81 FR 91035 - Air Plan Approval; Ohio; Redesignation of the Ohio Portion of the Cincinnati, Ohio-Kentucky-Indiana Area to Attainment of the 2008 Ozone Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 242 (December 16, 2016)
Federal Register Volume 81, Issue 242 (December 16, 2016)
| Page Range | 91035-91037 | |
| FR Document | 2016-30054 |
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)] [Rules and Regulations] [Pages 91035-91037] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30054] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R05-OAR-2016-0269; FRL-9956-60-Region 5] Air Plan Approval; Ohio; Redesignation of the Ohio Portion of the Cincinnati, Ohio-Kentucky-Indiana Area to Attainment of the 2008 Ozone Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finding that the Cincinnati, Ohio-Kentucky-Indiana area is attaining the 2008 ozone National Ambient Air Quality Standard (NAAQS or standard) and is redesignating the Ohio portion of the Cincinnati area to attainment for the 2008 ozone NAAQS because the area meets the statutory requirements for redesignation under the Clean Air Act (CAA or Act). The Cincinnati area includes Butler, Clermont, Clinton, Hamilton, and Warren Counties in Ohio; Lawrenceburg Township in Dearborn County, Indiana; and, Boone, Campbell, and Kenton Counties in Kentucky. EPA is also approving, as a revision to the Ohio State Implementation Plan (SIP), the state's plan for maintaining the 2008 ozone standard through 2030 in the Cincinnati area. Finally, EPA finds adequate and is approving the state's 2020 and 2030 volatile organic compound (VOC) and oxides of nitrogen (NOX ) Motor Vehicle Emission Budgets (MVEBs) for the Ohio and Indiana portion of the Cincinnati area. The Ohio Environmental Protection Agency (Ohio EPA) submitted the SIP revision and redesignation request on April 21, 2016. DATES: This final rule is effective December 16, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2016-0269. All documents in the docket are listed in the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information 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 form. Publicly available docket materials are available either through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, 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) 886-1767, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. I. What is being addressed in this document? This rule takes action on the submission from Ohio EPA, dated April 21, 2016, requesting redesignation of the Ohio portion of the Cincinnati area to attainment for the 2008 ozone standard. The background for today's action is discussed in detail in EPA's proposal, dated September 28, 2016 (81 FR 66602). In that rulemaking, we noted that, under EPA regulations at 40 CFR part 50, the 2008 ozone NAAQS is attained in an area when the 3-year average of the annual fourth highest daily maximum 8-hour average concentration is equal to or less than 0.075 ppm, when truncated after the thousandth decimal place, at all of the ozone monitoring sites in the area. (See 40 CFR 50.15 and appendix P to 40 CFR part 50.) Under the CAA, EPA may redesignate nonattainment areas to attainment if sufficient complete, quality- assured data are available to determine that the area has attained the standard and if it meets the other CAA redesignation requirements in section 107(d)(3)(E). The proposed rule, dated September 28, 2016, provides a detailed discussion of how Ohio has met these CAA requirements. As discussed in the September 28, 2016, proposal, quality-assured and certified monitoring data for 2013-2015 and preliminary data for 2016 show that the Cincinnati area has attained and continues to attain the 2008 ozone standard. In the maintenance plan submitted for the area, Ohio has demonstrated that the ozone standard will be maintained in the area through 2030. Finally, Ohio and Indiana have adopted 2020 and 2030 VOC and NOX MVEBs for the Ohio and Indiana portion of the Cincinnati area that are supported by Ohio's maintenance demonstration. II. What comments did we receive on the proposed rule? EPA provided a 30-day review and comment period for the September 28, 2016, proposed rule. The comment period ended on October 28, 2016. During the comment period, comments in support of the action were submitted on behalf of the Ohio Utility Group and its member companies. We received no adverse comments on the proposed rule. III. What action is EPA taking? EPA is determining that the Cincinnati nonattainment is attaining the 2008 ozone standard, based on quality-assured and certified monitoring data for 2013-2015 and that the Ohio portion of this area has met the requirements for redesignation under section 107(d)(3)(E) of the CAA. EPA is thus changing the legal designation of the Ohio