Designation of Areas for Air Quality Planning Purposes; Ohio

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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