Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations 62459 

EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP 

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

*******

D.C. Official Code 

Title I—Chapter 11A Government Ethics and Accountability 

Section 1–1161.01 .................. Definitions ............................... 4/27/12 10/22/13 [Insert page number 

where the document begins].

Section 1–1162.23 .................. Conflicts of Interest ................. 4/27/12 10/22/13 [Insert page number 

where the document begins].

Section 1–1162.24 .................. Public Reporting ..................... 4/27/12 10/22/13 [Insert page number 

where the document begins].

Section 1–1162.25 .................. Confidential Disclosure of Financial Interest.4/27/12 10/22/13 [Insert page number 

where the document begins].

* * * * * (e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure 

Requirements for the 2008 

Lead NAAQS.

Statewide ................................ 7/18/13 10/22/13 [Insert Federal Register page number where 

the document begins and 

date].

This action addresses the following CAA elements: 

110(a)(2)(A), (B), (C), (D), 

(E), (F), (G), (H), (J), (K), 

(L), and (M), or portions 

thereof. 

CAA section 128 requirements 

in relation to State Boards.

Statewide ................................ 7/18/13 10/22/13 [Insert page number 

where the document begins].

[FR Doc. 2013–24125 Filed 10–21–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2012–0564; FRL–9901–63– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Redesignation of the Canton-Massillon 

Area to Attainment of the 1997 Annual 

Standard and the 2006 24-Hour 

Standard for Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving, under the 

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

request to redesignate the CantonMassillon nonattainment area (Canton), 

Stark County, to attainment of the 1997 

annual and 2006 24-hour national 

ambient air quality standards (NAAQS 

or standards) for fine particulate matter 

(PM2.5). On June 26, 2012, the Ohio 

Environmental Protection Agency 

(OEPA) submitted a request for EPA to 

redesignate the Canton nonattainment 

area. EPA determined that the Canton 

area has attained the 1997 annual and 

2006 24-hour PM2.5 standards, and 

proposed on August 7, 2013, to approve 

Ohio’s request to redesignate the area. 

EPA is taking final action today on that 

proposal. EPA is also taking final action 

in this rulemaking on several related 

proposals. EPA is approving, as a 

revision to the Ohio state 

implementation plan (SIP), the state’s 

plan for maintaining the 1997 annual 

and 2006 24-hour PM2.5 NAAQS in the 

area through 2025. Finally, EPA finds 

adequate and is approving Ohio’s 

nitrogen oxides (NOX) and PM2.5 motor 

vehicle emission budgets (MVEBs) for 

2015 and 2025 for the Canton area. EPA 

is also approving the 2005 and 2008 

emissions inventories for primary PM2.5, 

NOX, sulfur dioxide (SO2), volatile 

organic compounds (VOCs) and 

ammonia for the area. EPA, therefore, 

grants Ohio’s request to redesignate the 

Canton area to attainment for the 1997 

annual and 2006 24-hour PM2.5

standards. 

DATES: This rule is effective October 22, 

2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification EPA–R05–OAR–2012– 

0564. All documents in these dockets 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency, Region 5, Air and Radiation 

Division, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. This facility is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Carolyn Persoon at (312) 

353–8290 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Persoon, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 


emcdonald on DSK67QTVN1PROD with RULES
62460 Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations 

1Fine particulates directly emitted by sources 

and not formed in a secondary manner through 

chemical reactions or other processes in the 

atmosphere. 

2NOX and SO2 are precursors for fine particulates 

through chemical reactions and other related 

processes in the atmosphere. 

Chicago, Illinois 60604, (312) 353–8290, 

persoon.carolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for the actions? 

II. What actions is EPA taking? 

III. What is EPA’s response to comments? 

IV. Why is EPA taking these actions? 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. What is the background for the 

actions? 

On June 26, 2012, OEPA submitted its 

request to redesignate the Canton 

nonattainment area to attainment for the 

1997 annual and 2006 24-hour PM2.5

NAAQS, and for EPA approval of the 

state’s SIP revision containing a 

maintenance plan for the area. On 

August 7, 2013, (78 FR 48087), EPA 

proposed approval of Ohio’s 

redesignation request and plan for 

maintaining the 1997 annual and 2006 

24-hour PM2.5 NAAQS. EPA also 

proposed approval of Ohio’s MVEBs for 

PM2.5 and NOX for 2015 and 2025 for 

the area. Additional background for 

today’s action is set forth in EPA’s 

August 7, 2013, proposed rulemaking. 

II. What actions is EPA taking? 

EPA has determined that the entire 

Canton area is attaining the 1997 annual 

and 2006 24-hour PM2.5 standards (78 

FR 48087) and that the Canton area has 

met the requirements for redesignation 

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

Thus, EPA is approving the requests 

from the state of Ohio to change the 

legal designation of the Canton area 

from nonattainment to attainment for 

the 1997 annual and 2006 24-hour PM2.5

NAAQS. EPA is also taking several 

additional actions related to Ohio’s 

PM2.5 redesignation requests, as 

discussed below. 