portion of the Cincinnati area from nonattainment to attainment for the 2008 ozone standard. EPA is also approving, as a revision to the Ohio SIP, the state's maintenance plan for the area. The maintenance plan is designed to keep the Cincinnati area in [[Page 91036]] attainment of the 2008 ozone NAAQS through 2030. Finally, EPA finds adequate and is approving the newly-established 2020 and 2030 MVEBs for the Indiana and Ohio portion of the Cincinnati area. In accordance with 5 U.S.C. 553(d), EPA finds there is good cause for these actions 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. Today's rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, today's rule relieves the state of planning requirements for this ozone nonattainment area. For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these actions to become effective on the date of publication of these actions. IV. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability 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 those imposed by state law. For that reason, 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 a 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, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because redesignation is an action that affects the status of a geographical area and does not impose any new regulatory requirements on tribes, impact any existing sources of air pollution on tribal lands, nor impair the maintenance of ozone national ambient air quality standards in tribal lands. 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 February 14, 2017. 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, Oxides of nitrogen, Ozone, Volatile organic compounds. 40 CFR Part 81 Environmental protection, Administrative practice and procedure, Air pollution control, Designations and classifications, Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: December 5, 2016. Robert A. Kaplan, Acting Regional Administrator, Region 5. Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--[AMENDED] 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. Section 52.1885 is amended by revising paragraph (ff) introductory text and adding paragraph (pp) to read as follows: [[Page 91037]] Sec. 52.1885 Control strategy: Ozone. * * * * * (ff) Approval--The 1997 8-hour ozone standard maintenance plans for the following areas have been approved: * * * * * (pp) Approval--The 2008 8-hour ozone standard maintenance plans for the following areas have been approved: (1) Approval--On April 21, 2016, the Ohio Environmental Protection Agency submitted a request to redesignate the Ohio portion of the Cincinnati, OH-KY-IN area to attainment of the 2008 ozone NAAQS. As part of the redesignation request, the State submitted a maintenance plan as required by section 175A of the Clean Air Act. Elements of the section 175 maintenance plan include a contingency plan and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. The 2020 motor vehicle emissions budgets for the Ohio and Indiana portions of the Cincinnati, OH-KY-IN area are 30.00 tons per summer day (TPSD) for VOC and 26.77 TPSD for NO X . The 2030 motor vehicle emissions budgets for the Ohio and Indiana portions of the area are 18.22 TPSD for VOC and 16.22 TPSD for NOX . PART 81--[AMENDED] 0 1. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. Section 81.336 is amended by revising the entry for Cincinnati, OH- KY-IN in the table entitled ``Ohio--2008 8-Hour Ozone NAAQS (Primary and secondary)'' to read as follows: Sec. 81.336 Ohio. * * * * * Ohio--2008 8-Hour Ozone NAAQS [Primary and secondary] ---------------------------------------------------------------------------------------------------------------- Designation Classification Designated area ------------------------------------------------------------------------------- Date \1\ Type Date \1\ Type ---------------------------------------------------------------------------------------------------------------- Cincinnati, OH-KY-IN: \2\....... December 16, 2016. Attainment. Butler County Clermont County Clinton County Hamilton County Warren County * * * * * * * ---------------------------------------------------------------------------------------------------------------- \1\ This date is July 20, 2012, unless otherwise noted. \2\ Excludes Indian country located in each area, unless otherwise noted. * * * * * [FR Doc. 2016-30054 Filed 12-15-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations 91035
TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS
State
State section Title/subject EPA approval date Explanation
effective date
* * * * * * *
32.0 ................... Use of Evidence ............................ 11/12/2015 12/16/2016, [Insert citation of pub- EPA is replacing the language in
lication]. Section 32.1(C) with ‘‘(Re-
served)’’.
