

[Federal Register: June 12, 2007 (Volume 72, Number 112)]
[Rules and Regulations]               
[Page 32190-32193]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn07-9]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2006-1022; FRL-8324-9]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On February 15, 2007, the Ohio Environmental Protection Agency 
(Ohio EPA), submitted a request to redesignate its portion of the 
Youngstown area (Mahoning, Trumbull and Columbiana Counties) to 
attainment of the 8-hour ozone National Ambient Air Quality Standard 
(NAAQS), and a request for EPA approval of an ozone maintenance plan. 
EPA is making a determination that the Youngstown, Ohio ozone 
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 2004-2006 ozone seasons 
that demonstrate that the 8-hour ozone NAAQS has been attained in the 
area. EPA is approving, as a State Implementation Plan (SIP) revision, 
the State's maintenance plan for the Ohio portion of the area. As a 
result, Ohio has satisfied the criteria for redesignation of Mahoning, 
Trumbull and Columbiana Counties 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 years 2009 and 2018 that are contained in the 8-hour ozone 
maintenance plan for the area.

DATES: This final rule is effective on June 12, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2006-1022. 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

[[Page 32191]]

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 
Patricia Morris, Environmental Scientist, at (312) 353-8656 before 
visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental 
Scientist, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8656, 
morris.patricia@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 
Youngstown, Ohio as a 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 February 15, 2007, the Ohio EPA submitted a request to 
redesignate its portion of the Youngstown area to attainment for the 8-
hour ozone standard. The redesignation request included three years of 
complete, quality-assured data for the period of 2004 through 2006, 
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 
April 18, 2007, proposed rule (72 FR 19435) provides a discussion of 
how the State of Ohio met these requirements for the Youngstown, Ohio 
area.

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

    EPA provided a 30-day review and comment period on the April 18, 
2007, 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). This court decision 
and EPA's interpretation of the decision was discussed in the proposed 
rule. No comments were received.

III. What Are Our Final Actions?

    EPA is taking several related actions. EPA is making a 
determination that the Youngstown, Ohio nonattainment area has attained 
the 8-hour ozone standard. EPA is approving Ohio's maintenance plan SIP 
revision for Mahoning, Trumbull and Columbiana counties (such approval 
being one of the CAA criteria for redesignation to attainment status). 
The Ohio maintenance plan, in conjunction with the Pennsylvania SIP, is 
designed to keep the area in attainment for ozone through 2018. Because 
Ohio has met these and other prerequisites for redesignation, EPA is 
approving the State's request to change the legal designation of the 
counties 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 2009 and 2018 volatile organic compounds 
(VOC) and oxides of nitrogen (NOX) MVEBs for the Ohio 
counties for transportation conformity purposes. The 2009 motor vehicle 
emission budgets are 19.58 tons per day for VOCs and 33.71 tons per day 
for NOX. For 2018 the budgets are 10.36 tons per day for VOC 
and 13.29 tons per day for NOX.
    EPA finds that there is good cause for these actions to become 
effective immediately upon publication 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 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 
the State of planning requirements for these 8-hour ozone nonattainment 
areas. For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) 
for these actions to become effective on the date of publication of 
these actions.

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.).

[[Page 32192]]

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 (Pub. L. 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 August 13, 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

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

    Dated: June 1, 2007.
Walter Kovalick, Jr.,
Acting Regional Administrator, Region 5.

0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations 
are amended as follows:

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)(5) to read as 
follows:


Sec.  52.1885  Control strategy: Ozone.

* * * * *
    (ff) * * *
    (5) Mahoning, Trumbull and Columbiana Counties, as submitted on 
February 15, 2007. The maintenance plan establishes 2009 and 2018 motor 
vehicle emission budgets for Mahoning, Trumbull and Columbiana 
Counties. The 2009 motor vehicle emission budgets are 19.58 tons per 
day for volatile organic compounds (VOC) and 33.71 tons per day for 
oxides of nitrogen (NOX). For 2018 the budgets are 10.36 
tons per day for VOC and 13.29 tons per day for NOX.

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 entries for Youngstown-
Warren-Sharon, PA-OH: Columbiana, Mahoning, and Trumbull Counties in 
the table entitled ``Ohio-Ozone (8-Hour Standard)'' to read as follows:


Sec.  81.336  Ohio.

* * * * *

[[Page 32193]]



                                                                       Ohio--Ozone
                                                                    [8-Hour Standard]
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                                                       Designation \a\                                               Classification
       Designated area        --------------------------------------------------------------------------------------------------------------------------
                                            Date \1\                           Type                       Date \1\                       Type
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Youngstown-Warren-Sharon, PA-  June 12, 2007.....................
 OH:
    Columbiana County........  ..................................  Attainment                   ...........................  ...........................
    Mahoning County..........  ..................................  Attainment                   ...........................  ...........................
    Trumbull County..........  ..................................  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. E7-11229 Filed 6-11-07; 8:45 am]

BILLING CODE 6560-50-P
