[Federal Register Volume 59, Number 105 (Thursday, June 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13329]
[[Page Unknown]]
[Federal Register: June 2, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[OH44-1-5936; FRL-4890-2]
Designation of Areas for Air Quality Planning Purposes; Ohio
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Final rulemaking.
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SUMMARY: USEPA is deleting all total suspended particulate (TSP) area
designations in the State of Ohio. This direct final action was
prompted by the Ohio Environmental Protection Agency's request to
redesignate all areas in the State, except for Cuyahoga County and a
portion of Jefferson County, from TSP nonattainment to attainment.
Section 107(d)(4)(B) of the Clean Air Act (CAA) authorizes USEPA to
eliminate all area TSP designations once the increments for particulate
matter with an aerodynamic diameter less than 10 microns are
promulgated. On June 3, 1993 (58 FR 31622), USEPA published the final
rulemaking revising the prevention of significant deterioration (PSD)
particulate matter increments so that the increments are measured in
terms of particulate matter with an aerodynamic diameter less than or
equal to 10 microns (respirable particulate matter). The June 3, 1993
final rulemaking also establishes the method by which USEPA deletes
such TSP designations. Today's action becomes effective on June 3,
1994, the effective date of the respirable particulate matter
increments.
Please note that for this action, the term ``respirable particulate
matter'' only applies to particulate matter with an aerodynamic
diameter less than or equal to 10 microns. ``Respirable particulate
matter'' is not to be confused with particulate matter with an
aerodynamic diameter less than or equal to 2.5 microns.
EFFECTIVE DATE: This rulemaking will become effective on June 3, 1994.
ADDRESSES: Copies of the State submittal for this action are available
for public inspection during normal business hours at the following
address: (It is recommended that you telephone Gina Smith at (312) 886-
7018 before visiting the Region 5 Office.): U.S. Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Gina M. Smith, Air Enforcement Branch,
Regulation Development Section, (AE-17J), U.S. Environmental Protection
Agency, Region 5, Chicago, Illinois, 60604, (312) 886-7018.
SUPPLEMENTARY INFORMATION:
Background
In 1971, USEPA promulgated primary and secondary national ambient
air quality standards (NAAQS) for particulate matter to be measured as
TSP. On July 1, 1987 (52 FR 24634), USEPA revised the NAAQS for
particulate matter, replacing the TSP indicator with the respirable
particulate matter indicator. The particulate matter standard was
revised under the authority of Section 109(d) of the CAA, which
requires periodic review and, if appropriate, revision of existing
criteria and standards.
In a related rulemaking published in the July 1, 1987, Federal
Register (52 FR 24672), the Agency determined that the respirable
particulate matter standard would be implemented pursuant to section
110 of the CAA. As a result, the area designation process of section
107 and the nonattainment provisions of Part D did not apply to the
respirable particulate matter NAAQS. Consequently, TSP designations
were retained as a means of differentiating areas needing nonattainment
area new source review as opposed to attainment area prevention of
significant deterioration review and to provide for attainment area
increment tracking.
In the 1990 amendments to the CAA, section 107 established
designations of attainment status for respirable particulate matter. In
addition, section 107(d)(4)(B) expressly states that any designation
for particulate matter (measured in terms of TSP) that the
Administrator promulgated prior to enactment of the 1990 Amendments
shall remain in effect for purposes of implementing the particulate
matter (measured in terms of TSP) increments until the Administrator
determines that such designation is no longer necessary for that
purpose. Section 166(f) authorizes USEPA to replace the TSP increment
with respirable particulate matter increments.
Upon enactment of the Clean Air Act Amendments of 1990, Cuyahoga
County and a portion of Jefferson County were designated as
nonattainment areas for respirable particulate matter. These two areas,
as well as seven other areas within the State, had previously been
designated TSP nonattainment areas. Cuyahoga County and a portion of
Jefferson County will remain designated as nonattainment areas for
respirable particulate matter.
On June 3, 1993 (58 FR 31622), USEPA published the final rulemaking
revising the particulate matter increments so that they are measured in
terms of respirable particulate matter. As a result of the rulemaking,
the PSD increments and NAAQS for particulate matter will be measured by
the same indicator. The final rulemaking also establishes the method by
which USEPA will delete TSP area designations.