* * * * * * *
* * * * * ADDRESSES: EPA has established a redesignate nonattainment areas to
[FR Doc. 2016–30056 Filed 12–15–16; 8:45 am] docket for this action under Docket ID attainment if sufficient complete,
BILLING CODE 6560–50–P No. EPA–R05–OAR–2016–0269. All quality-assured data are available to
documents in the docket are listed in determine that the area has attained the
the http://www.regulations.gov Web standard and if it meets the other CAA
ENVIRONMENTAL PROTECTION site. Although listed in the index, some redesignation requirements in section
AGENCY information is not publicly available, 107(d)(3)(E). The proposed rule, dated
e.g., Confidential Business Information September 28, 2016, provides a detailed
40 CFR Parts 52 and 81 or other information whose disclosure is discussion of how Ohio has met these
restricted by statute. Certain other CAA requirements.
[EPA–R05–OAR–2016–0269; FRL–9956–60– material, such as copyrighted material,
Region 5] As discussed in the September 28,
is not placed on the Internet and will be 2016, proposal, quality-assured and
Air Plan Approval; Ohio; publicly available only in hard copy certified monitoring data for 2013–2015
Redesignation of the Ohio Portion of form. Publicly available docket and preliminary data for 2016 show that
the Cincinnati, Ohio-Kentucky-Indiana materials are available either through the Cincinnati area has attained and
Area to Attainment of the 2008 Ozone http://www.regulations.gov, or please continues to attain the 2008 ozone
Standard contact the person identified in the FOR standard. In the maintenance plan
FURTHER INFORMATION CONTACT section submitted for the area, Ohio has
AGENCY: Environmental Protection for additional availability information. demonstrated that the ozone standard
Agency (EPA). FOR FURTHER INFORMATION CONTACT: will be maintained in the area through
ACTION: Final rule. Kathleen D’Agostino, Environmental 2030. Finally, Ohio and Indiana have
Scientist, Attainment Planning and adopted 2020 and 2030 VOC and NOX
SUMMARY: The Environmental Protection Maintenance Section, Air Programs MVEBs for the Ohio and Indiana portion
Agency (EPA) is finding that the Branch (AR–18J), Environmental of the Cincinnati area that are supported
Cincinnati, Ohio-Kentucky-Indiana area Protection Agency, Region 5, 77 West by Ohio’s maintenance demonstration.
is attaining the 2008 ozone National Jackson Boulevard, Chicago, Illinois
Ambient Air Quality Standard (NAAQS II. What comments did we receive on
60604, (312) 886–1767,
or standard) and is redesignating the the proposed rule?
dagostino.kathleen@epa.gov.
Ohio portion of the Cincinnati area to SUPPLEMENTARY INFORMATION: EPA provided a 30-day review and
attainment for the 2008 ozone NAAQS Throughout this document whenever comment period for the September 28,
because the area meets the statutory ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 2016, proposed rule. The comment
requirements for redesignation under EPA. period ended on October 28, 2016.
the Clean Air Act (CAA or Act). The During the comment period, comments
Cincinnati area includes Butler, I. What is being addressed in this in support of the action were submitted
Clermont, Clinton, Hamilton, and document? on behalf of the Ohio Utility Group and
Warren Counties in Ohio; Lawrenceburg This rule takes action on the its member companies. We received no
Township in Dearborn County, Indiana; submission from Ohio EPA, dated April adverse comments on the proposed rule.
and, Boone, Campbell, and Kenton 21, 2016, requesting redesignation of the
Counties in Kentucky. EPA is also III. What action is EPA taking?
