Rule2023-01505
Air Plan Approval; Ohio; Redesignation of the Ohio portion of the Cincinnati, Ohio-Kentucky Area to Attainment of the 2015 Ozone Standard; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 30, 2023
Effective
January 30, 2023
Issuing agencies
Environmental Protection Agency
Abstract
This action corrects an error in a table posted in the June 9, 2022, rule redesignating the Ohio portion of the Cincinnati, Ohio- Kentucky area to attainment of the 2015 ozone National Ambient Air Quality Standard (NAAQS). The table contained motor vehicle emissions budgets (Budgets) for volatile organic compounds (VOC) and oxides of nitrogen (NO<INF>X</INF>) for the Ohio portion of the Cincinnati OH-KY area. The Budgets table in that action conflicts with the Budgets submitted by Ohio and set forth in the proposed rule. Therefore, EPA is correcting the erroneous table.
Full Text
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<title>Federal Register, Volume 88 Issue 19 (Monday, January 30, 2023)</title>
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[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5787-5788]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01505]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2021-0949; FRL-9532-03-R5]
Air Plan Approval; Ohio; Redesignation of the Ohio portion of the
Cincinnati, Ohio-Kentucky Area to Attainment of the 2015 Ozone
Standard; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: This action corrects an error in a table posted in the June 9,
2022, rule redesignating the Ohio portion of the Cincinnati, Ohio-
Kentucky area to attainment of the 2015 ozone National Ambient Air
Quality Standard (NAAQS). The table contained motor vehicle emissions
budgets (Budgets) for volatile organic compounds (VOC) and oxides of
nitrogen (NO<INF>X</INF>) for the Ohio portion of the Cincinnati OH-KY
area. The Budgets table in that action conflicts with the Budgets
submitted by Ohio and set forth in the proposed rule. Therefore, EPA is
correcting the erroneous table.
DATES: This correction is effective on January 30, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2021-0949. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> website. 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
[[Page 5788]]
the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either through
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 and facility closures
due to COVID-19. We recommend that you telephone Olivia Davidson,
Environmental Scientist, at (312) 886-0266 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Olivia Davidson, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-0266,
<a href="/cdn-cgi/l/email-protection#ff9b9e89969b8c9091d190939689969ebf9a8f9ed1989089"><span class="__cf_email__" data-cfemail="ceaaafb8a7aabda1a0e0a1a2a7b8a7af8eabbeafe0a9a1b8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: EPA published a final rule redesignating the
Ohio portion of the Cincinnati area to attainment of the 2015 ozone
NAAQS on June 9, 2022 (87 FR 35104). That rule also approved VOC and
NO<INF>X</INF> Budgets for the Ohio portion of the Cincinnati area for
transportation conformity purposes. In that rule, EPA erroneously
identified the 2015 ozone Budgets as 14.15 and 10.58 tons per day (tpd)
for NO<INF>X</INF> in 2026 and 2035, respectively, and 25.30 and 18.98
tpd for VOC in 2026 and 2035, respectively. The table in that action
conflicts with the Budgets submitted by Ohio and set forth in the
proposed rule. The Budgets submitted by Ohio are 14.15 and 10.58 tpd
for VOC in 2026 and 2035, and 25.30 and 18.98 tpd in 2026 and 2035 for
NO<INF>X</INF>. Therefore, the table is being revised to reflect the
correct Budgets.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making this rule final without prior proposal
and opportunity for comment because we are merely correcting an
incorrect citation in a previous action. Thus, notice and public
procedure are unnecessary. We find that this constitutes good cause
under 5 U.S.C. 553(b)(B).
Statutory and Executive Order Reviews
This action is not a significant regulatory action subject to
review by the Office of Management and Budget under Executive Orders
(E.O.s) 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011). This action does not impose an information
collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). Because the agency has made a ``good cause'' finding
that this action is not subject to notice-and-comment requirements
under the Administrative Procedures Act or any other statute as
indicated in the section above, it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform
Act of 1995 (UMRA) (Pub. L. 104-4). This action will not have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of governments, as
specified by E.O. 13132 (64 FR 43255, August 10, 1999). In addition,
the State Implementation Plan (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 E.O. 13175 (65 FR 67249, November 9, 2000). This
action is not subject to E.O. 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant. This action is also not
subject to E.O. 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This technical correction action does not involve
technical standards; thus the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. The action also does not involve special
consideration of environmental justice related issues as required by
E.O. 12898 (59 FR 7629, February 16, 1994).
This action is subject to the Congressional Review Act (CRA), and
EPA will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. Section 808 allows the
issuing agency to make a rule effective sooner than otherwise provided
by the CRA if the agency makes a good cause finding that notice and
public procedure is impracticable, unnecessary or contrary to the
public interest. This determination must be supported by a brief
statement. 5 U.S.C. 808(2). As stated previously, EPA had made such a
good cause finding, including the reasons therefore, and established an
effective date of January 30, 2023. This correction to 40 CFR 52 for
Ohio is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Correction
In FR Doc. 2022-12318, published in the Federal Register on June 9,
2022 (87 FR 35104), on page 35108, in first column, the table entitled
``Table 2--2026 and 2035 Budgets for the Ohio Portion for the 2015
Ozone NAAQS Maintenance Area [Tons per summer day, TPSD]'' is corrected
to read:
Table 2--2026 and 2035 Budgets for the Ohio Portion for the 2015 Ozone
NAAQS Maintenance Area
[Tons per summer day, TPSD]
------------------------------------------------------------------------
2026 2035
Pollutant Budget Budget
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NOX................................................... 25.30 18.98
VOC................................................... 14.15 10.58
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Dated: January 19, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-01505 Filed 1-27-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on January 30, 2023.
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