EPA is approving Ohio’s PM2.5

maintenance plan for the Canton area as 

a revision to the Ohio SIP (such 

approval being one of the CAA criteria 

for redesignation to attainment status). 

The maintenance plan is designed to 

keep the Canton area in attainment of 

the 1997 annual and 2006 24-hour PM2.5

NAAQS through 2025. 

EPA is also approving the 2005 and 

2008 emission inventories for primary 

PM2.5,1 NOX, SO2,2 VOCs, and ammonia 

documented in Ohio’s PM2.5

redesignation request and supplemental 

submittals. These emissions inventories 

satisfy the requirement in section 

172(c)(3) of the CAA for a 

comprehensive, current emission 

inventory. 

EPA also finds adequate and is 

approving Ohio’s 2015 and 2025 

primary PM2.5 and NOX MVEBs for the 

Canton area. These MVEBs will be used 

in future transportation conformity 

analyses for the area. 

III. What is EPA’s response to 

comments? 

EPA received one supportive 

comment and no adverse comments on 

its proposed rulemaking. The comment 

has been added to the docket. 

IV. Why is EPA taking these actions? 

EPA has determined that the Canton 

area has attained the 1997 annual and 

2006 24-hour PM2.5 NAAQS. EPA has 

also determined that all other criteria 

have been met for the redesignation of 

the Canton area from nonattainment to 

attainment of the 1997 annual and 2006 

24-hour PM2.5 NAAQS and for approval 

of Ohio’s maintenance plan for the area. 

See CAA sections 107(d)(3)(E) and 

175A. The detailed rationale for EPA’s 

findings and actions is set forth in the 

proposed rulemaking of August 7, 2013 

(78 FR 48087). 

V. Final Action 

EPA is determining that the Canton 

area has attained the standards and that 

the area meets the requirements for 

redesignation to attainment of that 

standard under sections 107(d)(3)(E) 

and 175A of the CAA. Thus, EPA is 

granting the request from Ohio to 

change the legal designation of the 

Canton area from nonattainment to 

attainment for the 1997 annual and 2006 

24-hour PM2.5 NAAQS. EPA is also 

approving Ohio’s 1997 annual and 2006 

24-hour PM2.5 maintenance plan for the 

Canton area as a revision to the SIP 

because the plan meets the requirements 

of section 175A of the CAA. EPA is 

approving the 2005 and 2008 emissions 

inventories for primary PM2.5, NOX, 

SO2, VOCs, and ammonia documented 

in Ohio’s June 26, 2012, and May 31, 

2013, submittals as satisfying the 

requirement in section 172(c)(3) of the 

CAA for a comprehensive, current 

emission inventory. Finally, EPA finds 

adequate and is approving Ohio’s 2015 

and 2025 primary PM2.5 and NOX

MVEBs for the Canton area. These 

MVEBs will be used in future 

transportation conformity analyses for 

the area after the effective date for the 

adequacy finding and approval. 

In accordance with 5 U.S.C. 553(d), 

EPA finds there is good cause for this 

action to become effective immediately 

upon publication. This is because a 

delayed effective date is unnecessary 

due to the nature of a redesignation to 

attainment, which relieves the area from 

certain CAA requirements that would 

otherwise apply to it. The immediate 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which provides that 

rulemaking actions may become 

effective less than 30 days after 

publication if the rule grants or 

recognizes an exemption or relieves a 

restriction, and section 553(d)(3), which 

allows an effective date less than 30 

days after publication as otherwise 

provided by the agency for good cause 

found and published with the rule. The 

purpose of the 30-day waiting period 

prescribed in section 553(d) is to give 

affected parties a reasonable time to 

adjust their behavior and prepare before 

the final rule takes effect. Today’s rule, 

however, does not create any new 

regulatory requirements such that 

affected parties would need time to 

prepare before the rule takes effect. 

Rather, today’s rule relieves Ohio of 

various requirements for the Canton 

area. For these reasons, EPA finds good 

cause under 5 U.S.C. 553(d)(3) for this 

action to become effective on the date of 

publication of this action. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of the 

maintenance plan under CAA section 

107(d)(3)(E) are actions that affect the 

status of geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

required by state law. A redesignation to 

attainment does not in and of itself 

impose any new requirements, but 

rather results in the application of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For these 

reasons, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 


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Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations 62461 

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 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, this final rule does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the Commonwealth, and EPA 

notes that it will not impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 23, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: September 19, 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)(8), (q)(8), (s)(3), 

and (t)(3) to read as follows: 

§ 52.1880 Control strategy: Particulate 

matter. 

