[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Rules and Regulations]
[Pages 59258-59260]
[FR Doc No: 2013-23242]

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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 Dayton-Springfield Area to Attainment of the
1997 Annual Standard for Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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<PHONE_NUMBER> 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,<PHONE_NUMBER><EMAIL_ADDRESS>
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

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         2015 Safety     2015 Mobile        2022         2022 Safety     2022 Mobile
                                                             Emissions        margin          budget         Emissions        margin          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

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

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

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

0
2. Section 52.1880 is amended by adding paragraphs (p)(7) and (q)(7) to
read as follows:

Sec.  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

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

    Authority:  42 U.S.C. 7401 et seq.
0
4. Section 81.336 is amended by revising the entry for Dayton-
Springfield, OH in the table entitled ``Ohio--PM2.5(Annual
NAAQS)'' to read as follows:

Sec.  81.336  Ohio.

* * * * *

                               Ohio--PM2.5
                             [Annual NAAQS]
------------------------------------------------------------------------
                                             Designation \a\
        Designated area         ----------------------------------------
                                     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.
\1\ This 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


[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Notices]
[Page 32415]
[FR Doc No: 2013-12802]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

Internal Agency Docket No. FEMA-4115-DR; Docket ID FEMA-2013-0001]

South Dakota; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of South Dakota (FEMA-4115-DR), dated May 10,
2013, and related determinations.

DATES: Effective Date: May 10, 2013.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated May 10, 2013, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of South Dakota resulting from a severe winter storm and snowstorm
during the period of April 8-10, 2013, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of South Dakota.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State. You are
further authorized to provide snow assistance under the Public
Assistance program for a limited period of time during or proximate
to the incident period. Consistent with the requirement that Federal
assistance is supplemental, any Federal funds provided under the
Stafford Act for Public Assistance and Hazard Mitigation will be
limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Gary R. Stanley, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of South Dakota have been
designated as adversely affected by this major disaster:

    Douglas, Hutchinson, Lincoln, McCook, Minnehaha, Shannon, and
Turner Counties and the Pine Ridge Reservation located within
Shannon County for Public Assistance. Snow assistance will be
provided for a period of 48 hours for Shannon County and the Pine
Ridge Reservation located within Shannon County.
    All counties within the State of South Dakota are eligible to
apply for assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-12802 Filed 5-29-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Notices]
[Page 41057]
[FR Doc No: 2013-16319]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2305-036]

Sabine River Authority of Texas and Sabine River Authority, State
of Louisiana; Public Meetings Soliciting Comments on the Draft
Environmental Impact Statement for the Toledo Bend Hydroelectric
Project

    On May 17, 2013, the Commission issued a Draft Environmental Impact
Statement (draft EIS) for the Toledo Bend Hydroelectric Project No
2105-036 (Toledo Bend Project). The draft EIS documents the views of
governmental agencies, non-governmental organizations, affected Indian
tribes, the public, the license applicants, and Commission staff. All
written comments must be filed by August 5, 2013, and should reference
Project No. 2105-036. More information on filing comments can be found
in the letter at the front of the draft EIS or on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. Although the
Commission strongly encourages electronic filing, documents may also be
paper-filed.
    In addition to or in lieu of sending written comments, you are
invited to attend public meetings that will be held to receive comments
on the draft EIS. The daytime meeting will focus on resource agency,
Indian tribes, and non-governmental organization comments, while the
evening meeting is primarily for receiving input from the public. All
interested individuals and entities are invited to attend one or both
of the public meetings. The time and location of the meetings are as
follows:

DATE: Tuesday, July 30, 2013
TIME: 10:30 a.m.
PLACE: Orange Public Library
ADDRESS: 220 North Fifth Street, Orange, Texas 77630,<PHONE_NUMBER>

DATE: Wednesday, July 31, 2013
TIME: 7 p.m.
PLACE: Cypress Bend Conference Center
ADDRESS: 2000 Cypress Bend Parkway, Many, Louisiana, 71449, (877) 519-
1500

    At this meeting, resource agency personnel and other interested
persons will have the opportunity to provide oral and written comments
and recommendations regarding the draft EIS. The meeting will be
recorded by a court reporter, and all statements (verbal and written)
will become part of the Commission's public record for the project.
This meeting is posted on the Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx along with other related
information.
    For further information, contact Alan Mitchnick at<PHONE_NUMBER>
or at<EMAIL_ADDRESS>
    Dated: July 1, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-16319 Filed 7-8-13; 8:45 am]
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