Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 48857 

The Treasury Department is currently 

withholding payments to persons 

residing in the following countries 

pursuant to Vol. II, 31 U.S.C. 3329. We 

will publish future additions to or 

deletions from the list of countries in 

the Federal Register: Cuba, North Korea. 

* * * * * 

[FR Doc. E9–22883 Filed 9–24–09; 8:45 am] 

BILLING CODE 4191–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0368; FRL–8950–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Clean Air Interstate Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a revision to 

the Ohio State Implementation Plan 

(SIP) that would address the 

requirements of EPA’s Clean Air 

Interstate Rule (CAIR). EPA previously 

approved an ‘‘abbreviated SIP’’ for Ohio, 

primarily consisting of rules governing 

allocation of allowances to electric 

generating units (EGUs) for use in the 

trading programs established pursuant 

to CAIR and providing for voluntary 

opt-in to these programs. The 

abbreviated SIP was implemented in 

conjunction with a Federal 

Implementation Plan (FIP) that specified 

requirements for emissions monitoring, 

permit provisions, and other elements of 

the CAIR programs. EPA is now 

approving the addition of non-EGUs to 

the CAIR Nitrogen Oxides (NOX) Ozone 

Season Trading Program, and EPA is 

issuing a ‘‘full SIP’’ approval under 

which the various CAIR implementation 

provisions would be governed by State 

rules rather than FIP rules. This 

rulemaking addresses rules Ohio 

submitted on July 15, 2009, and August 

13, 2009. This action also causes the 

CAIR Federal Implementation Plans 

(CAIR FIPs) concerning sulfur dioxides 

(SO2), NOX annual, and NOX ozone 

season emissions by Ohio sources to be 

automatically withdrawn. 

DATES: This direct final rule will be 

effective November 24, 2009, unless 

EPA receives adverse comments by 

October 26, 2009. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R05–OAR–2009–0368 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0368. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through http://www.regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters and any 

form of encryption and should be free 

of any defects or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

and Radiation Division, U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, IL 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 John Summerhays, 

Environmental Scientist, at (312) 886– 

6067, before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: John 

Summerhays, (312) 886–6067, or by 

e-mail at summerhays.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What Action Is EPA Taking? 

II. What Is the Regulatory History of CAIR 

and the CAIR FIPs? 

III. What Are the General Requirements of 

CAIR and the CAIR FIPs? 

IV. What Are the Types of CAIR SIP 

Submittals? 

V. History of Ohio’s CAIR Submittals 

VI. Analysis of Ohio’s CAIR SIP Submittal 

A. Elements of Ohio’s Submittal 

B. State Budgets for Allowance Allocations 

C. CAIR Cap-and-Trade Programs 

D. Applicability Provisions 

E. NOX Allowance Allocations 

F. Allocation of NOX Allowances From 

Compliance Supplement Pool 

G. Individual Opt-In Units 

VII. Final Action 

VIII. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

EPA is approving a ‘‘full SIP’’ revision 

addressing CAIR in Ohio. In this action, 

EPA is approving the entire set of rules 

in Ohio Administrative Code (OAC) 

Chapter 3745–109, entitled ‘‘Clean Air 

Interstate Rule.’’ Ohio submitted these 

rules in two parts: A submittal dated 

July 15, 2009, provided rules that were 

to become effective July 16, 2009, and 

a submittal dated August 13, 2009, 

provided rules that had become 

effective on September 27, 2007. 

On February 1, 2008, at 73 FR 6034, 

EPA approved an ‘‘abbreviated SIP,’’ 

primarily consisting of rules governing 

allocation of NOX allowances to EGUs 

for use in the trading programs 

established pursuant to CAIR and rules 


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allowing sources to opt into the CAIR 

programs. The abbreviated SIP was 

implemented in conjunction with a FIP 

that specified requirements for 

emissions monitoring, permit 

provisions, and other elements of the 

CAIR programs. EPA is now approving 

the addition of non-EGUs to the CAIR 

NOX Ozone Season Trading Program, 

and EPA is issuing ‘‘full SIP’’ approval 

under which the various CAIR 

implementation provisions will be 

governed by State rules rather than FIP 

rules. EPA finds that Ohio’s rules meet 

the applicable CAIR requirements by 

requiring certain EGUs to participate in 

the EPA-administered CAIR cap-andtrade programs addressing SO2, NOX

annual, and NOX ozone season 

emissions, and by requiring certain nonEGUs to participate in the program for 

NOX ozone season emissions. 

II. What Is the Regulatory History of 

CAIR and the CAIR FIPs? 

EPA published CAIR on May 12, 2005 

(70 FR 25162). In adopting this rule, 

EPA determined that 28 States and the 

District of Columbia contribute 

significantly to nonattainment and 

interfere with maintenance of the 

NAAQS for fine particles (PM2.5) and/or 

8-hour ozone in downwind States in the 

eastern part of the country. As a result, 

EPA required those upwind States to 

revise their SIPs to include control 

measures that reduce emissions of SO2, 

which is a precursor to PM2.5 formation, 

and/or NOX, which is a precursor to 

both ozone and PM2.5 formation. For 

jurisdictions that contribute 

significantly to downwind PM2.5

nonattainment, CAIR sets annual Statewide emission reduction requirements 

(i.e., budgets) for SO2 and annual Statewide emission reduction requirements 

for NOX. Similarly, for jurisdictions that 

contribute significantly to 8-hour ozone 

nonattainment, CAIR sets State-wide 

emission reduction requirements or 

budgets for NOX for the ozone season 

(May 1st to September 30th). Under 

CAIR, States may implement these 

reduction requirements by participating 

in the EPA-administered cap-and-trade 

programs or by adopting any other 

control measures. 