Ohio portion of the Cincinnati area to
approving, as a revision to the Ohio attainment for the 2008 ozone standard. EPA is determining that the
State Implementation Plan (SIP), the The background for today’s action is Cincinnati nonattainment is attaining
state’s plan for maintaining the 2008 discussed in detail in EPA’s proposal, the 2008 ozone standard, based on
ozone standard through 2030 in the dated September 28, 2016 (81 FR quality-assured and certified monitoring
Cincinnati area. Finally, EPA finds 66602). In that rulemaking, we noted data for 2013–2015 and that the Ohio
adequate and is approving the state’s that, under EPA regulations at 40 CFR portion of this area has met the
2020 and 2030 volatile organic part 50, the 2008 ozone NAAQS is requirements for redesignation under
compound (VOC) and oxides of nitrogen attained in an area when the 3-year section 107(d)(3)(E) of the CAA. EPA is
asabaliauskas on DSK3SPTVN1PROD with RULES
(NOX) Motor Vehicle Emission Budgets average of the annual fourth highest thus changing the legal designation of
(MVEBs) for the Ohio and Indiana daily maximum 8-hour average the Ohio portion of the Cincinnati area
portion of the Cincinnati area. The Ohio concentration is equal to or less than from nonattainment to attainment for
Environmental Protection Agency (Ohio 0.075 ppm, when truncated after the the 2008 ozone standard. EPA is also
EPA) submitted the SIP revision and thousandth decimal place, at all of the approving, as a revision to the Ohio SIP,
redesignation request on April 21, 2016. ozone monitoring sites in the area. (See the state’s maintenance plan for the
DATES: This final rule is effective 40 CFR 50.15 and appendix P to 40 CFR area. The maintenance plan is designed
December 16, 2016. part 50.) Under the CAA, EPA may to keep the Cincinnati area in
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![91036 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations
attainment of the 2008 ozone NAAQS merely approves state law as meeting Fairness Act of 1996, generally provides
through 2030. Finally, EPA finds Federal requirements and does not that before a rule may take effect, the
adequate and is approving the newly- impose additional requirements beyond agency promulgating the rule must
established 2020 and 2030 MVEBs for those imposed by state law. For that submit a rule report, which includes a
the Indiana and Ohio portion of the reason, this action: copy of the rule, to each House of the
Cincinnati area. • Is not a significant regulatory action Congress and to the Comptroller General
In accordance with 5 U.S.C. 553(d), subject to review by the Office of of the United States. EPA will submit a
EPA finds there is good cause for these Management and Budget under report containing this action and other
actions to become effective immediately Executive Orders 12866 (58 FR 51735, required information to the U.S. Senate,
upon publication. This is because a October 4, 1993) and 13563 (76 FR 3821, the U.S. House of Representatives, and
delayed effective date is unnecessary January 21, 2011); the Comptroller General of the United
due to the nature of a redesignation to • Does not impose an information States prior to publication of the rule in
attainment, which relieves the area from collection burden under the provisions the Federal Register. A major rule
certain CAA requirements that would of the Paperwork Reduction Act (44 cannot take effect until 60 days after it
otherwise apply to it. The immediate U.S.C. 3501 et seq.); is published in the Federal Register.
effective date for this action is • Is certified as not having a This action is not a ‘‘major rule’’ as
authorized under both 5 U.S.C. significant economic impact on a defined by 5 U.S.C. 804(2).
553(d)(1), which provides that substantial number of small entities Under section 307(b)(1) of the CAA,
rulemaking actions may become under the Regulatory Flexibility Act (5 petitions for judicial review of this
effective less than 30 days after U.S.C. 601 et seq.); action must be filed in the United States
publication if the rule ‘‘grants or • Does not contain any unfunded Court of Appeals for the appropriate
recognizes an exemption or relieves a mandate or significantly or uniquely circuit by February 14, 2017. Filing a
restriction,’’ and section 553(d)(3), affect small governments, as described petition for reconsideration by the
which allows an effective date less than in the Unfunded Mandates Reform Act Administrator of this final rule does not
30 days after publication ‘‘as otherwise of 1995 (Pub. L. 104–4); affect the finality of this action for the
provided by the agency for good cause • Does not have Federalism purposes of judicial review nor does it
found and published with the rule.’’ implications as specified in Executive extend the time within which a petition
The purpose of the 30-day waiting Order 13132 (64 FR 43255, August 10, for judicial review may be filed, and
period prescribed in section 553(d) is to 1999); shall not postpone the effectiveness of
give affected parties a reasonable time to • Is not an economically significant such rule or action. This action may not
adjust their behavior and prepare before regulatory action based on health or be challenged later in proceedings to
the final rule takes effect. Today’s rule, safety risks subject to Executive Order enforce its requirements. (See section
however, does not create any new 13045 (62 FR 19885, April 23, 1997); 307(b)(2).)
