81 FR 62390 - Approval and Promulgation of Air Quality Implementation Plans; Indiana; Redesignation of the Indiana Portion of the Louisville Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 175 (September 9, 2016)
Federal Register Volume 81, Issue 175 (September 9, 2016)
| Page Range | 62390-62393 | |
| FR Document | 2016-21457 |
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)] [Rules and Regulations] [Pages 62390-62393] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21457] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R05-OAR-2011-0698; FRL-9951-95-Region 5] Approval and Promulgation of Air Quality Implementation Plans; Indiana; Redesignation of the Indiana Portion of the Louisville Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is granting Indiana's request to redesignate, under the Clean Air Act (CAA), the state of Indiana portion of the Louisville (KY-IN) (Madison Township in Jefferson County and Clark and Floyd Counties) nonattainment area to attainment of the 1997 annual standard for fine particulate matter (PM2.5 ). EPA determined that the Louisville area has attained the 1997 annual standard, and proposed on July 11, 2013, with a supplemental proposal on June 23, 2016, to approve Indiana's request to redesignate the area. EPA is taking final action today on the proposal and supplemental proposal. EPA is also taking final action in this rulemaking on several related proposals. Along with granting the change in the area's designation status, EPA is also approving Indiana's PM2.5 maintenance plan for the Louisville area as a revision to the Indiana state implementation plan (SIP) as meeting the requirements of section 175A of the CAA. EPA is approving the 2008 emissions inventory for primary PM2.5 , nitrogen oxides (NOX ), sulfur dioxide (SO2 ), volatile organic compounds (VOC) and ammonia as satisfying the requirement of the CAA for a comprehensive, current emission inventory. Finally, EPA finds adequate and is approving 2015 and 2025 primary PM2.5 and NOX motor vehicle emissions budgets (MVEBs) for the Louisville area. These MVEBs will be used in future transportation conformity analyses for the area. These actions were proposed for approval in EPA's initial action on July 11, 2013. EPA received no comments in response to the above proposals. DATES: This final rule is effective on September 9, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2011-0698. All documents in these dockets are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., 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. Publicly available docket materials are available either through www.regulations.gov or at the U.S. 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 Carolyn Persoon at (312) 353-8290 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5,77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8290, persoon.carolyn@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. What is the background for the actions? II. What actions is EPA taking? III. What is EPA's response to comments? IV. Why is EPA taking these actions? V. Final Action VI. Statutory and Executive Order Reviews [[Page 62391]] I. What is the background for the actions? On June 16, 2011, the Indiana Department of Environmental Management (IDEM) submitted its request to redesignate the Indiana portion of the Louisville nonattainment area to attainment for the 1997 annual PM2.5 NAAQS, and for EPA approval of the state's SIP revision containing a maintenance plan for the area. On July 11, 2013, (78 FR 41735), EPA proposed to grant Indiana's redesignation request and its plan for maintaining the 1997 annual PM2.5 NAAQS. EPA also proposed approval of Indiana's MVEBs for PM2.5 and NOX for 2025 for the area. EPA also proposed the 2008 emissions inventory for primary PM2.5 , NOX , SO2 , VOC and ammonia as satisfying the requirement in section 172(c)(3) of the CAA for a comprehensive, current emission inventory. Additional background for this action is set forth in EPA's July 11, 2013 (78 FR 41735), proposed rulemaking. EPA published a supplement to its July 11, 2013, proposed rulemaking on June 23, 2016 (81 FR 40834). The supplement was based on valid design values for the 2013-2015 period, demonstrating attainment of the standard for the entire Louisville area using the most recent three years of data. Previous data from 2012 and beginning of 2013 had been invalidated through a technical systems audit, which is described in the supplemental proposal. II. What actions is EPA taking? EPA has determined that the entire Louisville area is attaining the 1997 annual PM2.5 standards (81 FR 40834) and that the Indiana portion of the Louisville area has met the requirements for redesignation under