CAIR explains to subject States what 

must be included in SIPs to address the 

requirements of section 110(a)(2)(D) of 

the Clean Air Act with regard to 

interstate transport with respect to the 

8-hour ozone and PM2.5 NAAQS. EPA 

made national findings, effective on 

May 25, 2005, that the States had failed 

to submit SIPs meeting the requirements 

of section 110(a)(2)(D). The SIPs were 

due in July 2000, 3 years after the 

promulgation of the 8-hour ozone and 

PM2.5 NAAQS. These findings started a 

2-year clock for EPA to promulgate a FIP 

to address the requirements of section 

110(a)(2)(D). Under Clean Air Act 

section 110(c)(1), EPA may issue a FIP 

anytime after such findings are made, 

and must do so within two years unless 

a SIP revision correcting the deficiency 

is approved by EPA before the FIP is 

promulgated. 

On April 28, 2006, EPA promulgated 

FIPs for all States covered by CAIR in 

order to ensure the emissions reductions 

required by CAIR are achieved on 

schedule. The CAIR FIPs require EGUs 

to participate in the EPA-administered 

CAIR trading programs for SO2, NOX

annual, and NOX ozone emissions, as 

appropriate. These CAIR FIP trading 

programs impose essentially the same 

requirements as, and are integrated 

with, the respective CAIR SIP trading 

programs. The integration of the FIP and 

SIP trading programs means that these 

trading programs will work together to 

create effectively a single trading 

program for each regulated pollutant 

(SO2, NOX annual, and NOX ozone 

season) in all States covered by the 

CAIR FIP or SIP trading program for that 

pollutant. Further, as provided in a rule 

published by EPA on November 2, 2007, 

at 72 FR 59190, a State’s CAIR FIPs are 

automatically withdrawn when EPA 

approves a SIP revision, in its entirety 

and without any conditions, as fully 

meeting the requirements of CAIR. 

Where only portions of the SIP revision 

are approved, the corresponding 

portions of the FIPs are automatically 

withdrawn and the remaining portions 

of the FIP stay in place. Finally, the 

CAIR FIPs also allow States to submit 

abbreviated SIP revisions that, if 

approved by EPA, will automatically 

replace or supplement certain CAIR FIP 

provisions (e.g., the methodology for 

allocating NOX allowances to sources in 

the State), while the CAIR FIP remains 

in place for all other provisions. 

On April 28, 2006, EPA published 

two additional CAIR-related final rules 

that added the States of Delaware and 

New Jersey to the list of States subject 

to CAIR for PM2.5 and announced EPA’s 

final decisions on reconsideration of 

five issues, without making any 

substantive changes to the CAIR 

requirements. 

On October 19, 2007, at 72 FR 59190, 

EPA amended CAIR and the CAIR FIPs 

to clarify the definition of ‘‘cogeneration 

unit’’ and thus the applicability of the 

CAIR trading program to cogeneration 

units. Ohio has amended its rules to 

incorporate a clarified definition, a 

change that EPA is approving in this 

action. 

EPA was sued by a number of parties 

on various aspects of CAIR, and on July 

11, 2008, the U.S. Court of Appeals for 

the District of Columbia Circuit issued 

its decision to vacate and remand both 

CAIR and the associated CAIR FIPs in 

their entirety. North Carolina v. EPA, 

531 F.3d 836 (DC Cir. Jul. 11, 2008). 

However, in response to EPA’s petition 

for rehearing, the Court issued an order 

remanding CAIR to EPA without 

vacating either CAIR or the CAIR FIPs. 

North Carolina v. EPA, 550 F.3d 1176 

(DC Cir. Dec. 23, 2008). The Court 

thereby left CAIR in place in order to 

‘‘temporarily preserve the 

environmental values covered by CAIR’’ 

until EPA replaces it with a rule 

consistent with the Court’s opinion. Id. 

at 1178. The Court directed EPA to 

‘‘remedy CAIR’s flaws’’ consistent with 

its July 11, 2008 opinion, but declined 

to impose a schedule on EPA for 

completing that action. Id. Therefore, 

CAIR and the CAIR FIP are currently in 

effect in Ohio. 

III. What Are the General Requirements 

of CAIR and the CAIR FIPs? 

CAIR establishes State-wide emission 

budgets for SO2 and NOX and is to be 

implemented in two phases. The first 

phase of NOX reductions starts in 2009 

and continues through 2014, while the 

first phase of SO2 reductions starts in 

2010 and continues through 2014. The 

second phase of reductions for both 

NOX and SO2 starts in 2015 and 

continues thereafter. CAIR requires 

States to implement the budgets by 

either: (1) Requiring EGUs to participate 

in the EPA-administered cap-and-trade 

programs; or (2) adopting other control 

measures of the State’s choosing and 

demonstrating that such control 

measures will result in compliance with 

the applicable State SO2 and NOX

budgets. 