regulatory requirements such that • Is not a significant regulatory action
affected parties would need time to subject to Executive Order 13211 (66 FR List of Subjects
prepare before the rule takes effect. 28355, May 22, 2001);
• Is not subject to requirements of 40 CFR Part 52
Rather, today’s rule relieves the state of
planning requirements for this ozone Section 12(d) of the National Environmental protection, Air
nonattainment area. For these reasons, Technology Transfer and Advancement pollution control, Incorporation by
EPA finds good cause under 5 U.S.C. Act of 1995 (15 U.S.C. 272 note) because reference, Intergovernmental relations,
553(d)(3) for these actions to become application of those requirements would Oxides of nitrogen, Ozone, Volatile
effective on the date of publication of be inconsistent with the CAA; and organic compounds.
these actions. • Does not provide EPA with the
discretionary authority to address, as 40 CFR Part 81
IV. Statutory and Executive Order appropriate, disproportionate human Environmental protection,
Reviews health or environmental effects, using Administrative practice and procedure,
Under the CAA, redesignation of an practicable and legally permissible Air pollution control, Designations and
area to attainment and the methods, under Executive Order 12898 classifications, Intergovernmental
accompanying approval of a (59 FR 7629, February 16, 1994). relations, Nitrogen oxides, Ozone,
maintenance plan under section In addition, the SIP is not approved Reporting and recordkeeping
107(d)(3)(E) are actions that affect the to apply on any Indian reservation land requirements, Volatile organic
status of a geographical area and do not or in any other area where EPA or an compounds.
impose any additional regulatory Indian tribe has demonstrated that a Dated: December 5, 2016.
requirements on sources beyond those tribe has jurisdiction. In those areas of Robert A. Kaplan,
imposed by state law. A redesignation to Indian country, this rule does not have
Acting Regional Administrator, Region 5.
attainment does not in and of itself tribal implications as specified by
create any new requirements, but rather Executive Order 13175 (65 FR 67249, Parts 52 and 81, chapter I, title 40 of
results in the applicability of November 9, 2000), because the Code of Federal Regulations is
requirements contained in the CAA for redesignation is an action that affects amended as follows:
areas that have been redesignated to the status of a geographical area and PART 52—[AMENDED]
attainment. Moreover, the Administrator does not impose any new regulatory
asabaliauskas on DSK3SPTVN1PROD with RULES
is required to approve a SIP submission requirements on tribes, impact any ■ 1. The authority citation for part 52
that complies with the provisions of the existing sources of air pollution on continues to read as follows:
CAA and applicable Federal regulations. tribal lands, nor impair the maintenance
42 U.S.C. 7410(k); 40 CFR 52.02(a). Authority: 42 U.S.C. 7401 et seq.
of ozone national ambient air quality
Thus, in reviewing SIP submissions, standards in tribal lands. ■ 2. Section 52.1885 is amended by
EPA’s role is to approve state choices, The Congressional Review Act, 5 revising paragraph (ff) introductory text
provided that they meet the criteria of U.S.C. 801 et seq., as added by the Small and adding paragraph (pp) to read as
the CAA. Accordingly, this action Business Regulatory Enforcement follows:
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![Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations 91037
§ 52.1885 Control strategy: Ozone. maintenance plan as required by section PART 81—[AMENDED]
* * * * * 175A of the Clean Air Act. Elements of
(ff) Approval—The 1997 8-hour ozone the section 175 maintenance plan ■ 1. The authority citation for part 81
standard maintenance plans for the include a contingency plan and an continues to read as follows:
following areas have been approved: obligation to submit a subsequent
maintenance plan revision in 8 years as Authority: 42 U.S.C. 7401 et seq.
