

[Federal Register: May 16, 2007 (Volume 72, Number 94)]
[Rules and Regulations]               
[Page 27643-27646]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my07-23]                         


[[Page 27643]]

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Part III





Environmental Protection Agency





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40 CFR Parts 52 and 81



Determination of Attainment, Approval and Promulgation of 
Implementation Plans and Designation of Areas for Air Quality Planning 
Purposes; Ohio; Redesignation of Belmont County to Attainment of the 8-
Hour Ozone Standard; Final Rule


[[Page 27644]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2006-0046; FRL-8312-8]

 
Determination of Attainment, Approval and Promulgation of 
Implementation Plans and Designation of Areas for Air Quality Planning 
Purposes; Ohio; Redesignation of Belmont County to Attainment of the 8-
Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On June 20, 2006, the Ohio Environmental Protection Agency 
(Ohio EPA), submitted a request to redesignate Belmont County (the Ohio 
portion of the Wheeling, West Virginia-Ohio (WV-OH) bi-state ozone 
nonattainment area) to attainment of the 8-hour ozone National Ambient 
Air Quality Standard (NAAQS). Additional information was also submitted 
on August 24, 2006 and December 4, 2006. In these submittals, Ohio EPA 
also requested EPA approval of an Ohio State Implementation Plan (SIP) 
revision containing a 12-year maintenance plan for the County. EPA is 
making a determination that the Wheeling (WV-OH) nonattainment area has 
attained the 8-hour ozone NAAQS. This determination is based on three 
years of complete, quality-assured ambient air quality monitoring data 
for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone 
NAAQS has been attained. Quality assured monitoring data for 2006 shows 
that the area continues to attain the standard. EPA is approving, as a 
SIP revision, the State's maintenance plan for Belmont County. As a 
result, Ohio has satisfied the criteria for redesignation of Belmont 
County to attainment and EPA is approving the requested redesignation. 
Further, EPA is approving, for purposes of transportation conformity, 
the motor vehicle emission budgets (MVEBs) for the year 2018 that are 
contained in 8-hour ozone maintenance plan.

DATES: This final rule is effective on June 15, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2006-0046. All documents in the docket are listed on 
the http://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 http://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 Steve Marquardt, 
Environmental Engineer, at (312) 353-3214 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Steve Marquardt, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-3214, 
marquardt.steve@epa.gov.


SUPPLEMENTARY INFORMATION: In the following, whenever ``we,'' ``us,'' 
or ``our'' are used, we mean the United States Environmental Protection 
Agency.

Table of Contents

I. What Is the Background for This Rule?
II. What Comments Did We Receive on the Proposed Action?
III. What Are Our Final Actions?
IV. Statutory and Executive Order Review

I. What Is the Background for This Rule?

    The Clean Air Act (CAA) requires EPA to designate as nonattainment 
any area that is violating the 8-hour ozone NAAQS based on three 
consecutive years of air quality monitoring data. EPA designated 
Belmont County as part of the Wheeling WV-OH nonattainment area in a 
Federal Register notice published on April 30, 2004, (69 FR 23857). At 
the same time EPA classified the area as a subpart 1 8-hour ozone 
nonattainment area, based on air quality monitoring data from 2001-
2003.
    On June 20, 2006, Ohio EPA submitted a request for redesignation of 
Belmont County, Ohio to attainment for the 8-hour ozone standard. 
Additional supporting information was also submitted on August 24, 2006 
and December 4, 2006. The redesignation request included three years of 
complete, quality-assured data for the period of 2003 through 2005, 
indicating the 8-hour NAAQS for ozone had been achieved. The data 
satisfy the CAA requirements for attainment when the 3-year average of 
the annual fourth-highest daily maximum 8-hour average ozone 
concentration is less than or equal to 0.08 ppm. Under the CAA, 
nonattainment areas may be redesignated to attainment if sufficient 
complete, quality-assured data are available for the Administrator to 
determine that the areas have attained the standard and the areas meet 
the other CAA redesignation requirements in section 107(d)(3)(E). The 
December 27, 2006, proposed rule (71 FR 77666) provides a discussion of 
how the State of Ohio met these requirements for the area.

