[Federal Register Volume 62, Number 101 (Tuesday, May 27, 1997)]
[Rules and Regulations]
[Pages 28634-28638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13751]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[OH107-1a; KY94-9717a; FRL-5830-5]
Clean Air Act Promulgation of Extension of Attainment Date for
Ozone Nonattainment Area; Ohio; Kentucky
AGENCY: Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: USEPA is extending the attainment date for the Cincinnati-
Hamilton interstate moderate ozone nonattainment area from November 15,
1996 to November 15, 1997. This extension is based in part on monitored
air quality readings for the national ambient air quality standard
(NAAQS) for ozone during 1996. Accordingly, USEPA is revising the table
in the Code of Federal Regulations concerning ozone attainment dates in
this area. In this action, USEPA is approving the States' request
through a ``direct final'' rulemaking; the rationale for this approval
is set forth below. Elsewhere in this Federal Register, USEPA is
proposing approval and soliciting comment on this action; if adverse
comments are received, USEPA will withdraw the direct final rulemaking
and address the comments received in a new final rule; otherwise no
further rulemaking will occur on this attainment date extension
request.
DATES: This rule becomes effective July 28, 1997 unless substantive
adverse comments not previously addressed by the State or USEPA are
received by June 26, 1997. If the effective date is delayed, timely
notice will be published in the Federal Register.
ADDRESSES: Comments may be mailed to Joseph M. LeVasseur at the USEPA
Region 4 address listed below or to J. Elmer Bortzer, Chief, Regulation
Development Section, Air Programs Branch (AR-18J), Region 5 at the
address listed below. Copies of the material submitted by the Kentucky
Natural Resources and Environmental Protection Cabinet (KNREPC) may be
examined during normal business hours at the following locations:
Environmental Protection Agency, Atlanta Federal Center, Region 4 Air
Planning Branch, 61 Forsyth Street S.W., Atlanta, Georgia 30303-3104.
Natural Resources and Environmental Protection Cabinet, 803 Schenkel
Lane, Frankfort, Kentucky 40601.
Copies of the materials submitted by the Ohio Environmental
Protection Agency (OEPA) may be examined during normal business hours
at the following locations:
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois, 60604.
OEPA, Division of Air Pollution Control, 1800 Watermark Drive,
Columbus, OH 43215.
FOR FURTHER INFORMATION CONTACT: Randolph O. Cano at (312) 886-6036 or
Joseph M. LeVasseur at (404) 562-9035.
SUPPLEMENTARY INFORMATION:
Request for Attainment Date Extension for the Cincinnati-Hamilton
Metropolitan Moderate Ozone Nonattainment Area
On November 7, 1996, OEPA requested a one-year attainment date
extension for the Ohio portion of the Cincinnati-Hamilton moderate
ozone nonattainment area which consists of Hamilton, Butler, Clermont
and Warren Counties in Ohio. Similarly, on November 15, 1996 KNREPC
requested a one-year attainment date extension for the Kentucky portion
of the Cincinnati-Hamilton moderate ozone nonattainment area which
consists of Kenton, Boone and Campbell Counties. Since this area was
classified as a moderate ozone nonattainment area, the statutory ozone
attainment date, as prescribed by section 181(a) of the Clean Air Act
(CAA), is November 15, 1996. The submittals request that the attainment
date be extended to November 15, 1997.
CAA Requirements and USEPA Actions Concerning Designation and
Classification
Section 107(d)(4) of the CAA requires the States and USEPA to
designate areas as attainment, nonattainment, or unclassifiable for
ozone as well as other pollutants for which national ambient air
quality standards (NAAQS) have been set. Section 181(a)(1) requires
that ozone nonattainment areas be classified as marginal, moderate,
serious, severe,
[[Page 28635]]
or extreme, depending on their air quality. In a series of Federal
Register documents, USEPA completed this process by designating and
classifying all areas of the country for ozone. See, e.g., 56 FR 58694
(Nov. 6, 1991); 57 FR 56762 (Nov. 30, 1992).
Areas designated nonattainment for ozone are required to meet
attainment dates specified under the CAA. The Cincinnati-Hamilton ozone
nonattainment area was designated nonattainment and classified moderate
for ozone pursuant to 56 FR 58694 (Nov. 6, 1991). By this
classification, its attainment date became November 15, 1996. A
discussion of the attainment dates is found in 57 FR 13498 (April 16,
1992) (the General Preamble).