section 107(d)(3)(E) of the CAA. Thus, EPA is granting the request from the state of Indiana to change the legal designation of the Indiana portion of the Louisville area from nonattainment to attainment for the 1997 annual PM2.5 NAAQS. EPA is also taking several additional actions related to Indiana's PM2.5 redesignation request, as discussed below. EPA is approving the 2008 emissions inventory for primary PM2.5 , NOX , SO2 , VOC and ammonia as satisfying the requirement in section 172(c)(3) of the CAA for a comprehensive, current emission inventory. EPA is approving Indiana's PM2.5 maintenance plan for the Indiana portion of the Louisville area as a revision to the Indiana SIP (such approval being one of the CAA criteria for redesignation to attainment status). The maintenance plan is designed to keep the Louisville area in attainment of the 1997 annual PM2.5 NAAQS through 2026. EPA also finds adequate and is approving Indiana's 2025 primary PM2.5 and NOX MVEBs for the Louisville area. These MVEBs will be used in future transportation conformity analyses for the area. III. What is EPA's response to comments? EPA received no comments on either its proposed or supplemental rulemaking. IV. Why is EPA taking these actions? EPA has determined that the Louisville area has attained the 1997 annual PM2.5 NAAQS. EPA has also determined that all other criteria have been met for the redesignation of the Indiana portion of the Louisville area from nonattainment to attainment of the 1997 annual PM2.5 NAAQS and for approval of Indiana's maintenance plan for the area. See CAA sections 107(d)(3)(E) and 175A. EPA is also approving the 2008 emissions inventory for primary PM2.5, NOX , SO2 , VOC and ammonia as satisfying the requirement in section 172(c)(3) of the CAA for a comprehensive, current emission inventory. The detailed rationale for EPA's findings and actions is set forth in the proposed rule on July 11, 2013, and a supplemental proposal on June 23, 2016. V. Final Action EPA is determining that the Indiana portion of the Louisville area has attained the standards and that the area meets the requirements for redesignation to attainment of that standard under sections 107(d)(3)(E) and 175A of the CAA. Thus, EPA is granting the request from Indiana to change the legal designation of the Indiana portion of the Louisville area from nonattainment to attainment for the 1997 annual PM2.5 NAAQS. EPA is also approving Indiana's 1997 annual PM2.5 maintenance plan for the Indiana portion of the Louisville area as a revision to the SIP because the plan meets the requirements of section 175A of the CAA. EPA is approving the 2008 emissions inventory for primary PM2.5 , NOX , SO2 , VOC and ammonia as satisfying the requirement in section 172(c)(3) of the CAA for a comprehensive, current emission inventory. Finally, EPA finds adequate and is approving Indiana's 2025 primary PM2.5 and NOX MVEBs for the Indiana portion of the Louisville area. These MVEBs will be used in future transportation conformity analyses for the area after the effective date for the adequacy finding and approval. 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 Indiana of various requirements for the Indiana portion of the Louisville 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. VI. 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 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 [[Page 62392]] those imposed by state law. For these reasons, 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 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 November 8, 2016. 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, Particulate matter. 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: August 26, 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. 52.770, the table in paragraph (e) is amended by adding an entry for ``Louisville 1997 Annual PM 2.5 Maintenance Plan'' in alphabetical order to read as follows: Sec. 52.770 Identification of plan. * * * * * (e) * * * EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Title Indiana date EPA approval Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Louisville 1997 Annual PM2.5 Maintenance 6/16/2011 9/9/2016, [insert Federal .......................... Plan. Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 0 3. Section 52.776 is amended by adding paragraphs (v)(6) and (w)(5) to read as follows: Sec. 52.776 Control strategy: Particulate matter. * * * * * (v) * * * (6) Approval--The 1997 annual PM2.5 maintenance plan for the Indiana portion of the Louisville (KY-IN) (Madison Township, Jefferson County and Clark and Floyd Counties), has been approved as submitted on June 16, 2011. The maintenance plan establishes 2025 motor vehicle emissions budgets for the Louisville area to be 324.04 tpy for primary PM2.5 and 9,311.76 tpy for NOX . (w) * * * (5) Indiana's 2008 NOX , directly emitted PM2.5 , SO2 , VOC, and ammonia emissions inventory satisfies the emission inventory requirements of section 172(c)(3) for the Louisville area. * * * * * 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 81.315 is amended by revising the entry for ``Louisville, KY-IN'' in the table entitled ``Indiana--1997 Annual PM2.5 NAAQS [Primary and secondary]'' to read as follows: [[Page 62393]] Sec. 81.315 Indiana. * * * * * Indiana--1997 Annual PM2.5 NAAQS [Primary and secondary] ---------------------------------------------------------------------------------------------------------------- Designation \a\ Classification Designated area ------------------------------------------------------------------------------- Date \1\ Type Date \2\ Type ---------------------------------------------------------------------------------------------------------------- * * * * * * * Louisville, KY-IN............... 9/9/2016 Attainment............ .............. Moderate. Clark County................ Floyd County................ Jefferson County (part) Madison Township. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \a\ Includes Indian Country located in each county or area, except as otherwise specified. \1\ This date is 90 days after January 5, 2005, unless otherwise noted. \2\ This date is July 2, 2014, unless otherwise noted. [FR Doc. 2016-21457 Filed 9-8-16; 8:45 am] BILLING CODE 6560-50-P
![62390 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
EPA-APPROVED IOWA REGULATIONS—Continued
State
Iowa Title effective EPA approval date Explanation
citation date
* * * * * * *
Chapter 31—Nonattainment Areas
567–31.1 ........... Permit Requirements Relating to Nonattainment 3/15/16 9/9/16, [Insert Federal None.
Areas. Register citation].
* * * * * * *
Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant
Deterioration (PSD) of Air Quality
567–33.1 ........... Purpose ..................................................................... 3/15/16 9/9/16, [Insert Federal None.
Register citation].
* * * * * * *
* * * * * ACTION: Final rule. DATES: This final rule is effective on
September 9, 2016.
PART 70—STATE OPERATING PERMIT SUMMARY: The Environmental Protection ADDRESSES: EPA has established a
PROGRAMS Agency (EPA) is granting Indiana’s docket for this action under Docket ID
request to redesignate, under the Clean No. EPA–R05–OAR–2011–0698. All
■ 3. The authority citation for part 70
Air Act (CAA), the state of Indiana documents in these dockets are listed on
continues to read as follows:
portion of the Louisville (KY-IN) the www.regulations.gov Web site.
Authority: 42 U.S.C. 7401, et seq. (Madison Township in Jefferson County Although listed in the index, some
■ 4. Appendix A to part 70 is amended and Clark and Floyd Counties) information is not publicly available,
by adding paragraph (q) under the nonattainment area to attainment of the e.g., CBI or other information whose
heading ‘‘Iowa’’ to read as follows: 1997 annual standard for fine disclosure is restricted by statute.
particulate matter (PM2.5). EPA Certain other material, such as
Appendix A to Part 70—Approval determined that the Louisville area has copyrighted material, is not placed on
Status of State and Local Operating attained the 1997 annual standard, and the Internet and will be publicly
Permits Programs proposed on July 11, 2013, with a available only in hard copy. Publicly
* * * * * supplemental proposal on June 23, available docket materials are available
Iowa 2016, to approve Indiana’s request to either through www.regulations.gov or
redesignate the area. EPA is taking final at the U.S. Environmental Protection
* * * * * action today on the proposal and
(q) The Iowa Department of Natural Agency, Region 5, Air and Radiation
Resources submitted for program approval a supplemental proposal. EPA is also Division, 77 West Jackson Boulevard,
revision to rules 567–22.100, 567–22.101, taking final action in this rulemaking on Chicago, Illinois 60604. This facility is
567–22.103, 567–22.105, 567–22.106, 567– several related proposals. open from 8:30 a.m. to 4:30 p.m.,
22.108, and added 567–30.4(2) on March 31, Along with granting the change in the Monday through Friday, excluding
2016. The State effective date is March 15, area’s designation status, EPA is also Federal holidays. We recommend that
2016. This revision to the Iowa program is approving Indiana’s PM2.5 maintenance you telephone Carolyn Persoon at (312)
approved effective November 8, 2016. 353–8290 before visiting the Region 5
plan for the Louisville area as a revision
* * * * * to the Indiana state implementation office.