II. What Comments Did We Receive on the Proposed Action?

    EPA provided a 30-day review and comment period on the December 27, 
2006, proposed rule. EPA received no comments.
    The United States Court of Appeals for the District of Columbia 
Circuit recently vacated EPA's April 30, 2004 ``Final Rule to Implement 
the 8-Hour Ozone National Ambient Standard'' (the Phase 1 
implementation rule). South Coast Air Quality Management District v. 
EPA, No. 04-1200, 472 F.3d 882 (D.C. Cir. 2007). EPA issued a 
supplemental proposed rulemaking that set forth its views on the 
potential effect of the Court's ruling on these and other proposed 
redesignation actions. 72 FR 13452 (March 22, 2007). EPA proposed to 
find that the Court's ruling does not alter any requirements relevant 
to the proposed redesignations that would prevent EPA from finalizing 
these redesignations, for the reasons fully explained in the 
supplemental notice. The public comment period on this supplemental 
proposed rulemaking closed on April 6, 2007. EPA received six comments, 
all supporting EPA's supplemental proposed rulemaking, and supporting 
redesignation of the affected areas. EPA recognizes the support 
provided in these comments and does not find that any specific response 
is necessary with respect to these supportive comments. Accordingly, 
EPA is proceeding with redesignation of these areas as proposed.

III. What Are Our Final Actions?

    EPA is taking several related actions. EPA is making a 
determination that the Wheeling (WV-OH) nonattainment area has attained 
the 8-hour ozone standard. EPA is approving Ohio's maintenance plan SIP 
revision for Belmont County (such approval being one of the CAA 
criteria for redesignation to attainment status). The maintenance plan 
is designed, in conjunction with the maintenance plan developed by West 
Virginia, to keep the Wheeling WV-OH area in attainment for ozone 
through 2018. Because Ohio has met these and

[[Page 27645]]

other prerequisites for redesignation, EPA is approving the State's 
request to change the legal designation of Belmont County from 
nonattainment to attainment for the 8-hour ozone NAAQS. In addition, 
and supported by and consistent with the ozone maintenance plan, EPA is 
approving the 2018 VOC and NOX MVEBs for transportation 
conformity purposes. The 2018 MVEBs for Belmont County, Ohio are 1.52 
tons per day for volatile organic compounds (VOC) and 1.91 tons per day 
for oxides of nitrogen (NOX). West Virginia develops MVEBs 
for its portion of the area.

IV. Statutory and Executive Order Review

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and, therefore, is 
not subject to review by the Office of Management and Budget.

Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' this action 
is also not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Redesignation of an area to attainment under 
section 107(d)(3)(E) of the Clean Air Act does not impose any new 
requirements on small entities. Redesignation is an action that affects 
the status of a geographical area and does not impose any new 
regulatory requirements on sources. Accordingly, the Administrator 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by state law, it 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).

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it 
does not have substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). Redesignation is an action that merely affects the status of 
a geographical area, and does not impose any new requirements on 
sources, or allows a state to avoid adopting or implementing additional 
requirements, and does not alter the relationship or distribution of 
power and responsibilities established in the Clean Air Act.

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it approves a state rule implementing a 
Federal Standard.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
state to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Redesignation is an 
action that affects the status of a geographical area but does not 
impose any new requirements on sources. Thus, the requirements of 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Congressional Review Act

    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 rule 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 16, 2007. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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 force its requirements. (See Section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Volatile 
organic compounds.

40 CFR Part 81

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

    Dated: May 2, 2007.
Margaret Guerriero,
Acting Regional Administrator, Region 5.
    Parts 52 and 81, chapter I, title 40 of the Code of Federal 
Regulations is amended as follows:

[[Page 27646]]

PART 52--[AMENDED]

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

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

Subpart KK--Ohio

0
2. Section 52.1885 is amended by adding paragraph (ff)(2) to read as 
follows:


Sec.  52.1885  Control strategy: Ozone.

* * * * *
    (ff) * * *
    (2) Belmont County, as submitted on June 20, 2006, and supplemented 
on August 24, 2006, and December 4, 2006. The maintenance plan 
establishes 2018 motor vehicle emission budgets for Belmont County of 
1.52 tons per day for volatile organic compounds and 1.91 tons per day 
for oxides of nitrogen.

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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


0
2. Section 81.336 is amended by revising the entry for Wheeling, WV-OH: 
Belmont County in the table entitled ``Ohio Ozone (8-Hour Standard)'' 
to read as follows:


Sec.  81.336  Ohio.

* * * * *

                                                              Ohio Ozone (8-Hour Standard)
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                                                                   Designation \a\                                           Classification
           Designated area            ------------------------------------------------------------------------------------------------------------------
                                                     Date\1\                               Type                               Date\1\               Type
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                                                                      * * * * * * *
Wheeling, WV-OH: Belmont County......  6/15/2007                            Attainment.

                                                                      * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

[FR Doc. E7-9149 Filed 5-15-07; 8:45 am]

BILLING CODE 6560-50-P