The May 12, 2005, and April 28, 2006, 

CAIR rules provide model rules that 

States must adopt (with certain limited 

changes, if desired) if they want to 

participate in the EPA-administered 

trading programs. With two exceptions, 

only States that choose to meet the 

requirements of CAIR through methods 

that exclusively regulate EGUs are 

allowed to participate in the EPAadministered trading programs. One 

exception is for States that adopt the 

opt-in provisions of the model rules to 

allow non-EGUs individually to opt into 

the EPA-administered trading programs. 

The other exception is for States that 

include all non-EGUs from their NOX

SIP Call trading programs in the CAIR 

NOX Ozone Season Trading Program. 


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IV. What Are the Types of CAIR SIP 

Submittals? 

States have the flexibility to choose 

the type of control measures they will 

use to meet the requirements of CAIR. 

As EPA anticipated, most States have 

chosen to meet the CAIR requirements 

by selecting an option that requires 

EGUs to participate in the EPAadministered CAIR cap-and-trade 

programs. For such States, EPA has 

provided two approaches for submitting 

and obtaining approval for CAIR SIP 

revisions. States may submit full SIP 

revisions that adopt the model CAIR 

cap-and-trade rules. If approved, these 

SIP revisions will fully replace the CAIR 

FIPs. Alternatively, States may submit 

abbreviated SIP revisions. These SIP 

revisions will not replace the CAIR FIPs; 

however, the CAIR FIPs provide that, 

when approved, the provisions in these 

abbreviated SIP revisions will be used 

instead of or in conjunction with, as 

appropriate, the corresponding 

provisions of the CAIR FIPs (e.g., the 

NOX allowance allocation 

methodology). 

A State submitting a full SIP revision 

may either adopt regulations that are 

substantively identical to the model 

rules or incorporate by reference the 

model rules. CAIR provides that States 

may only make limited changes to the 

model rules if the States want to 

participate in the EPA-administered 

trading programs. A full SIP revision 

may change the model rules only by 

altering their applicability and 

allowance allocation provisions to: 

1. Include all NOX SIP Call trading 

sources that are not EGUs under CAIR 

in the CAIR NOX Ozone Season Trading 

Program; 

2. Provide for State allocation of NOX

annual or ozone season allowances 

using a methodology chosen by the 

State; 

3. Provide for State allocation of NOX

annual allowances from the compliance 

supplement pool (CSP) using the State’s 

choice of allowed, alternative 

methodologies; or 

4. Allow units that are not otherwise 

CAIR units to opt individually into the 

CAIR SO2, NOX Annual, or NOX Ozone 

Season Trading Programs under the optin provisions in the model rules. An 

approved CAIR full SIP revision 

addressing EGUs’ SO2, NOX annual, or 

NOX ozone season emissions will 

replace the CAIR FIP for that State for 

the respective EGU emissions. As 

discussed above, EPA approval in full, 

without any conditions, of a CAIR full 

SIP revision causes the CAIR FIPs to be 

automatically withdrawn. 

V. History of Ohio CAIR Submittals 

Ohio’s initial response to CAIR was a 

submittal, dated April 17, 2007, 

providing draft rules. These rules were 

intended to constitute a full SIP 

submittal, addressing the requirements 

under CAIR without reliance on the 

CAIR FIPs. However, in its next 

submittal, dated September 26, 2007, 

Ohio acknowledged ongoing 

discussions with EPA regarding selected 

portions of the rules. In this submittal, 

Ohio requested abbreviated SIP 

approval, in order to expedite Ohio’s 

participation in the CAIR trading 

programs, but Ohio also reiterated its 

desire for full SIP approval once it had 

completed rule revisions addressing 

EPA’s concerns. 

Rulemaking on a full SIP submittal 

involves a broader range of issues than 

rulemaking on an abbreviated SIP 

submittal. EPA wished to expedite 

action on Ohio’s NOx allowance 

allocation and its rules allowing sources 

voluntarily to opt into the trading 

programs. Therefore, as requested by 

Ohio, EPA took action on the 

abbreviated SIP portion of Ohio’s 

submittal and did not act on other Ohio 

CAIR rules. EPA proposed direct final 

approval of these abbreviated SIP 

portions of Ohio’s rules on October 16, 

2007 (72 FR 58546), withdrew that 

action on December 5, 2007 (72 FR 

68515), following receipt of a comment, 

and took final action on these rules on 

February 1, 2008 (73 FR 6034). 

Ohio and EPA continued to discuss 

Ohio’s rules, leading Ohio to propose 

various rule revisions. These revisions 

amended Ohio’s applicability 

provisions consistent with EPA’s 

revised definition of cogeneration units, 

to help make Ohio’s applicability 

provisions for non-EGUs consistent with 

EPA guidance. Additional revisions 

corrected rule references. However, 

before Ohio could adopt and submit 

these rule revisions, the Court of 

Appeals for the District of Columbia 

Circuit issued its opinion concluding 

that CAIR should be vacated. This 

opinion led Ohio to suspend rulemaking 

on its CAIR-related rules. Then, 

following the Court’s issuance, on 

December 23, 2008, of its order 

remanding but not vacating CAIR, Ohio 

resumed work on these rule revisions. 

Ohio proposed revised rules, which it 

submitted to EPA on May 11, 2009. 

Ohio held a public hearing on its 

proposed rules on June 2, 2009, and 

submitted final revised rules on July 15, 

2009. 

Ohio’s CAIR rules, in Ohio 

Administrative Code (OAC) Chapter 

3745–109, include rules from OAC 

3745–109–01 to 3745–109–21. Thirteen 

of these rules reflect revisions that 

became effective on July 16, 2009; Ohio 

submitted these rules on July 15, 2009. 

