29968 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 

reference, Intergovernmental relations, 

Lead, Reporting and recordkeeping 

requirements. 

Dated: May 13, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is 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 52.1892 is amended by 

adding paragraph (f) to read as follows: 

§ 52.1892 Determination of attainment. 

* * * * * 

(f) Based upon EPA’s review of the air 

quality data for the three-year period 

2012 to 2014, EPA determined that the 

Cleveland and Delta, OH lead 

nonattainment areas have attained the 

2008 Lead National Ambient Air 

Quality Standard (NAAQS). This clean 

data determination suspends the 

requirements for these areas to submit 

an attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 2008 lead 

NAAQS. 

[FR Doc. 2015–12500 Filed 5–22–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0659; FRL–9927–98– 

Region–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Removal of General Conformity 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the removal 

of general conformity regulations from 

the Ohio state implementation plan 

(SIP) under the Clean Air Act (CAA). 

These regulations are no longer 

necessary since the establishment of the 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users transportation act (transportation 

act) removed the requirement for states 

to maintain general conformity 

regulations. 

DATES: This direct final rule will be 

effective July 27, 2015, unless EPA 

receives adverse comments by June 25, 

2015. 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 No. EPA–R05– 

OAR–2014–0659, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies 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–2014– 

0659. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov your email 

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, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. 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 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: 

I. What is the background for this action? 

II. What is EPA’s analysis of the state’s 

submittal? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On March 11, 1996, EPA approved the 

general conformity rules in chapter 

3745–102 of the Ohio Administrative 

Code (OAC) into the Ohio SIP (61 FR 

9646). General conformity is a 

requirement of section 176(c) of the 

CAA to ensure that no Federally 

supported actions outside of highway 

and transit projects interfere with the 

purpose of the approved SIP, i.e. the 

SIP’s protection of the National Ambient 

Air Quality Standards. General 

conformity requirements currently 

apply to the following criteria 

pollutants: Ozone, particulate matter, 


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Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 29969 

carbon monoxide, and nitrogen dioxide. 

The general conformity regulation is 

found in 40 CFR part 93, subpart B and 

provisions related to general conformity 

SIPs are found in 40 CFR 51.851. 

On August 10, 2005, the 

transportation act was signed into law, 

and among other things, it amended the 

CAA to eliminate the requirement for 

states to adopt and submit general 

conformity SIPs. On April 5, 2010 (75 

FR 17254), EPA updated the general 

conformity SIP regulations to be 

consistent with the transportation act by 

eliminating the Federal regulatory 

requirement for states to adopt and 

submit general conformity SIPs. See 40 

CFR 51.851. On July 21, 2014, the Ohio 

Environmental Protection Agency 

submitted a request to remove the 

general conformity regulations from the 

Ohio SIP. 

II. What is EPA’s analysis of the state’s 

submittal? 

We have reviewed Ohio’s submittal to 

ensure consistency with the current 

CAA, as amended by the transportation 

act, and EPA regulations governing state 

procedures for general conformity (40 

CFR 51.851). Specifically, 40 CFR 

51.851(a) was changed to indicate that 

states ‘‘may’’, not ‘‘must’’ submit to EPA 

a general conformity SIP because, as 40 

CFR 51.851(b) indicates, Federal 

agencies shall use the provisions of 40 

CFR part 93, subpart B in addition to 

any existing applicable state or tribal 

requirements to review the conformity 

of Federal actions in nonattainment or 

maintenance areas. Ohio’s removal of 

general conformity rules from its SIP 

meets the requirements set forth in 

section 110(l) of the CAA with respect 

to adoption and submission of SIP 

revisions. 40 CFR part 93, subpart B 

continues to subject certain Federal 

actions to general conformity 

requirements without the need for 

identical state rules and SIPs. Therefore, 

repealing the state rule will not impact 

continuity of the general conformity 

program in Ohio, and consequently 

meets the requirements of section 110(l). 

Ohio’s request to remove the general 

conformity regulations from the Ohio 

SIP is approvable. 

III. What action is EPA taking? 

EPA is approving the removal of the 

general conformity regulations in OAC 

chapter 3745–102 from the Ohio SIP. 

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 July 27, 2015 without further 

notice unless we receive relevant 

adverse written comments by June 25, 

2015. 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. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

July 27, 2015. 

VI. Statutory and Executive Order 

Reviews. 

Under the CAA, 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, 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 (Public Law 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 CAA; 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 July 27, 2015. 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 


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29970 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: May 13, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is 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. 

§ 52.1870 [Amended] 

■ 2. Section 52.1870 is amended by 

removing and reserving paragraph 

(c)(107). 