CAA Requirements and USEPA Actions Concerning Meeting the Attainment
Date
Section 181(b)(2)(A) requires the Administrator, within six months
of the attainment date, to determine whether ozone nonattainment areas
attained the NAAQS. For ozone, USEPA determines attainment status on
the basis of the expected number of exceedances of the NAAQS over the
most recent three-year period. See General Preamble, 57 FR 13506. In
the case of moderate ozone nonattainment areas, the three-year period
is 1994-1996. CAA section 181(b)(2)(A) further states that, for areas
classified as marginal, moderate, or serious, if the Administrator
determines that the area did not attain the standard by its attainment
date, the area must be reclassified upward.
A review of the actual ambient air quality ozone data from the
USEPA Aerometric Information Retrieval System (AIRS), shows that a
number of air quality monitors located in the Cincinnati-Hamilton ozone
nonattainment area recorded exceedances of the NAAQS for ozone during
the three year period from 1994 to 1996. At one of these monitors,
Warren County, OH, the number of expected exceedances was 2.0 per year,
for 1994 and 1995. Because these exceedances averaged more than 1.0
over the three year period, they constitute a violation of the ozone
NAAQS for the Cincinnati-Hamilton area during this three-year period.
Thus, the area did not meet the November 15, 1996 attainment date.
However, CAA section 181(a)(5) provides an exemption from these
bump up requirements. Under this exemption, USEPA may grant up to two,
one-year extensions of the attainment date under specified conditions:
Upon application by any State, the Administrator may extend for one
additional year (hereinafter referred to as the ``Extension Year'') the
date specified in table 1 of paragraph (1) of this subsection if--
(A) The State has complied with all requirements and commitments
pertaining to the area in the applicable implementation plan, and
(B) No more than one exceedance of the national ambient air quality
standard level for ozone has occurred in the area in the year preceding
the Extension Year.
No more than two one-year extensions may be issued for a single
nonattainment area.
The USEPA interprets this provision to authorize the granting of a
one-year extension under the following minimum conditions:
(1) The State requests a one-year extension,
(2) all requirements and commitments in the USEPA-approved SIP for
the area have been complied with, and
(3) the area has no more than one measured exceedance of the NAAQS
at each monitor in the area during the year that includes the
attainment date (or the subsequent year, if a second one-year extension
is requested).
Table 1.--Exceedances of the Ozone Air Quality Standard in the Cincinnati-Hamilton Area 1994 to 1996
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Exceedances Expected
Site County/state Year measured exceedances
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Oxford \1\............................ Butler, OH.................... 1994 0 0.0
Middletown............................ Butler, OH.................... 1994 0 0.0
Middletown............................ Butler, OH.................... 1995 2 2.0
Middletown............................ Butler, OH.................... 1996 1 1.0
Hamilton.............................. Butler, OH.................... 1994 0 0.0
Hamilton.............................. Butler, OH.................... 1995 1 1.0
Hamilton.............................. Butler, OH.................... 1996 0 0.0
4430 SR 222........................... Clermont, OH.................. 1994 1 1.0
4430 SR 222........................... Clermont, OH.................. 1995 1 1.0
4430 SR 222........................... Clermont, OH.................. 1996 0 0.0
11590 Grooms Rd....................... Hamilton, OH.................. 1994 0 0.0
11590 Grooms Rd....................... Hamilton, OH.................. 1995 0 0.0
11590 Grooms Rd....................... Hamilton, OH.................. 1996 0 0.0
6950 Ripple Road...................... Hamilton, OH.................. 1994 0 0.0
6950 Ripple Road...................... Hamilton, OH.................. 1995 1 1.0
6950 Ripple Road...................... Hamilton, OH.................. 1996 0 0.0
Cincinnati............................ Hamilton, OH.................. 1994 0 0.0
Cincinnati............................ Hamilton, OH.................. 1995 1 1.0
Cincinnati............................ Hamilton, OH.................. 1996 0 0.0
Lebanon............................... Warren, OH.................... 1994 2 2.0
Lebanon............................... Warren, OH.................... 1995 2 2.0
Lebanon............................... Warren, OH.................... 1996 0 0.0
KY 338................................ Boone, KY..................... 1994 0 0.0
KY 338................................ Boone, KY..................... 1995 0 0.0
KY 338................................ Boone, KY..................... 1996 0 0.0
Dayton................................ Campbell,KY................... 1994 0 0.0
Dayton................................ Campbell, KY.................. 1995 0 0.0
Dayton................................ Campbell, KY.................. 1996 1 1.0
Covington............................. Kenton, KY.................... 1994 0 0.0
Covington............................. Kenton, KY.................... 1995 1 1.0
Covington............................. Kenton, KY.................... 1996 1 1.0
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\1\ This site was shutdown after 1994, so no data are available for 1995 and 1996.