* * * * *
(pp) Approval—The 2008 8-hour required by the Clean Air Act. The 2020 ■ 2. Section 81.336 is amended by
ozone standard maintenance plans for motor vehicle emissions budgets for the
revising the entry for Cincinnati, OH-
the following areas have been approved: Ohio and Indiana portions of the
KY-IN in the table entitled ‘‘Ohio—2008
(1) Approval—On April 21, 2016, the Cincinnati, OH-KY-IN area are 30.00
tons per summer day (TPSD) for VOC 8-Hour Ozone NAAQS (Primary and
Ohio Environmental Protection Agency
submitted a request to redesignate the and 26.77 TPSD for NOX. The 2030 secondary)’’ to read as follows:
Ohio portion of the Cincinnati, OH-KY- motor vehicle emissions budgets for the § 81.336 Ohio.
IN area to attainment of the 2008 ozone Ohio and Indiana portions of the area
NAAQS. As part of the redesignation are 18.22 TPSD for VOC and 16.22 * * * * *
request, the State submitted a TPSD for NOX.
OHIO—2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation Classification
Designated area
Date 1 Type Date 1 Type
Cincinnati, OH-KY-IN: 2 ........................................................... December 16, 2016 ............... Attainment.
Butler County
Clermont County
Clinton County
Hamilton County
Warren County
* * * * * * *
1 This date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
* * * * * (phone), (202) 337–6519 (fax), guytonh@ Committee considered the request and
[FR Doc. 2016–30054 Filed 12–15–16; 8:45 am] lsc.gov. voted to make the recommendation to
BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: the Board. On October 18, 2016, the
Board voted to authorize expedited
I. Background rulemaking and the publication of the
LSC is subject to the FOIA by the final rule and request for comments.
LEGAL SERVICES CORPORATION
terms of the Legal Services Corporation LSC published the final rule and request
45 CFR Part 1602 Act. 42 U.S.C. 2996d(g). LSC has for comments on October 31, 2016, 81
implemented FOIA by adopting FR 75330, and the comment period
Procedures for Disclosure of regulations that contain the rules and closed on November 30, 2016. LSC
Information Under the Freedom of procedures LSC will follow in making received no substantive adverse
Information Act its records available to the public. LSC comments. LSC received comments
last amended its FOIA regulations in from two parties recommending
AGENCY: Legal Services Corporation. 2008. 73 FR 67791, Dec. 31, 2008. technical changes, which LSC has
ACTION: Final rule. On June 30, 2016, President Obama incorporated into this final rule where
signed into law the FOIA Improvement noted.
SUMMARY: The Legal Services
Act of 2016 (‘‘2016 Amendments’’ or the
Corporation (LSC) is revising its II. Section-by-Section Analysis
‘‘Act’’). The Act codifies a number of
regulation on procedures for disclosure
transparency and openness principles
of information under the Freedom of Section 1602.1 Purpose
and enacts housekeeping measures
Information Act to implement the
designed to facilitate FOIA requests and There are no proposed changes to this
statutorily required amendments in the
production. The revised regulations section.
FOIA Improvement Act of 2016. LSC is
described in this final rule reflect the
also making technical changes to Section 1602.2 Definitions
required changes prescribed by the Act.
improve the structure and clarity of its
LSC also clarified the language and
Freedom of Information Act (FOIA) LSC modified several existing
updated the structure of its FOIA
regulations. definitions, deleted one definition, and
asabaliauskas on DSK3SPTVN1PROD with RULES
regulations.
DATES: The final rule is effective as of In light of the deadline established by added five new definitions to make its
December 16, 2016. Congress, LSC management requested regulations clearer. LSC amended the
FOR FURTHER INFORMATION CONTACT: that the Operations and Regulations Definitions section as follows:
Helen Gerostathos Guyton, Assistant Committee (Committee) recommend Duplication. LSC modified this
General Counsel, Legal Services that the Board authorize expedited definition to require the release of
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| 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 December 16, 2016. | |
| Contact | Kathleen D'Agostino, 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) 886-1767, [email protected] | |
| FR Citation | 81 FR 91035 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Oxides of Nitrogen; Ozone; Volatile Organic Compounds; Administrative Practice and Procedure; Designations and Classifications; Nitrogen Oxides and Reporting and Recordkeeping Requirements |
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