The other eight rules, although effective 

on September 27, 2007, were not 

included in either Ohio’s September 26, 

2007, submittal or its July 15, 2009, 

submittal; these rules were submitted on 

August 13, 2009. Ohio’s August 13, 

2009, submittal also reaffirms Ohio’s 

request for full SIP approval. 

VI. Analysis of Ohio’s CAIR SIP 

Submittal 

A. Elements of Ohio’s Submittal 

The rulemaking that EPA completed 

on February 1, 2008 (73 FR 6034), 

granting abbreviated SIP approval, 

addressed only six of Ohio’s CAIR rules. 

EPA is today acting on Ohio’s full set of 

rules, constituting a full SIP that will 

supersede the FIPs that are currently in 

effect in Ohio. Although some rules 

approved on February 1, 2008, have not 

changed, and thus arguably need not be 

approved again, EPA is acting again on 

these rules in conjunction with the 

remainder of Ohio’s CAIR rules for 

purposes of clarity and administrative 

convenience. The following list 

identifies the rules that EPA is 

addressing today and the applicable 

submittal date: 

3745–109–01 CAIR NOX annual, CAIR 

SO2 and CAIR NOX ozone season 

trading programs definitions and 

general provisions—submitted July 

15, 2009. 

3745–109–02 CAIR designated 

representative for CAIR NOX

sources—submitted August 13, 

2009. 

3745–109–03 Permits—submitted 

August 13, 2009. 

3745–109–04 CAIR NOX allowance 

allocations—submitted July 15, 

2009. 

3745–109–05 CAIR NOX allowance 

tracking system—submitted August 

13, 2009. 

3745–109–06 CAIR NOX allowance 

transfers—submitted August 13, 

2009. 

3745–109–07 Monitoring and 

Reporting—submitted July 15, 2009. 

3745–109–08 CAIR NOX opt-in units— 

submitted July 15, 2009. 

3745–109–09 CAIR designated 

representative for CAIR SO2

sources—submitted August 13, 

2009. 

3745–109–10 Permits—submitted 

August 13, 2009. 

3745–109–11 CAIR SO2 allowance 

tracking system—submitted July 15, 

2009. 

3745–109–12 CAIR SO2 allowance 

transfers—submitted July 15, 2009. 


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1The Court also determined that the CAIR trading 

programs were unlawful (id. at 921–23). For the 

same reasons that EPA is approving the provisions 

of Ohio’s SIP revision that use the SO2 and NOX

budgets set in CAIR, EPA is also approving as 

discussed below, Ohio’s SIP revision to the extent 

the SIP revision adopts the CAIR trading programs, 

including the provisions addressing applicability, 

allowance allocations, and use of title IV 

allowances. 

3745–109–13 Monitoring and 

reporting—submitted July 15, 2009. 

3745–109–14 CAIR SO2 opt-in units— 

submitted July 15, 2009. 

3745–109–15 CAIR designated 

representative for CAIR NOX ozone 

season sources—submitted August 

13, 2009. 

3745–109–16 Permits—submitted 

August 13, 2009. 

3745–109–17 CAIR NOX ozone season 

allowance allocations—submitted 

July 15, 2009. 

3745–109–18 CAIR NOX ozone season 

allowance tracking system— 

submitted July 15, 2009. 

3745–109–19 CAIR NOX ozone season 

allowance transfers—submitted July 

15, 2009. 

3745–109–20 Monitoring and 

reporting—submitted July 15, 2009. 

3745–109–21 CAIR NOX ozone season 

opt-in units—submitted July 15, 

2009. 

In order to provide an orderly 

transition from the NOX Budget Trading 

Program to the CAIR NOX Ozone Season 

Trading Program, EPA requires States to 

adopt rules clarifying that the rules of 

the NOX Budget Trading Program 

(adopted to address the NOX SIP Call) 

are no longer in effect. However, 

approval of such transition provisions is 

not a prerequisite for approval of Ohio’s 

CAIR rules. Ohio is taking separate 

action to propose rule revisions to 

clarify that its rules for the NOX Budget 

Trading Program are no longer in effect, 

for as long as EPA is instead 

implementing the CAIR NOX Ozone 

Season Trading Program. EPA is not 

acting today on such rules and will 

conduct separate rulemaking on Ohio’s 

transition rules at such time as Ohio 

adopts and submits the rules. 

B. State Budgets for Allowance 

Allocations 

The CAIR NOX annual and ozone 

season budgets were developed from 

historical heat input data for EGUs. 

Using these data, EPA calculated annual 

and ozone season regional heat input 

values, which were multiplied by 0.15 

lb/mmBtu, for phase 1, and 0.125 

lb/mmBtu, for phase 2, to obtain 

regional NOX budgets for 2009–2014 

and for 2015 and thereafter, 

respectively. EPA derived the State NOX

annual and ozone season budgets from 

the regional budgets using State heat 

input data adjusted by fuel factors. 

The CAIR State SO2 budgets were 

derived by discounting the tonnage of 

emissions authorized by annual 

allowance allocations under the Acid 

Rain Program under title IV of the Clean 

Air Act. Under CAIR, each allowance 

allocated in the Acid Rain Program for 

the years in phase 1 of CAIR (2010 

through 2014) authorizes 0.5 ton of SO2

emissions in the CAIR trading program, 

and each Acid Rain Program allowance 

allocated for the years in phase 2 of 

CAIR (2015 and thereafter) authorizes 

0.35 ton of SO2 emissions in the CAIR 

trading program. 