[FR Doc. 2016–21469 Filed 9–8–16; 8:45 am]
plan (SIP) as meeting the requirements FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P of section 175A of the CAA. EPA is Carolyn Persoon, Environmental
approving the 2008 emissions inventory Engineer, Control Strategies Section, Air
for primary PM2.5, nitrogen oxides Programs Branch (AR–18J),
ENVIRONMENTAL PROTECTION
(NOX), sulfur dioxide (SO2), volatile Environmental Protection Agency,
AGENCY
organic compounds (VOC) and Region 5,77 West Jackson Boulevard,
40 CFR Parts 52 and 81 ammonia as satisfying the requirement Chicago, Illinois 60604, (312) 353–8290,
of the CAA for a comprehensive, current persoon.carolyn@epa.gov.
[EPA–R05–OAR–2011–0698; FRL–9951–95– emission inventory. Finally, EPA finds SUPPLEMENTARY INFORMATION:
Region 5] adequate and is approving 2015 and Throughout this document whenever
2025 primary PM2.5 and NOX motor ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Approval and Promulgation of Air
vehicle emissions budgets (MVEBs) for EPA. This supplementary information
Quality Implementation Plans; Indiana;
the Louisville area. These MVEBs will section is arranged as follows:
ehiers on DSK5VPTVN1PROD with RULES
Redesignation of the Indiana Portion of
be used in future transportation
the Louisville Area to Attainment of the I. What is the background for the actions?
conformity analyses for the area. These
1997 Annual Standard for Fine II. What actions is EPA taking?
actions were proposed for approval in III. What is EPA’s response to comments?
Particulate Matter
EPA’s initial action on July 11, 2013. IV. Why is EPA taking these actions?
AGENCY: Environmental Protection EPA received no comments in response V. Final Action
Agency (EPA). to the above proposals. VI. Statutory and Executive Order Reviews
VerDate Sep<11>2014 15:26 Sep 08, 2016 Jkt 238001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\09SER1.SGM 09SER1](https://thefederalregister.org/doc/81_FR_62565/page/1.svg)
![62392 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
those imposed by state law. For these practicable and legally permissible extend the time within which a petition
reasons, this action: methods, under Executive Order 12898 for judicial review may be filed, and
• Is not a ‘‘significant regulatory (59 FR 7629, February 16, 1994). shall not postpone the effectiveness of
action’’ subject to review by the Office In addition, the SIP is not approved such rule or action. This action may not
of Management and Budget under to apply on any Indian reservation land be challenged later in proceedings to
Executive Orders 12866 (58 FR 51735, or in any other area where EPA or an enforce its requirements. (See section
October 4, 1993) and 13563 (76 FR 3821, Indian tribe has demonstrated that a 307(b)(2).
January 21, 2011); tribe has jurisdiction. In those areas of
• Does not impose an information Indian country, the rule does not have List of Subjects
collection burden under the provisions tribal implications and will not impose 40 CFR Part 52
of the Paperwork Reduction Act (44 substantial direct costs on tribal
U.S.C. 3501 et seq.); governments or preempt tribal law as Environmental protection, Air
• Is certified as not having a specified by Executive Order 13175 (65 pollution control, Incorporation by
significant economic impact on a FR 67249, November 9, 2000). reference, Intergovernmental relations,
substantial number of small entities The Congressional Review Act, 5 Particulate matter.
under the Regulatory Flexibility Act (5 U.S.C. 801 et seq., as added by the Small 40 CFR Part 81
U.S.C. 601 et seq.); Business Regulatory Enforcement
• Does not contain any unfunded Fairness Act of 1996, generally provides Environmental protection, Air
mandate or significantly or uniquely that before a rule may take effect, the pollution control, National parks,
affect small governments, as described agency promulgating the rule must Wilderness areas.
in the Unfunded Mandates Reform Act submit a rule report, which includes a Dated: August 26, 2016.
of 1995 (Pub. L. 104–4); copy of the rule, to each House of the Robert A. Kaplan,
• Does not have Federalism Congress and to the Comptroller General Acting Regional Administrator, Region 5.
