 
actions. EPA is approving, as a revision to the Ohio state 
implementation plan (SIP), the state's plan for maintaining the 1997 
annual and 2006 24-hour PM2.5 NAAQS in the area through 
2025. EPA is making a finding of insignificance for Ohio's motor 
vehicle emissions of nitrogen oxides (NOX) and direct 
PM2.5 for the Steubenville-Weirton area for transportation 
conformity purposes. Therefore, as Ohio requested, EPA is redesignating 
the Ohio portion of the Steubenville-Weirton area to attainment for the 
1997 PM2.5 annual and 2006 24-hour standards.

DATES: This rule will be effective September 18, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification EPA-R05-OAR-2012-0337 and EPA-R05-OAR-2012-0462. All 
documents in these dockets are listed on the www.regulations.gov Web 
site. Although listed in the index, some information is not publicly 
available, e.g., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically in 
www.regulations.gov or in hard copy at the U.S. 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 Carolyn Persoon at (312) 353-
8290 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8290, persoon.carolyn@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:

I. What is the background for the actions?
II. What actions is EPA taking?
III. What is EPA's response to comments?
IV. Why is EPA taking these actions?
V. Final Action
VI. Statutory and Executive Order Reviews

I. What is the background for the actions?

    On April 16, and May 31, 2012, OEPA submitted a request for EPA to 
redesignate the Steubenville-Weirton nonattainment area to attainment 
for the 1997 annual and 2006 24-hour PM2.5 NAAQS, and for 
EPA approval of the state's SIP revision containing an emissions 
inventory and a maintenance plan for the area. On July 11, 2013, (78 FR 
41752), EPA proposed redesignation and proposed approval of Ohio's plan 
for maintaining the 1997 annual and 2006 24-hour PM2.5 
NAAQS. Finally, for transportation conformity purposes EPA is approving 
Ohio's determination that on-road emissions of PM2.5 and 
NOX are insignificant contributors to PM2.5 
concentrations in the area. Additional background for today's action is 
set forth in EPA's July 11, 2013, proposed rulemaking.

II. What actions is EPA taking?

    EPA has determined that the entire Steubenville-Weirton area is 
attaining the 1997 annual and 2006 24-hour PM2.5 standard 
(78 FR 41752) and that the Ohio portion of the area has met the 
requirements for redesignation under section 107(d)(3)(E) of the CAA. 
Thus, EPA is changing the legal designation of the Ohio portion of the 
Steubenville-Weirton area from nonattainment to attainment for the 1997 
annual and 2006 24-hour PM2.5 NAAQS. This action does not 
address the West Virginia portion of the Steubenville-Weirton area. EPA 
is also taking several additional actions related to Ohio's 
PM2.5 redesignation requests, as discussed below.
    EPA is approving Ohio's 1997 and 2006 PM2.5 maintenance 
plans for the Steubenville-Weirton area as revisions to the Ohio SIP 
(such approval being one of the CAA criteria for redesignation to 
attainment status). The maintenance plans are designed to keep the 
Steubenville-Weirton area in attainment of the 1997 annual and 2006 24-
hour PM2.5 NAAQS through 2025.
    EPA is also approving the 2005 and 2008 emission inventories for 
primary PM2.5,\1\ NOX, and sulfur dioxide 
(SO2),\2\ documented in Ohio's PM2.5 
redesignation request submittals. These emissions inventories satisfy 
the requirement in section 172(c)(3) of the CAA for a comprehensive, 
current emission inventory.
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    \1\ Fine particulates directly emitted by sources and not formed 
in a secondary manner through chemical reactions or other processes 
in the atmosphere.
    \2\ NOX and SO2 are precursors for fine 
particulates through chemical reactions and other related processes 
in the atmosphere.
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    Finally, EPA is approving Ohio's determination for transportation 
conformity purposes that on-road emissions of PM2.5 and 
NOX are insignificant contributors to PM2.5 
concentrations in the area.
    Further discussion of the basis for these actions was provided in 
the proposal on July 11, 2013 (78 FR 41752).

III. What is EPA's response to comments?

    EPA received no comments on its proposed rulemaking.

IV. Why is EPA taking these actions?

    EPA has determined that the Steubenville-Weirton area has continued 
to attain the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA 
has also determined that all other criteria have been met for the 
redesignation of the Ohio portion of the Steubenville-Weirton area from 
nonattainment to attainment of the 1997 annual and 2006 24-hour 
PM2.5 NAAQS and for approval of Ohio's maintenance plan for 
the area. See CAA sections 107(d)(3)(E) and 175A. The detailed 
rationale for EPA's findings and actions is set forth in the proposed 
rulemaking of July 11, 2013,

[[Page 57274]]

(78 FR 41752), and in this final rulemaking.