[[Page 28636]]
In both extension requests Ohio and Kentucky indicated that they
satisfied the attainment date extension criteria in as much as no
monitors in the Cincinnati-Hamilton area monitored more than one
exceedance each during 1996. The 1996 monitoring data has been quality
controlled and quality assured, as has been the data for 1994 and 1995.
These data are summarized in Table 1. An examination of the data
indicates that three of the ten monitors recorded one exceedance each
during 1996.
Both Ohio and Kentucky certified that they are implementing the
ozone State Implementation Plans (SIPs) for the area. USEPA conducted a
review of the ozone SIPs, as contained in 40 CFR part 52 and USEPA's
electronic version of the SIP, and believes that the states are
implementing the USEPA approved ozone SIPs. Additionally, USEPA has not
made a finding of failure to implement the SIPs for the area. This
supports the States' certification that the area is implementing its
SIPs.
Ohio is implementing the requirements of the approved Ozone SIP.
Regarding implementation of the vehicle inspection and maintenance (I/
M) program, Ohio enacted legislation authorizing the I/M program and
adopted regulations for the operation of the program. The USEPA
approved the program on April 4, 1995 (See 60 FR 16989). The State of
Ohio awarded a contract for program operations, and on January 2, 1996,
Ohio began testing vehicles in the Cincinnati area. The enactment of
legislation, adoption of regulations, and the capital investment in
structures and equipment to perform testing meets the implementation
test. While the Cincinnati program has been suspended due to program
performance problems, Ohio is in compliance with CAA implementation
requirements. The Ohio Stage II vapor recovery program is fully
implemented in the Cincinnati area. The State is also collecting
emissions statements from sources in the area. The State is
implementing its SIP for conformity. Also, the area is implementing its
approved SIP which includes a program for controlling volatile organic
compound (VOC) emissions from stationary sources. This includes the
Non-Control Technique Guideline Reasonably Available Control Technique
requirements approved within the past several years for the following
plants in the Ohio portion of the area: Steelcraft Manufacturing Co,
Chevron USA Inc, International Paper Co, Morton Thiokol, Armco Steel
Co, Formica Corp, PMC Specialties Group, Hilton Davis Co, Monsanto Co,
and Proctor and Gamble.
Kentucky is implementing the requirements of its approved ozone SIP
for the Cincinnati-Hamilton interstate area. The Kentucky portion of
the area is implementing its program for controlling oxides of nitrogen
(NOx) and VOC emissions from stationary sources.
USEPA has determined that the requirements for a one-year extension
of the attainment date have been fulfilled as follows:
(1) Ohio and Kentucky have formally submitted the attainment date
extension requests.
(2) Ohio and Kentucky are currently in the process of implementing
the USEPA-approved SIPs.
(3) A review of actual ozone ambient air quality data for the
Cincinnati-Hamilton area indicates that the area has monitored no more
than one exceedance of the NAAQS at any monitor during 1996.
Therefore, USEPA approves the Ohio and Kentucky attainment date
extension requests for the Cincinnati-Hamilton ozone nonattainment
area. As a result, the Kentucky Control Strategy for Ozone which is
codified at 40 CFR 52.930 and the Ohio Control Strategy for Ozone which
is codified at 40 CFR 52.1885 are being amended to record these
attainment date extensions. The chart in 40 CFR 81.318 entitled
``Kentucky-Ozone'' is being modified to reflect USEPA's approval of
Kentucky's attainment date extension request. The chart in 40 CFR
81.336 entitled ``Ohio-Ozone'' is also being modified to reflect
USEPA's approval of Ohio's attainment date extension request.