In today’s action, EPA is approving 

Ohio’s SIP revision that adopts the 

budgets established for the State in 

CAIR. These annual emission budgets 

are: For NOX annual emissions, 108,667 

tons from 2009 through 2014, and 

90,556 tons in 2015 and thereafter; for 

NOX ozone season emissions, 45,664 

tons from 2009 through 2014, and 

39,945 tons in 2015 and thereafter; and, 

for SO2 annual emissions, 333,520 tons 

from 2009 through 2014, and 233,464 

tons in 2015 and thereafter. 

Additionally, the CAIR NOX ozone 

season budget will be increased 

annually by 4,030 tons to account for 

NOX SIP Call trading sources that are 

not EGUs under CAIR but are included 

in the CAIR NOX Ozone Season Trading 

Program. Ohio’s SIP revision sets these 

budgets as the total amounts of 

allowances available for allocation for 

each year under the EPA-administered 

cap-and-trade programs. 

In North Carolina, 531 F.3d at 916–21, 

the Court determined, among other 

things, that the State SO2 and NOX

budgets established in CAIR were 

arbitrary and capricious.1 However, as 

discussed above, the Court also decided 

to remand CAIR but to leave the rule in 

place in order to ‘‘temporarily preserve 

the environmental values covered by 

CAIR’’ pending EPA’s development and 

promulgation of a replacement rule that 

remedies CAIR’s flaws. North Carolina, 

550 F.3d at 1178. EPA had indicated to 

the Court that development and 

promulgation of a replacement rule 

would take about two years. Reply in 

Support of Petition for Rehearing or 

Rehearing en Banc at 5 (filed Nov. 17, 

2008 in North Carolina v. EPA, Case No. 

05–1224, DC Cir.). The process at EPA 

of developing a proposal that will 

undergo notice and comment and result 

in a final replacement rule is ongoing. 

In the meantime, consistent with the 

Court’s orders, EPA is implementing 

CAIR by approving State SIP revisions 

that are consistent with CAIR (such as 

the provisions setting State SO2 and 

NOX budgets for the CAIR trading 

programs) in order to ‘‘temporarily 

preserve’’ the environmental benefits 

achievable under the CAIR trading 

programs. 

C. CAIR Cap-and-Trade Programs 

The CAIR NOX annual and ozone 

season model trading rules both largely 

mirror the structure of the NOX SIP Call 

model trading rule in 40 CFR Part 96, 

subparts A through I. While the 

provisions of the NOX annual and ozone 

season model rules are similar, there are 

some differences. For example, the NOX

annual model rule (but not the NOX

ozone season model rule) provides for a 

CSP, which is discussed below and 

under which allowances may be 

awarded for early reductions of NOX

annual emissions. As a further example, 

the NOX ozone season model rule 

reflects the fact that the CAIR NOX

Ozone Season Trading Program replaces 

the NOX SIP Call trading program after 

the 2008 ozone season and is 

coordinated with the NOX SIP Call 

program. The NOX ozone season model 

rule provides incentives for early 

emissions reductions by allowing 

banked, pre-2009 NOX SIP Call 

allowances to be used for compliance in 

the CAIR NOX ozone season trading 

program. In addition, States have the 

option of continuing to meet their NOX

SIP Call requirements by participating 

in the CAIR NOX ozone season trading 

program and including all their NOX SIP 

Call trading sources in that program. 

The provisions of the CAIR SO2

model rule are also similar to the 

provisions of the NOX annual and ozone 

season model rules. However, since 

Clean Air Act title IV establishes an 

ongoing Acid Rain cap-and-trade 

program for SO2 and not for NOX, the 

model rule for SO2 must additionally be 

coordinated with the Acid Rain 

program. The SO2 model rule uses the 

title IV allowances for compliance, with 

each allowance allocated for 2010–2014 

authorizing only 0.50 ton of emissions 

and each allowance allocated for 2015 

and thereafter authorizing only 0.35 ton 

of emissions. Banked title IV allowances 

allocated for years before 2010 can be 

used at any time in the CAIR SO2 capand-trade program, with each such 

allowance authorizing 1 ton of 

emissions. Title IV allowances are to be 

freely transferable among sources 

covered by the Acid Rain Program and 

sources covered by the CAIR SO2 capand-trade program. 

EPA used the CAIR model trading 

rules as the basis for the trading 

programs in the CAIR FIPs. The CAIR 

FIP trading rules are virtually identical 

to the CAIR model trading rules, with 


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Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 48861 

changes made to account for Federal 

rather than State implementation. The 

CAIR model SO2, NOX annual, and NOX

ozone season trading rules and the 

respective CAIR FIP trading rules are 

designed to work together as integrated 

SO2, NOX annual, and NOX ozone 

season trading programs. 

In the SIP revision EPA is approving, 

Ohio chooses to implement its CAIR 

budgets by requiring EGUs to participate 

in EPA-administered cap-and-trade 

programs for SO2, NOX annual, and NOX

ozone season emissions. Ohio has 

adopted State rules for a ‘‘full SIP’’ 

revision that adopts, with certain 

allowed changes discussed below, the 

CAIR model cap-and-trade rules for SO2, 

NOX annual, and NOX ozone season 

emissions. Finally, Ohio’s rules provide 

that non-EGUs that were required to 

participate in the NOX Budget Trading 

Program must participate in the CAIR 

NOX Ozone Season Trading Program. 