V. Final Action

    EPA has previously made the determination that the Steubenville-
Weirton area has attained the 1997 annual and 2006 24-hour 
PM2.5 standard (76 FR 56641; 77 FR 28264, respectively). EPA 
is determining that the area continues to attain the standards and that 
the Ohio portion of the area meets the requirements for redesignation 
to attainment of the standards under sections 107(d)(3)(E) and 175A of 
the CAA. Thus, EPA is changing the legal designation of the Ohio 
portion of the Steubenville-Weirton area from nonattainment to 
attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS. 
EPA is also approving Ohio's 1997 annual and 2006 24-hour 
PM2.5 maintenance plans for the Steubenville-Weirton area as 
a revision to the SIP because the plan meets the requirements of 
section 175A of the CAA. EPA is approving the 2005 and 2008 emissions 
inventories for primary PM2.5, NOX, and 
SO2, documented in Ohio's April 16, and May 31, 2012, 
submittals as satisfying the requirement in section 172(c)(3) of the 
CAA for a comprehensive, current emission inventory.
    Finally, EPA is approving Ohio's determination for transportation 
conformity purposes that on-road emissions of PM2.5 and 
NOX are insignificant contributors to PM2.5 
concentrations in the area.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this action 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 Ohio of various requirements 
for the Ohio portion of the Steubenville-Weirton area. For these 
reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for this action 
to become effective on the date of publication of this action.

VI. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application 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 Act 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 these reasons, these actions:
     Are not a ``significant regulatory action'' 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 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 final 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 Commonwealth, 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 November 18, 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter.

[[Page 57275]]

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: August 27, 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

0
1. The authority citation for part 52 continues to read as follows:

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

0
2. Section 52.1880 is amended by adding paragraphs (p)(5), (q)(5), (s), 
and (t) to read as follows:

Sec.  52.1880  Control strategy: Particulate matter.

* * * * *
    (p) * * *
    (5) The Ohio portion of the Steubenville-Weirton nonattainment area 
(Jefferson County). The maintenance plan establishes a determination of 
insignificance for both NOX and primary PM2.5 for 
conformity purposes.
    (q) * * *
    (5) Ohio's 2005 and 2008 NOX, directly emitted 
PM2.5, SO2, VOC, and ammonia emissions inventory 
satisfies the emission inventory requirements of section 172(c)(3) for 
the Steubenville-Weirton area.
* * * * *
    (s) Approval--The 2006 24-hour PM2.5 maintenance plans 
for the following areas have been approved:
    (1) The Ohio portion of the Steubenville-Weirton nonattainment area 
(Jefferson County). The maintenance plan establishes a determination of 
insignificance for both NOX and primary PM2.5 for 
conformity purposes.
    (t) Approval--The 2006 24-hour PM2.5 comprehensive 
emissions inventories for the following areas have been approved:
    (1) Ohio's 2005 and 2008 NOX, directly emitted 
PM2.5, SO2, VOC, and ammonia emissions inventory 
satisfies the emission inventory requirements of section 172(c)(3) for 
the Steubenville-Weirton area.

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 Steubenville-
Weirton, OH-WV in the tables entitled ``Ohio--PM2.5 (Annual 
NAAQS)'' and ``Ohio--PM2.5 (24-Hour NAAQS)'' to read as 
follows:

Sec.  81.336  Ohio.

* * * * *

                                                   Ohio--PM2.5
                                                 [Annual NAAQS]
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                                                                         Designation \a\
                Designated area                 ----------------------------------------------------------------
                                                     Date \1\                           Type
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                                                  * * * * * * *
Steubenville-Weirton, OH-WV:
    Jefferson County...........................         9/18/2013  Attainment.
 
                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

* * * * *

                                                                       Ohio--PM2.5
                                                                     [24-Hour NAAQS]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Designation for the 1997 NAAQS \a\                      Designation for the 2006 NAAQS \a\
             Designated area              --------------------------------------------------------------------------------------------------------------
                                              Date \1\                          Type                          Date \2\                  Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Steubenville-Weirton, OH-WV:
    Jefferson County.....................  ..............  Unclassifiable/Attainment.....................       9/18/2013  Attainment.
 
                                                                      * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.

[[Page 57276]]

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[FR Doc. 2013-22623 Filed 9-17-13; 8:45 am]
BILLING CODE 6560-50-P
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