[FR Doc. 2015–12363 Filed 5–22–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0883; FRL–9928–15– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Determination of Attainment 

of the 1997 8-Hour Ozone National 

Ambient Air Quality Standard for the 

Baltimore, Maryland Serious 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) has determined that the 

Baltimore, Maryland Serious 

Nonattainment Area (Baltimore Area) 

has attained the 1997 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS). This determination is based 

upon complete, quality-assured, and 

certified ambient air monitoring data 

that shows the Baltimore Area has 

monitored attainment of the 1997 8- 

hour ozone NAAQS for the 2012–2014 

monitoring period. EPA is finding the 

Baltimore Area to be in attainment in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

June 25, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0883. All 

documents in the docket are listed in 

the 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 

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: 

Irene Shandruk, (215) 814–2166, or by 

email at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 18, 1997, EPA revised the 

health-based NAAQS for ozone based 

on 8-hour average concentrations. 62 FR 

38856. The 8-hour averaging period 

replaced the previous 1-hour averaging 

period, and the level of the NAAQS was 

changed from 0.12 parts per million 

(ppm) to 0.08 ppm. Id. On April 30, 

2004 (69 FR 23858), EPA finalized its 

attainment/nonattainment designations 

for areas across the country for the 1997 

8-hour ozone NAAQS. These actions 

became effective on June 15, 2004. 

Among those nonattainment areas was 

the Baltimore Area (specifically, Anne 

Arundel County, Baltimore City, 

Baltimore County, Carroll County, 

Harford County, and Howard County), 

which was designated as a moderate 

ozone nonattainment area. Id. Later, the 

Baltimore Area was reclassified as a 

serious nonattainment area for the 1997 

ozone NAAQS. 77 FR 4901 (February 1, 

2012). See 40 CFR 81.321. Air quality 

monitoring data from the 2012–2014 

monitoring period indicate that the 

Baltimore Area is now attaining the 

1997 8-hour ozone NAAQS. On March 

25, 2015 (80 FR 15711), EPA published 

a notice of proposed rulemaking (NPR) 

for the State of Maryland. In the NPR, 

EPA proposed to determine that the 

Baltimore Area has attained the 1997 8- 

hour ozone NAAQS. 

Under the provisions of EPA’s ozone 

implementation rule (40 CFR 51.918), if 

EPA issues a determination that an area 

is attaining the relevant standard 

(through a rulemaking that includes 

public notice and comment), it will 

suspend the area’s obligations to submit 

an attainment demonstration, 

reasonably available control measures 

(RACM), reasonable further progress 

(RFP) plan, contingency measures and 

other planning requirements related to 

attainment of the 1997 8-hour ozone 

NAAQS for as long as the area continues 

to attain the standard. This suspension 

remains in effect until such time, if ever, 

that EPA (i) redesignates the area to 

attainment at which time those 

requirements no longer apply, or (ii) 

subsequently determines that the area 

has violated the 1997 8-hour ozone 

NAAQS. Although these requirements 

are suspended, EPA is not precluded 

from acting upon these elements at any 

time if submitted to EPA for review and 

approval. The determination of 

attainment is not equivalent to a 

redesignation under section 107(d)(3) of 

the CAA. The designation status of the 

Baltimore Area will remain 

nonattainment for the 1997 8-hour 

ozone NAAQS until such time as EPA 

determines that the Baltimore Area 

meets the CAA requirements for 

redesignation to attainment, including 

an approved maintenance plan. 

Additionally, the determination of 

attainment is separate from, and does 

not influence or otherwise affect, any 

future designation determination or 

requirements for the Baltimore Area 

based on any new or revised ozone 

NAAQS, and it remains in effect 

regardless of whether EPA designates 

the Baltimore Area as a nonattainment 

area for purposes of any new or revised 

ozone NAAQS. 

II. EPA’s Evaluation 

EPA has reviewed the complete, 

quality-assured and certified ozone 

ambient air monitoring data for the 

monitoring period for 2012–2014 for the 

Baltimore Area. The design values for 

each monitor for the years 2012–2014 

are less than or equal to 0.084 ppm, and 

all monitors meet the data completeness 

requirements (see Table 1). Based on 

this 2012–2014 data from the Air 

Quality System (AQS) database and 

consistent with the requirements 

contained in 40 CFR part 50, EPA has 

concluded that the Baltimore Area 

attained the 1997 8-hour ozone NAAQS. 

Other specific requirements and the 

rationale for EPA’s proposed action are 

explained in the NPR and will not be 


wreier-aviles on DSK5TPTVN1PROD with RULES