As stated at 58 FR 31635, the deletion of TSP area designations for
each State will occur at the same time that USEPA (1) approves a
State's revised PSD program containing the respirable particulate
matter increments, (2) promulgates the PM-10 increments into a State's
SIP when the State chooses not to adopt the increments on their own, or
(3) approves a State's request for delegation of PSD responsibility
under Sec. 52.21(u). For States already having delegated authority to
implement the Federal PSD regulations, the rulemaking states that
``USEPA will eliminate the TSP designations when the PM-10 increments
become effective under Sec. 52.21 on June 3, 1994.''
USEPA has delegated to the State of Ohio the authority to implement
the PSD program. The delegation agreement provides for automatic
adoption of the revised respirable particulate matter increments once
the increment becomes effective. On August 3, 1993 (58 FR 41218), USEPA
proposed to approve the State of Ohio's regulations providing for
attainment of respirable particulate matter air quality standards in
areas that are currently designated nonattainment and unclassifiable
for respirable particulate matter.
USEPA interprets section 107(d)(4)(B) of the CAA to allow
elimination of all TSP area designations once the respirable
particulate matter increments are promulgated. The respirable
particulate matter increments will become effective June 3, 1994 and
would automatically be delegated for implementation by the State of
Ohio. USEPA finds that the promulgation of the respirable particulate
matter increments and USEPA's proposed approval of Ohio's respirable
particulate matter SIP fulfills the criteria for eliminating TSP area
designations altogether.
Although the OEPA requested redesignation of all areas in the
State, except Cuyahoga County and Jefferson County, from TSP
nonattainment to attainment, USEPA believes that it is administratively
more efficient to delete TSP area designations totally since the
deletion eliminates the need for two rulemaking proceedings. If USEPA
were to redesignate the TSP nonattainment areas at this time, the
Agency would then have to promulgate another rulemaking on or after
June 3, 1994, when the respirable particulate matter PSD increments
become effective.
USEPA is publishing this action without prior proposal because, due
to the change from TSP to respirable particulate matter under the
particulate matter regulatory scheme, the Agency views this as a
noncontroversial amendment and anticipates no adverse comments. This
action will be effective June 3, 1994 unless, within 30 days of its
publication, notice is received that adverse critical comments will be
submitted.
If such notice of comments is received, this action will be
withdrawn before the effective date by publishing two subsequent
notices. A notice would be published withdrawing the final action, and
another notice would begin a new rulemaking by announcing a proposal of
the action and establishing a comment period. If no such comments are
received, the public is advised that this action will be effective on
June 3, 1994.
Final Action
USEPA is taking action to delete all TSP area designations in the
State of Ohio since the Agency believes it is administratively more
efficient than redesignating the TSP nonattainment areas, except for
Cuyahoga County and a portion of Jefferson County, to attainment.
Deletion of the TSP area delegations at this time eliminates the need
for two rulemaking proceedings and has the same effect as redesignating
TSP nonattainment areas to attainment. Nothing in this action should be
construed as permitting, allowing or establishing a precedent for any
future request for revision to any SIP. Each request for revision to
the SIP shall be considered separately in light of specific technical,
economic, and environmental factors and in relation to relevant
statutory and regulatory requirements.
The Agency has reviewed this action for conformance with the
provisions of the Clean Air Act Amendments of 1990 enacted on November
15, 1990 and determined that this action conforms with the statute as
amended. The Agency has examined the issue of whether this action
should be reviewed only under the provisions of the law as it existed
on the date of submittal to the Agency (i.e., prior to November 15,
1990) and has determined that the Agency must apply the new law.
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225). Under Executive Order 12866, [58 FR
51735 (October 4, 1993)] the Agency must determine whether the
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
OMB has exempted the regulatory action from Executive Order 12866
review.
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.
USEPA's action under section 110 and subchapter I, part D of the
CAA does not affect any existing requirements applicable to small
entities. Any pre-existing Federal requirements remain in place after
this action. Moreover, USEPA's action does not impose any new Federal
requirements. Therefore, USEPA certifies that this action does not have
a significant impact on a substantial number of small entities because
it does not remove existing requirements nor does it impose any new
Federal requirements.
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 August 1, 1994. This action may not be
challenged later in proceedings to enforce its requirements (see
section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
Dated: March 22, 1994.
Valdas V. Adamkus,
Regional Administrator.
40 CFR part 81 is amended as follows:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PURPOSES
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Within Sec. 81.336--Ohio, the table entitled ``Ohio-TSP'' is
removed.
[FR Doc. 94-13329 Filed 6-1-94; 8:45 am]
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