implications as specified in Executive of the United States. EPA will submit a
report containing this action and other 40 CFR parts 52 and 81 are amended
Order 13132 (64 FR 43255, August 10,
required information to the U.S. Senate, as follows:
1999);
• Is not an economically significant the U.S. House of Representatives, and PART 52—APPROVAL AND
regulatory action based on health or the Comptroller General of the United PROMULGATION OF
safety risks subject to Executive Order States prior to publication of the rule in IMPLEMENTATION PLANS
13045 (62 FR 19885, April 23, 1997); the Federal Register. A major rule
• Is not significant regulatory action cannot take effect until 60 days after it ■ 1. The authority citation for part 52
subject to Executive Order 13211 (66 FR is published in the Federal Register. continues to read as follows:
28355, May 22, 2001); This action is not a ‘‘major rule’’ as
• Is not subject to requirements of Authority: 42 U.S.C. 7401 et seq.
defined by 5 U.S.C. 804(2).
Section 12(d) of the National Under section 307(b)(1) of the CAA, ■ 2. In § 52.770, the table in paragraph
Technology Transfer and Advancement petitions for judicial review of this (e) is amended by adding an entry for
Act of 1995 (15 U.S.C. 272 note) because action must be filed in the United States ‘‘Louisville 1997 Annual PM2.5
application of those requirements would Court of Appeals for the appropriate Maintenance Plan’’ in alphabetical order
be inconsistent with the CAA; and, circuit by November 8, 2016. Filing a to read as follows:
• Does not provide EPA with the petition for reconsideration by the
discretionary authority to address, as Administrator of this final rule does not § 52.770 Identification of plan.
appropriate, disproportionate human affect the finality of this action for the * * * * *
health or environmental effects, using purposes of judicial review nor does it (e) * * *
EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title Indiana date EPA approval Explanation
* * * * * * *
Louisville 1997 Annual PM2.5 Mainte- 6/16/2011 9/9/2016, [insert Federal Register cita-
nance Plan. tion].
* * * * * * *
■ 3. Section 52.776 is amended by approved as submitted on June 16, 2011. PART 81—DESIGNATION OF AREAS
adding paragraphs (v)(6) and (w)(5) to The maintenance plan establishes 2025 FOR AIR QUALITY PLANNING
read as follows: motor vehicle emissions budgets for the PURPOSES
Louisville area to be 324.04 tpy for
§ 52.776 Control strategy: Particulate
matter. primary PM2.5 and 9,311.76 tpy for NOX. ■ 4. The authority citation for part 81
(w) * * * continues to read as follows:
* * * * *
Authority: 42 U.S.C. 7401, et seq.
ehiers on DSK5VPTVN1PROD with RULES
(v) * * * (5) Indiana’s 2008 NOX, directly
(6) Approval—The 1997 annual PM2.5 emitted PM2.5, SO2, VOC, and ammonia ■ 5. Section 81.315 is amended by
maintenance plan for the Indiana emissions inventory satisfies the revising the entry for ‘‘Louisville, KY-
portion of the Louisville (KY-IN) emission inventory requirements of IN’’ in the table entitled ‘‘Indiana—1997
(Madison Township, Jefferson County section 172(c)(3) for the Louisville area. Annual PM2.5 NAAQS [Primary and
and Clark and Floyd Counties), has been * * * * * secondary]’’ to read as follows:
VerDate Sep<11>2014 15:26 Sep 08, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\09SER1.SGM 09SER1](https://thefederalregister.org/doc/81_FR_62565/page/3.svg)
![Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 62393
§ 81.315 Indiana.
* * * * *
INDIANA—1997 ANNUAL PM2.5 NAAQS
[Primary and secondary]
Designation a Classification
Designated area
Date 1 Type Date 2 Type
* * * * * * *
Louisville, KY-IN .............................................................................................. 9/9/2016 Attainment ..... ........................ Moderate.
Clark County.
Floyd County.
Jefferson County (part) Madison Township.
* * * * * * *
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is 90 days after January 5, 2005, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.