D. Applicability Provisions 

In general, the CAIR model trading 

rules apply to any stationary, fossil-fuelfired boiler or stationary, fossil-fuelfired combustion turbine serving at any 

time, since the later of November 15, 

1990, or the start-up of the unit’s 

combustion chamber, a generator with 

nameplate capacity of more than 25 

megawatts producing electricity for sale. 

States have the option of bringing in, 

for the CAIR NOX ozone season program 

only, those units in the State’s NOX SIP 

Call trading program that are not EGUs 

as defined under CAIR. EPA advises 

States exercising this option to add the 

applicability provisions in the State’s 

NOX SIP Call trading rule for non-EGUs 

to the applicability provisions in 40 CFR 

96.304 in order to include in the CAIR 

NOX ozone season trading program all 

units required to be in the State’s NOX

SIP Call trading program that are not 

already included under 40 CFR 96.304. 

Under this option, the CAIR NOX ozone 

season program must cover all large 

industrial boilers and combustion 

turbines, as well as any small EGUs (i.e. 

units serving a generator with a 

nameplate capacity of 25 megawatts or 

less) that the State currently requires to 

be in the NOX SIP Call trading program. 

Ohio has chosen to expand the 

applicability provisions of the CAIR 

NOX Ozone Season Trading Program to 

include all non-EGUs that were subject 

to the State’s NOX SIP Call trading 

program. 

E. NOX Allowance Allocations 

Under the NOX allowance allocation 

methodology in the CAIR model trading 

rules and in the CAIR FIP, NOX annual 

and ozone season allowances are 

allocated to units that have operated for 

five years, based on heat input data from 

a three-year period that are adjusted for 

fuel type by using fuel factors of 1.0 for 

coal, 0.6 for oil, and 0.4 for other fuels. 

The CAIR model trading rules and the 

CAIR FIP also provide a new unit setaside from which units without five 

years of operation are allocated 

allowances based on the units’ prior 

year emissions. 

States may establish in their SIP 

submissions a different NOX allowance 

allocation methodology that will be 

used to allocate allowances to sources in 

the States if certain requirements are 

met concerning the timing of 

submission of units’ allocations to the 

Administrator for recordation and the 

total amount of allowances allocated for 

each control period. In adopting 

alternative NOX allowance allocation 

methodologies, States have flexibility 

with regard to: 

1. The cost to recipients of the 

allowances, which may be distributed 

for free or auctioned; 

2. The frequency of allocations; 

3. The basis for allocating allowances, 

which may be distributed, for example, 

based on historical heat input or electric 

and thermal output; and 

4. The use of allowance set-asides 

and, if used, their size. 

Consistent with the flexibility given to 

States in the CAIR rules, Ohio has 

chosen to distribute NOX annual and 

NOX ozone season allowances in a 

manner that differs in selected respects 

from the distribution in the Part 96 

model rule. First, as noted above, the 

State’s NOX ozone season allocation 

provisions have been modified to bring 

the State’s non-EGUs into the CAIR NOX

ozone season trading program. Second, 

while Ohio’s NOX ozone season 

program rules provide the same set 

aside for new sources as in the Part 96 

model rule (reflecting five percent of 

budgeted emissions for 2009 to 2014 

and three percent of budgeted emissions 

for 2015 and thereafter), the State 

provides additional set asides of one 

percent of budgeted emissions for 

energy efficiency and renewable energy 

projects and one percent of budgeted 

emissions for innovative technology 

projects. Ohio’s rules also authorize 

Ohio EPA to increase the size of these 

two set asides up to five percent of 

budgeted emissions in the event that 

requests for these set asides significantly 

exceed the one percent level, with 

provision that a correspondingly smaller 

number of allowances would be issued 

in the primary allowance distribution so 

as to allocate no more than the budgeted 

number of allowances. In the February 

1, 2008 notice, EPA asked Ohio to 

clarify these set aside allocation 

provisions. EPA believes that this 

revision provides sufficient 

clarification. 

As is done in EPA’s model rule, 

Ohio’s rules distribute allowances 

according to each source’s proportion of 

heat input of subject sources. CAIR NOX

ozone season allowances for non-EGUs 

are distributed according to heat input 

from a separate allowance pool from the 

pool for EGUs. 

F. Allocation of NOX Allowances From 

Compliance Supplement Pool 

CAIR establishes a CSP to provide an 

incentive for early reductions in NOX

annual emissions. The CSP consists of 

200,000 CAIR NOX annual allowances 

of vintage 2009 for the entire CAIR 

region, and a State’s share of the CSP is 

based upon the projected magnitude of 

the emission reductions required by 

CAIR in that State. States may distribute 

CSP allowances, one allowance for each 

ton of early reduction, to sources that 

make NOX reductions during 2007 or 

2008 beyond what is required by any 

applicable State or Federal emission 

limitation. States also may distribute 

CSP allowances based upon a 

demonstration of need for an extension 

of the 2009 deadline for implementing 

emission controls. 

The CAIR annual NOX model trading 

rule establishes specific methodologies 

for allocations of CSP allowances. States 

may choose an allowed, alternative CSP 

allocation methodology to be used to 

allocate CSP allowances to sources in 

the States. 