USEPA Action
USEPA is approving the attainment date extension requests for the
Cincinnati-Hamilton moderate ozone nonattainment area from November 15,
1996 to November 15, 1997 without prior proposal because the Agency
views this as a noncontroversial amendment and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, USEPA is proposing to approve this part 52 and part 81
action should adverse or critical comments be filed. This action will
be effective July 28, 1997 unless, by June 26, 1997 adverse or critical
comments are received.
If USEPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. USEPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective on July 28, 1997.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Administrative Requirements
A. Executive Order (E.O.) 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrators under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary D. Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, USEPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Extension of an area's attainment date under the CAA does not
impose any new requirements on small entities. Extension of an
attainment date is an action that affects a geographical area and does
not impose any regulatory requirements on sources. USEPA certifies that
the approval of the attainment date extension will not affect a
substantial number of small entities.
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, USEPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal
[[Page 28637]]
governments in the aggregate; or to private sector, of $100 million or
more. Under Section 205, USEPA must select the most cost-effective and
least burdensome alternative that achieves the objectives of the rule
and is consistent with statutory requirements. Section 203 requires
USEPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely impacted by the rule.
USEPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, USEPA submitted 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
General Accounting Office prior to publication of the rule in this
Federal Register. This rule is not a ``major rule'' as defined by
section 804(2).
E. Petitions for Judicial Review
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 July 28, 1997. 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 to grant Ohio and Kentucky an extension to attain the ozone
NAAQS in the Cincinnati-Hamilton ozone nonattainment area as defined in
40 CFR 81.318 and 40 CFR 81.336 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, Ozone.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: May 16, 1997.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Dated: May 16, 1997.
Valdas V. Adamkus,
Regional Administrator, Region 5.
Parts 52 and 81 of chapter I, title 40 of the Code of Federal
Regulations are amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart S--Kentucky
2. Section 52.930 is amended by adding paragraph (d) to read as
follows:
Sec. 52.930 Control strategy: Ozone.
* * * * *
(d) Kentucky's November 15, 1996, request for a one-year attainment
date extension for the Kentucky portion of the Cincinnati-Hamilton
metropolitan moderate ozone nonattainment area which consists of
Kenton, Boone, and Campbell Counties is approved. The date for
attaining the ozone standard in these counties is November 15, 1997.
Subpart KK--Ohio
3. Section 52.1885 is amended by adding paragraph (bb) to read as
follows:
Sec. 52.1885 Control strategy: Ozone.
* * * * *
(bb) Ohio's November 7, 1996, request for a one-year attainment
date extension for the Ohio portion of the Cincinnati-Hamilton
metropolitan moderate ozone nonattainment area which consists of
Hamilton, Butler, Clermont and Warren Counties is approved. The date
for attaining the ozone standard in these counties is November 15,
1997.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. In Section 81.318, the ``Kentucky--Ozone'' table is amended by
revising the entry for the ``Cincinnati-Hamilton Area'' to read as
follows:
Sec. 81.318 Kentucky.
* * * * *
Kentucky--Ozone
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Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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Cincinnati-Hamilton Area:
Boone County............................ ........... Nonattainment............................ ........... Moderate.\2\
Campbell County......................... ........... Nonattainment............................ ........... Moderate.\2\
Kenton County........................... ........... Nonattainment............................ ........... Moderate.\2\
* * * * * * *
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\1\ This date is November 15, 1990, unless otherwise noted.
\2\ Attainment date extended to November 15, 1997.
* * * * *
3. In Section 81.336, the ``Ohio--Ozone'' table is amended by
revising the entry for the ``Cincinnati-Hamilton Area'' to read as
follows:
Sec. 81.336 Ohio.
* * * * *
[[Page 28638]]
Ohio--Ozone
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Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
Cincinnati-Hamilton Area:
Butler County........................... ........... Nonattainment............................ ........... Moderate.\2\
Clermont County......................... ........... Nonattainment............................ ........... Moderate.\2\
Hamilton County......................... ........... Nonattainment............................ ........... Moderate.\2\
Warren County........................... ........... Nonattainment............................ ........... Moderate.\2\
* * * * * * *
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\1\ This date is November 15, 1990, unless otherwise noted.
\2\ Attainment date extended to November 15, 1997.
* * * * *
[FR Doc. 97-13751 Filed 5-23-97; 8:45 am]
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