[FR Doc. 2016–21457 Filed 9–8–16; 8:45 am] direct final rule in the Federal Register SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P and inform the public that the rule will
I. Background
not take effect. The incorporation by
reference of certain publications listed On September 4, 1992, EPA
ENVIRONMENTAL PROTECTION in the rule is approved by the Director promulgated 40 CFR part 55 which
AGENCY of the Federal Register as of November established requirements to control air
8, 2016. pollution from OCS sources in order to
40 CFR Part 55 attain and maintain federal and state
ADDRESSES: Submit your comments,
ambient air quality standards and to
[EPA–R03–OAR–2014–0568; FRL–9950–98– identified by Docket ID No. EPA–R03–
Region 3]
comply with the provisions of part C of
OAR–2014–0568 at http://
title I of the CAA. Forty CFR part 55
www.regulations.gov, or via email to
Outer Continental Shelf Air applies to all OCS sources offshore of
campbell.dave@epa.gov. For comments
Regulations Consistency Update for the states except those locations in the
submitted at Regulations.gov, follow the
Maryland Gulf of Mexico west of 87.5 degrees
online instructions for submitting
longitude. Section 328 of the CAA
AGENCY: Environmental Protection comments. Once submitted, comments
requires that for such source locations
Agency (EPA). cannot be edited or removed from
within 25 miles of a state’s seaward
Regulations.gov. For either manner of
ACTION: Direct final rule. boundary, the requirements shall be the
submission, the EPA may publish any
same as would be applicable if the
SUMMARY: The Environmental Protection comment received to its public docket.
source were located in the COA.
Agency (EPA) is taking direct final Do not submit electronically any
Because the OCS requirements are based
action to approve an update to a portion information you consider to be
on onshore requirements, and onshore
of the Outer Continental Shelf (OCS) Air confidential business information (CBI)
requirements may change, section
Regulations for Maryland. Requirements or other information whose disclosure is
328(a)(1) requires that EPA update the
applying to OCS sources located within restricted by statute. Multimedia
OCS requirements as necessary to
25 miles of states’ seaward boundaries submissions (audio, video, etc.) must be
maintain consistency with onshore
must be updated periodically to remain accompanied by a written comment.
requirements.
consistent with the requirements of the The written comment is considered the Pursuant to 40 CFR 55.12 of the OCS
corresponding onshore area (COA), as official comment and should include rule, consistency reviews will occur: (1)
mandated by the Clean Air Act, as discussion of all points you wish to At least annually; (2) upon receipt of a
amended in 1990 (CAA or the Act). The make. The EPA will generally not Notice of Intent under 40 CFR 55.4; or,
portion of the OCS air regulations that consider comments or comment (3) when a state or local agency submits
is being updated pertains to the contents located outside of the primary a rule to EPA to be considered for
requirements for OCS sources for which submission (i.e. on the web, cloud, or incorporation by reference in 40 CFR
Maryland is the designated COA. The other file sharing system). For part 55. This action is being taken in
intended effect of approving the OCS additional submission methods, please response to requirements submitted by
requirements for the Maryland contact the person identified in the FOR Maryland on May 6, 2016. Section
Department of the Environment is to FURTHER INFORMATION CONTACT section.
328(a) of the Act requires that EPA
regulate emissions from OCS sources in For the full EPA public comment policy, establish requirements to control air
accordance with the requirements for information about CBI or multimedia pollution from OCS sources located
onshore sources. submissions, and general guidance on within 25 miles of states’ seaward
ehiers on DSK5VPTVN1PROD with RULES
DATES: This rule is effective on
making effective comments, please visit boundaries that are the same as the
November 8, 2016 without further http://www2.epa.gov/dockets/ corresponding onshore requirements. To
notice, unless EPA receives adverse commenting-epa-dockets. comply with this statutory mandate,
written comment by October 11, 2016. FOR FURTHER INFORMATION CONTACT: EPA must incorporate applicable
If EPA receives such comments, it will David Talley, (215) 814–2117, or by onshore rules into 40 CFR part 55 as
publish a timely withdrawal of the email at talley.david@epa.gov. they exist for onshore sources. This
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Document Created: 2018-02-09 13:15:28
Document Modified: 2018-02-09 13:15:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on September 9, 2016. | |
| Contact | Carolyn Persoon, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5,77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8290, [email protected] | |
| FR Citation | 81 FR 62390 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; National Parks and Wilderness Areas |
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