[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Rules and Regulations]
[Pages 83158-83160]
[FR Doc No: 2016-27852]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA R05 OAR 2015-0599; FRL-9955-37-Region 5]

Designation of Areas for Air Quality Planning Purposes; Ohio;
Redesignation of the Ohio Portion of the Campbell-Clermont KY-OH Sulfur
Dioxide Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In accordance with the Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is redesignating the Ohio portion of the
Campbell-Clermont KY-OH sulfur dioxide (SO2) nonattainment
area from nonattainment to attainment. The Ohio portion of this area
consists of Pierce Township in Clermont County, Ohio. EPA is also
approving Ohio's maintenance plan, submitted on August 11, 2015. The
primary emission source in the area has permanently closed, and the air
quality in the area is now meeting the SO2 standard. EPA
received one comment in support of the redesignation.

DATES: This final rule is effective on November 21, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2015-0599. 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
through www.regulations.gov or 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 Mary Portanova, Environmental Engineer, at (312)
353-5954 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Mary Portanova, 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
II. What comments were received on the proposal?
III. How does this affect the finding of failure to submit?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. Background

    On July 20, 2016 (81 FR 47144), EPA proposed to redesignate the
Ohio portion of the Campbell-Clermont KY-OH nonattainment area to
attainment of the 2010 SO2 National Ambient Air Quality
Standard (NAAQS), because Ohio demonstrated that the most culpable
source had closed, because the local SO2 monitor was now
registering attainment, and because various additional analyses showed
that no other sources in or near the area were causing or contributing
to violations in the area. The Ohio portion of the nonattainment area
consists of Pierce Township in Clermont County. EPA also proposed to
approve Ohio's maintenance plan for this area.

II. What comments were received on the proposal?

    EPA received one comment on the proposal. Cheri A. Budzynski
commented on August 19, 2016, on behalf of the Ohio Utility Group and
its member companies (the Utilities). The comment states that the
Utilities support the proposed action and believe that it should be
finalized. This was the only comment EPA received on this notice of
proposed rulemaking.

III. How does this affect the finding of failure to submit?

    On March 18, 2016 (81 FR 14736), EPA published a finding that Ohio
had failed to submit a nonattainment State Implementation Plan (SIP)
for the Campbell-Clermont KY-OH SO2 nonattainment area by
the required deadline of April 4, 2015. Because the main SO2
emission source in the nonattainment area had closed and the design
value at the Campbell County, Kentucky, air quality monitor was in
attainment of the SO2 standard after 2014, instead of a full
nonattainment SIP for this area, Ohio decided to submit a redesignation
request. Ohio presented this decision in its April 3, 2015,
nonattainment SIP submittal, and submitted its redesignation request on
August 11, 2015. EPA's March 18, 2016, finding of failure to submit
would require the imposition of sanctions if the SIP requirements are
not met within 18 months; that is, by October 18, 2017. Since EPA is
finalizing the redesignation of the Ohio portion of the Campbell-
Clermont KY-OH SO2 nonattainment area before October 18,
2017, EPA no longer requires Ohio to submit a nonattainment SIP for the
area, and the sanctions described in the March 18, 2016, finding will
not take effect.

IV. What action is EPA taking?

    EPA is redesignating Pierce Township, Clermont County, Ohio, to
attainment of the 2010 SO2 NAAQS. Pierce Township is the
Ohio portion of the Campbell-Clermont KY-OH SO2
nonattainment area. Ohio has met the CAA requirements for
redesignation. EPA is also approving Ohio's maintenance plan, submitted
on August 11, 2015.
    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. This rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, this rule relieves Ohio of various requirements for the
Ohio portion of the Campbell-Clermont 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.

V. 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 a 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 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 (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 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 January 20, 2017. 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, Reporting and recordkeeping
requirements, Sulfur oxides.

40 CFR Part 81

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

    Dated: November 9, 2016.
Robert A. Kaplan,
Acting 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. In Sec.  52.1870 the table in paragraph (e) is amended by adding an
entry for ``SO2 (2010)'' in alphabetical order under
``Summary of Criteria Pollutant Maintenance Plan'' to read as follows:

Sec.  52.1870   Identification of plan.

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    (e) * * *

                         EPA-Approved Ohio Nonregulatory And Quasi-Regulatory Provisions
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                               Applicable geographical
            Title               or non-attainment area     State date          EPA approval          Comments
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                                                   * * * * * *
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                                 Summary of Criteria Pollutant Maintenance Plan
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                                                   * * * * * *
SO2 (2010)...................  Campbell-Clermont             8/11/2015   11/21/2016, [insert
                                (Pierce Township in                       Federal Register
                                Clermont County).                         citation].

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0
3. Section 52.1881 is amended by adding paragraph (a)(16) to read as
follows:

Sec.  52.1881   Control strategy: Sulfur oxides (sulfur dioxide).

    (a) * * *
    (16) Approval--The 2010 SO2 maintenance plan for the
Ohio portion of the Campbell-Clermont KY-OH (Pierce Township, Clermont
County), has been approved as submitted on August 11, 2015.
* * * * *

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

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

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

0
5. Section 81.336 is amended by revising the entry for ``Campbell-
Clermont Counties, KY-OH'' in the table entitled ``Ohio--2010 Sulfur
Dioxide NAAQS [Primary]'' to read as follows:

Sec.  81.336   Ohio.

* * * * *

                     Ohio--2010 Sulfur Dioxide NAAQS
                                [Primary]
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                                               Designation
        Designated area         ----------------------------------------
                                       Date                Type
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Campbell-Clermont Counties, KY-        11/21/16   Attainment.
 OH \1\.
Clermont County (part):
Pierce Township

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\1\ Excludes Indian country located in each area, if any, unless
  otherwise specified.

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[FR Doc. 2016-27852 Filed 11-18-16; 8:45 am]
 BILLING CODE 6560-50-P