* * * * * 

(p) * * * 

(8) The Canton-Massillon 

nonattainment area (Stark County). The 

maintenance plan establishes motor 

vehicle emissions budgets for the 

Canton-Massillon area of 204.33 tpy for 

primary PM2.5 and 7,782.84 tpy for NOX

for 2015, and 101.50 tpy for primary 

PM2.5 and 4,673.83 tpy for NOX for 

2025. 

(q) * * * 

(8) Ohio’s 2005 and 2008 NOX, 

directly emitted PM2.5, SO2, VOC, and 

ammonia emissions inventory satisfies 

the emission inventory requirements of 

section 172(c)(3) for the CantonMassillon area. 

* * * * * 

(s) * * * 

(3) The Canton-Massillon 

nonattainment area (Stark County). The 

maintenance plan establishes motor 

vehicle emissions budgets for the 

Canton-Massillon area of 204.33 tpy for 

primary PM2.5 and 7,782.84 tpy for NOX

for 2015, and 101.50 tpy for primary 

PM2.5 and 4,673.83 tpy for NOX for 

2025. 

(t) * * * 

(3) Ohio’s 2005 and 2008 NOX, 

directly emitted PM2.5, SO2, VOC, and 

ammonia emissions inventory satisfies 

the emission inventory requirements of 

section 172(c)(3) for the CantonMassillon 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 Canton-Massillon, 

OH in the tables entitled ‘‘Ohio—PM2.5

(Annual NAAQS)’’ and ‘‘Ohio—PM2.5

(24-Hour NAAQS)’’ to read as follows: 

§ 81.336 Ohio. 

* * * * * 

OHIO—PM2.5

[Annual NAAQS] 

Designated area 

Designation a

Date 1 Type 

*******

Canton-Massillon, OH: 


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62462 Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations 

OHIO—PM2.5—Continued 

[Annual NAAQS] 

Designated area 

Designation a

Date 1 Type 

Stark County ....................................................................................................................................................... 10/22/13 Attainment. 

* * * * * * * 

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

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

* * * * * 

OHIO—PM2.5

[24-Hour NAAQS] 

Designated area 

Designation for the 1997 NAAQSa Designation for the 2006 

NAAQSa

Date 1 Type Date 2 Type 

*******

Canton-Massillon, OH: 

Stark County ............................................. ........................ Unclassifiable/Attainment ................................. 10/22/13 Attainment. 

* * * * * * * 

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

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

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

[FR Doc. 2013–24282 Filed 10–21–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2012–0223; FRL–9900–89– 

OAR] 

RIN 2060–AR87 

Regulation of Fuels and Fuel 

Additives: Modifications to Renewable 

Fuel Standard Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: In this final rule EPA is 

amending the definition of ‘‘heating oil’’ 

in the regulations for the Renewable 

Fuel Standard (RFS) program under 

section 211(o) of the Clean Air Act. This 

amendment expands the scope of 

renewable fuels that can be used to 

show compliance with the RFS 

renewable fuel volume obligations by 

adding an additional category of 

compliant renewable fuel referred to as 

‘‘fuel oils,’’ produced from qualifying 

renewable biomass and used to generate 

heat to warm buildings or other 

facilities where people live, work, 

recreate, or conduct other activities. 

Producers or importers of fuel oil that 

meets the amended definition of heating 

oil will be allowed to generate 

Renewable Identification Numbers 

(RINs), provided that the fuel oil meets 

all other requirements specified in the 

RFS regulations. Fuel oils used to 

generate process heat, power, or other 

functions are not included in this 

additional category of heating oil. All 

fuels previously included in the 

definition of heating oil continue to be 

included as heating oil for purposes of 

the RFS program. 

We are also finalizing specific 

registration, reporting, product transfer 

document, and recordkeeping 

requirements applicable specifically to 

these fuel oils, necessary to demonstrate 

that the fuel oil volume for which RINs 

were generated was or will be used to 

heat buildings for climate control for 

human comfort prior to generating RINs. 

The final rule is being adopted with 

only minor changes from the rule 

proposed on October 9, 2012, and 

responses to public comments are 

provided. 

DATES: This rule is effective on 

December 23, 2013. 

ADDRESSES: EPA established a docket 

for this action under the Docket ID No. 

EPA–HQ–OAR–2012–0223. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information may not be 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 at 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket and 

Information Center, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. You may be charged a reasonable 

fee for photocopying docket materials, 

as provided for in 40 CFR part 2. 

FOR FURTHER INFORMATION CONTACT: 

Suzanne Bessette, Office of 

Transportation and Air Quality, U.S. 

Environmental Protection Agency, 2000 

Traverwood Dr., Ann Arbor, MI 48105; 

telephone number: (734) 214–4703; fax 

number: (734) 214–4869; email address: 

bessette.suzanne@epa.gov. 


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