59258 Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations 

(vii) 30 TAC 35.807—Affirmation of 

an Emergency Order—adopted August 

16, 1993 and submitted August 31, 1993 

(as 30 TAC 116.414); revised November 

18, 1998 and submitted December 10, 

1998 (as redesignated to 30 TAC 

35.807); revised June 28, 2006 and 

submitted July 17, 2006. 

(viii) 30 TAC 35.808—Modification of 

an Emergency Order—adopted August 

16, 1993 and submitted August 31, 1993 

(as 30 TAC 116.417); revised November 

18, 1998 and submitted December 10, 

1998 (as redesignated to 30 TAC 

35.808); revised June 28, 2006 and 

submitted July 17, 2006. 

(ix) 30 TAC 35.809—Setting Aside an 

Emergency Order—adopted August 16, 

1993 and submitted August 31, 1993 (as 

30 TAC 116.418); revised November 18, 

1998 and submitted December 10, 1998 

(as redesignated to 30 TAC 35.809). 

(5) The following provision under 30 

TAC Chapter 116, Subchapter K— 

Emergency Orders: 30 TAC 116.1200— 

Applicability—adopted August 16, 1993 

and submitted August 31, 1993 (as 30 

TAC 116.410); revised November 18, 

1998 and submitted December 10, 1998; 

revised January 11, 2006 and submitted 

February 1, 2006 (as redesignated to 30 

TAC 116.1200). 

[FR Doc. 2013–23380 Filed 9–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0058; FR–9901–21– 

Region3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Withdrawal of Direct 

Final Rule for the Update of the Motor 

Vehicle Emissions Budgets for the 

Lancaster 1997 8-Hour Ozone 

Maintenance Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: EPA is withdrawing the direct 

final rule to approve revisions to the 

Commonwealth of Pennsylvania’s State 

Implementation Plan (SIP). The 

revisions consist of an update to the 

SIP-approved Motor Vehicle Emissions 

Budgets (MVEBs) for nitrogen oxides 

(NOX) and volatile organic compounds 

(VOCs), and an updated point source 

inventory for NOX and VOCs for the 

1997 8-Hour Ozone National Ambient 

Air Quality Standard SIP for Lancaster 

County. In the direct final rule 

published on August 8, 2013, the table 

with the revised MVEBs contained 

numerical errors. Therefore, EPA is 

withdrawing this direct final rule in its 

entirety. EPA will commence a separate 

rulemaking action for this SIP revision. 

DATES: The direct final rule published at 

78 FR 48323 on August 8, 2013, is 

withdrawn as of September 26, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: August 29, 2013. 

W. C. Early, 

Acting Regional Administrator, Region III. 

Accordingly, the amendment to 40 

CFR 52.2020(e)(1) and the additions of 

40 CFR 52.2043 and 40 CFR 52.2052, 

published on August 8, 2013 (78 FR 

48323), are withdrawn as of September 

26, 2013. 

[FR Doc. 2013–23384 Filed 9–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2011–0596; FRL–9901–09– 

Region5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Redesignation of the DaytonSpringfield Area to Attainment of the 

1997 Annual Standard for Fine 

Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is granting, under the 

Clean Air Act (CAA), the State of Ohio’s 

June 1, 2011, request to redesignate the 

Dayton-Springfield (Dayton) 

nonattainment area (Clark, Greene, and 

Montgomery Counties) to attainment for 

the 1997 annual national ambient air 

quality standard (NAAQS or standard) 

for fine particulate matter (PM2.5). EPA 

is approving the related state 

implementation plan (SIP) elements 

including comprehensive emissions 

inventories, the maintenance plan, and 

the motor vehicle emissions budgets 

(MVEBs). EPA has determined that the 

area has attained the standard and 

proposed to approve Ohio’s request on 

July 26, 2013. 

DATES: This final rule is effective on 

September 26, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2011–0596. 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 Matt 

Rau, Environmental Engineer, at (312) 

886–6524 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Control 

Strategies Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–6524, rau.matthew@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. Background Information 

II. What are the Responses to Comments? 

III. What final action is epa taking? 

IV. Statutory and Executive Order Reviews 

I. Background Information 

On June 1, 2011, Ohio submitted a 

request for EPA to redesignate the 

Dayton-Springfield, Ohio nonattainment 

area to attainment of the 1997 annual 

PM2.5 NAAQS. Ohio also requested EPA 

approval of the SIP revision containing 

an emissions inventory and a 

maintenance plan for the area. 

In a supplemental submission to EPA 

on April 30, 2013, Ohio submitted 

ammonia (NH3) and volatile organic 

compounds (VOC) emissions 

inventories to supplement the emissions 

inventories for PM2.5, nitrogen oxides 

(NOX), and sulfur dioxide (SO2) that 

were submitted on June 1, 2011. 