Consistent with the flexibility given to 

States in CAIR, Ohio has chosen to 

adopt a modified version of the 

provisions of the CAIR NOX annual 

model trading rule concerning the 

allocation of allowances from the CSP. 

EPA approved these provisions, as 

discussed in EPA’s earlier rulemaking. 

(See 73 FR 6038 (February 1, 2008).) In 

brief, Ohio’s CSP is comprised of 25,037 

allowances. Unlike the model rule, 

which allocates allowances in the 

amount that either (1) early reductions 

occur, or (2) allowances are needed to 

avoid disruption of electricity supply 

(provided the total does not exceed the 

State’s share of the CSP), Ohio’s rule 

provides (1) an initial allocation 

reflecting early reductions, limited to 

the source’s proportionate share of the 

CSP, with provision for (2) distribution 

of the remainder of the CSP according 

to the distribution of additional early 

reductions. Ohio’s recent rulemaking 

did not significantly change these 

provisions, but the revised rule does 

clarify that Ohio will submit CSP 

allocations to the Administrator by 


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48862 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 

November 30, 2009, as EPA requested in 

its February 1, 2008, rulemaking notice. 

The revised rule continues to satisfy 

EPA requirements. 

G. Individual Opt-In Units 

The opt-in provisions of the CAIR SIP 

model trading rules allow certain nonEGUs (i.e., boilers, combustion turbines, 

and other stationary fossil-fuel-fired 

devices) that do not meet the 

applicability criteria for a CAIR trading 

program to participate voluntarily in 

(i.e., opt into) the CAIR trading program. 

A non-EGU may opt into one or more 

of the CAIR trading programs. In order 

to qualify to opt into a CAIR trading 

program, a unit must vent all emissions 

through a stack and be able to meet 

monitoring, recordkeeping, and 

recording requirements of 40 CFR part 

75. The owners and operators seeking to 

opt a unit into a CAIR trading program 

must apply for a CAIR opt-in permit. If 

the unit is issued a CAIR opt-in permit, 

the unit becomes a CAIR unit, is 

allocated allowances, and must meet the 

same allowance-holding and emissions 

monitoring and reporting requirements 

as other units subject to the CAIR 

trading program. The opt-in provisions 

provide for two methodologies for 

allocating allowances for opt-in units, 

one methodology that applies to opt-in 

units in general and a second 

methodology that allocates allowances 

only to opt-in units that the owners and 

operators intend to repower before 

January 1, 2015. 

States have several options 

concerning the opt-in provisions. States 

may adopt the CAIR opt-in provisions 

entirely or may adopt them but exclude 

one of the methodologies for allocating 

allowances. States may also decline to 

adopt the opt-in provisions at all. 

Consistent with this flexibility, Ohio 

has chosen to allow non-EGUs meeting 

certain requirements to participate in 

the CAIR NOX annual trading program, 

the CAIR NOX ozone season trading 

program, and the CAIR SO2 trading 

program. EPA approved Ohio’s earlier 

version of rules authorizing these optins (see 73 FR 6038 (February 1, 2008)), 

and Ohio’s revised rules make only 

minor ministerial changes. 

VII. Final Action 

EPA is approving Ohio’s full CAIR 

SIP revision, which includes rules 

submitted on July 15, 2009, and August 

13, 2009. With these rules, Ohio is 

providing for continued participation in 

the EPA-administered CAIR cap-andtrade programs for SO2, NOX annual, 

and NOX ozone season emissions. The 

requested SIP revision meets the 

applicable requirements of CAIR, which 

are set forth in 40 CFR 51.123(o) and 

(aa), with regard to NOX annual and 

NOX ozone season emissions, and 40 

CFR 51.124(o), with regard to SO2

emissions. In accordance with 40 CFR 

52.35 and 52.36, as an automatic 

consequence of the approval of Ohio’s 

full CAIR SIP revision, EPA is also 

amending the Ohio plan to withdraw 

the CAIR FIPs for SO2, NOX annual, and 

NOX ozone season emissions for Ohio 

sources. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

State plan if relevant adverse written 

comments are filed. This rule will be 

effective November 24, 2009 without 

further notice unless we receive relevant 

adverse written comments by October 

26, 2009. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

If we do not receive any comments, this 

action will be effective November 24, 

2009. 

VIII. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air 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 Clean Air Act. Accordingly, this 

action merely approves State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this action: 

• Is 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); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is 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.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is 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 Clean Air Act; 

and 

• Does 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: August 19, 2009. 

Walter W. Kovalick, Jr., 

Acting Regional Administrator, Region 5. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart KK—Ohio 

■ 2. Section 52.35 is amended by: 

■ a. In paragraph (d)(1), by removing 

‘‘[STATE NAME]’’ and by adding 

‘‘Ohio’’, in its place; and 

■ b. In paragraph (d)(2), by removing 

‘‘[STATE NAME]’’ and by adding, 

‘‘Ohio’’, in its place. 


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Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 48863 

■ 3. Section 52.36 is amended in 

paragraph (c) by removing ‘‘[STATE 

NAME]’’ and by adding, ‘‘Ohio’’, in its 

place. 

■ 4. Section 52.1870 is amended by 

revising paragraph (c)(140) to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(140) On July 15, 2009, and August 

13, 2009, Ohio submitted rules 

addressing the requirements of the 

Clean Air Interstate Rule. 

(i) Incorporation by reference. 