EPA proposed to redesignate the 

Dayton area and to approve related 

elements on July 26, 2013 (78 FR 

45135). This action included the 

proposed approval of a comprehensive 

emissions inventory for PM2.5, NOX, 

SO2, NH3, and VOC, a maintenance 

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Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations 59259 

plan, and MVEBs. The comment period 

ran until August 26, 2013. A summary 

of the comments received and EPA’s 

responses are given in section II. 

II. What are the Responses to 

Comments? 

EPA received three sets of comments 

during the comment period provided on 

the proposed rule. One set of comments, 

both supportive and for clarification, 

came from the Miami Valley Regional 

Planning Commission (MVRPC) on 

August 2, 2013. Two sets of supportive 

comments came from the Regional Air 

Pollution Control Agency on August 13, 

2013, and from the Ohio Utility Group 

on August 26, 2013. The clarification 

comment from MVRPC with EPA’s 

response is below. 

Comment: MVRPC noticed the 

discussion about MVEBs in the 

proposed rule included the proposed 

approval of the MVEBs, but the 

proposed rule did not list the actual 

MVEBs for the Dayton area. MVRPC 

referenced the Dayton area MVEBs 

provided by Ohio in its June 1, 2011, 

submission. 

Response: While EPA listed the 

emission budgets and explained that a 

15 percent safety margin was added to 

the emission budgets to set the MVEBs, 

MVRPC is correct that EPA did not list 

the Dayton area MVEBs. EPA did 

propose approval of the MVEBs, so EPA 

is approving the Dayton area MVEBs in 

this final rule. For clarity, the Dayton 

area MVEBs are provided in Table 1. 

The total MVEBs are calculated by 

adding 15 percent to the onroad mobile 

sources emission estimates that were 

provided in the proposed rule on Table 

6 (78 FR 45150). 

TABLE 1—MVEB FOR THE DAYTON AREA

[Tons per year] 

2015 

Emissions 

2015 Safety 

margin 

2015 Mobile 

budget 

2022 

Emissions 

2022 Safety 

margin 

2022 Mobile 

budget 

PM2.5 ........................................................ 351.68 52.75 404.43 227.24 34.09 261.33 

NOX .......................................................... 11,187.43 1,678.11 12,865.54 5,452.73 817.91 6,270.64 

III. What final action is EPA taking? 

EPA has determined that the Dayton 

area is attaining the 1997 annual PM2.5

NAAQS and that the area has met the 

requirements for redesignation under 

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

thus approving the request from Ohio 

EPA to change the legal designations of 

the Dayton area from nonattainment to 

attainment for the 1997 annual PM2.5

standard. EPA is also approving Ohio’s 

PM2.5 maintenance plan for the Dayton 

area as a revision to the Ohio SIP, as it 

meets the requirements of section 175A 

of the CAA. EPA is approving the 2005 

and 2008 NOX, direct PM2.5, SO2

emission inventories along with the 

2007/2008 ammonia and VOC emissions 

inventories as meeting the 

comprehensive emissions inventory 

requirements of section 172(c)(3) of the 

CAA. EPA is also approving the 

MOVES-based NOX and direct PM2.5

2015 and 2022 MVEBs for the Dayton 

area for transportation conformity 

purposes. These MVEBs will be used in 

future transportation conformity 

analyses for the area. 

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. This final 

rule, however, does not create any new 

regulatory requirements such that 

affected parties would need time to 

prepare before the rule takes effect. 

Rather, it relieves Ohio of planning 

requirements for the Dayton PM2.5

nonattainment 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. 

IV. Statutory 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 economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

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

• are not significant regulatory 

actions 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 

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59260 Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations 

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 a 

determinations of attainment is an 

action that affects the status of a 

geographical area and does not impose 

any new regulatory requirements on 

tribes, impact any existing sources of air 

pollution on tribal lands, nor impair the 

maintenance of PM2.5 national ambient 

air quality standards in tribal lands. 

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. 

These actions are not ‘‘major rules’’ 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 25, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of these actions 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. These actions may 

not be challenged later in proceedings to 

enforce their 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. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: September 6, 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)(7) and (q)(7) to 

read as follows: 

§ 52.1880 Control strategy: Particulate 

matter. 

* * * * * 

(p) * * * 

(7) The Dayton-Springfield, Ohio 

nonattainment area (Clark, Greene, and 

Montgomery Counties), as submitted on 

June 1, 2011, and on April 30, 2013. The 

maintenance plan establishes 2015 

motor vehicle emissions budgets for the 

Dayton-Springfield area of 404.43 ton 

per year (tpy) PM2.5 and 12,865.54 tpy 

nitrogen oxides (NOX) and 2022 motor 

vehicle emissions budgets of 261.33 tpy 

PM2.5 and 6,270.64 tpy NOX. 

(q) * * * 

(7) Ohio’s 2005 and 2008 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 the 

Dayton-Springfield area. 

* * * * * 

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 entry for DaytonSpringfield, OH 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 

*******

Dayton-Springfield, OH: ...................................................................................................................................... 9/26/2013 Attainment 

Clark County.

Greene County.

Montgomery County.

* * * * * * * 

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. 2013–23242 Filed 9–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

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