(A) Ohio Administrative Code Rule 

3745–109–01 ‘‘CAIR NOX annual, CAIR 

SO2 and CAIR NOX ozone season 

trading programs definitions and 

general provisions.’’, Rule 3745–109–04 

‘‘CAIR NOX allowance allocations.’’, 

Rule 3745–109–07 ‘‘Monitoring and 

Reporting.’’, Rule 3745–109–08 ‘‘CAIR 

NOX opt-in units.’’, Rule 3745–109–11 

‘‘CAIR SO2 allowance tracking system.’’, 

Rule 3745–109–12 ‘‘CAIR SO2

allowance transfers.’’, Rule 3745–109– 

13 ‘‘Monitoring and reporting.’’, Rule 

3745–109–14 ‘‘CAIR SO2 opt-in units.’’, 

Rule 3745–109–17 ‘‘CAIR NOX ozone 

season allowance allocations.’’, Rule 

3745–109–18 ‘‘CAIR NOX ozone season 

allowance tracking system.’’, Rule 3745– 

109–19 ‘‘CAIR NOX ozone season 

allowance transfers.’’, Rule 3745–109– 

20 ‘‘Monitoring and reporting.’’, and 

Rule 3745–109–21 ‘‘CAIR NOX ozone 

season opt-in units.’’, adopted on July 6, 

2009, effective on July 16, 2009. 

(B) July 6, 2009, ‘‘Director’s Final 

Findings and Orders’’, signed by Chris 

Korleski, Director, Ohio Environmental 

Protection Agency. 

(C) Ohio Administrative Code Rule 

3745–109–02 ‘‘CAIR designated 

representative for CAIR NOX sources.’’, 

Rule 3745–109–03 ‘‘Permits.’’, Rule 

3745–109–05 ‘‘CAIR NOX allowance 

tracking system.’’, Rule 3745–109–06 

‘‘CAIR NOX allowance transfers.’’, Rule 

3745–109–09 ‘‘CAIR designated 

representative for CAIR SO2 sources.’’, 

Rule 3745–109–10 ‘‘Permits.’’, Rule 

3745–109–15 ‘‘CAIR designated 

representative for CAIR NOX ozone 

season sources.’’, and Rule 3745–109–16 

‘‘Permits.’’, adopted on September 17, 

2007, effective on September 27, 2007. 

(D) September 17, 2007, ‘‘Director’s 

Final Findings and Orders’’, signed by 

Chris Korleski, Director, Ohio 

Environmental Protection Agency. 

■ 5. Section 52.1891 is removed. 

■ 6. Section 52.1892 is removed. 

[FR Doc. E9–23254 Filed 9–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0506; FRL–8962–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Commonwealth of Pennsylvania; 

Determination of Clean Data for the 

1997 Fine Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is determining that the 

Johnstown (Cambria and Indiana 

Counties), Lancaster (Lancaster County), 

Reading (Berks County), and York (York 

County), Pennsylvania nonattainment 

areas for the 1997 fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS) have clean data for 

the 1997 PM2.5 NAAQS. 

DATES: Effective Date: This final rule is 

effective on September 25, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2009–0506. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, 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 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. What Action Is EPA Taking? 

II. What Is the Effect of This Action? 

III. When Is This Action Effective? 

IV. What Is EPA’s Final Action? 

V. What Are the Statutory and Executive 

Order Reviews? 

I. What Action Is EPA Taking? 

EPA is determining that the 

Johnstown, Lancaster, Reading, and 

York nonattainment areas have clean 

data for the 1997 PM2.5 NAAQS. This 

determination is based upon quality 

assured, quality controlled and certified 

ambient air monitoring data that show 

the area has monitored attainment of the 

1997 PM2.5 NAAQS based on the 2006– 

2008 data. In addition, quality 

controlled and quality assured 

monitoring data submitted during the 

calendar year 2009, which are available 

in the EPA Air Quality System (AQS) 

database, but not yet certified, show that 

these areas continue to meet the 1997 

PM2.5 NAAQS. 

Other specific requirements of the 

determination and the rationale for 

EPA’s proposed action are explained in 

the notice of proposed rulemaking 

(NPR) published on July 31, 2009 (74 FR 

38158) and will not be restated here. No 

public comments were received in 

response to the NPR. 

II. What Is the Effect of This Action? 

This final action, in accordance with 

40 CFR 51.1004(c), suspends the 

requirements for these areas to submit 

attainment demonstrations, associated 

reasonably available control measures, 

reasonable further progress plans, 

contingency measures, and other 

planning state implementation plans 

(SIPs) related to attainment of the 1997 

PM2.5 NAAQS for so long as these areas 

continue to meet the 1997 PM2.5

NAAQS. 

III. When Is the Action Effective? 

EPA finds that there is good cause for 

this approval to become effective on the 

date of publication of this action in the 

Federal Register, because a delayed 

effective date is unnecessary due to the 

nature of the approval. The expedited 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which provides that rule 

actions may become effective less than 

30 days after publication if the rule 

‘‘grants or recognizes an exemption or 

relieves a restriction’’ and 5 U.S.C. 

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.’’ As noted above, this 

determination of attainment suspends 

the requirements for the Johnstown, 

Lancaster, Reading, and York, 

Pennsylvania PM2.5 nonattainment areas 

to submit an attainment demonstration, 

associated reasonably available 

measures, a reasonable further progress 

plan, contingency measures, and any 


CPrice-Sewell on DSKGBLS3C1PROD with RULES