82_FR_17006 82 FR 16940 - Air Plan Approval; Indiana; Redesignation of the Indiana Portion of the Cincinnati, Ohio-Kentucky-Indiana Area to Attainment of the 2008 Ozone Standard

82 FR 16940 - Air Plan Approval; Indiana; Redesignation of the Indiana Portion of the Cincinnati, Ohio-Kentucky-Indiana Area to Attainment of the 2008 Ozone Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 66 (April 7, 2017)

Page Range16940-16943
FR Document2017-06886

The Environmental Protection Agency (EPA) is determining that the Cincinnati, Ohio-Kentucky-Indiana area is attaining the 2008 ozone National Ambient Air Quality Standard (NAAQS or standard) and approving a request from the Indiana Department of Environmental Management (IDEM) to redesignate the Indiana portion of the Cincinnati area to attainment for the 2008 ozone NAAQS because the request meets the statutory requirements for redesignation under the Clean Air Act (CAA). The Cincinnati area includes Lawrenceburg Township in Dearborn County, Indiana; Butler, Clermont, Clinton, Hamilton, and Warren Counties in Ohio; and, Boone, Campbell, and Kenton Counties in Kentucky. IDEM submitted this request on February 23, 2016, and supplemented that submittal with a revised emissions inventory on May 4, 2016. EPA is also approving, as a revision to the Indiana State Implementation Plan (SIP), the state's plan for maintaining the 2008 ozone standard through 2030 in the Cincinnati area. Additionally, EPA finds adequate and is approving the states' 2020 and 2030 volatile organic compound (VOC) and oxides of nitrogen (NO<INF>X</INF>) Motor Vehicle Emission Budgets (MVEBs) for the Indiana and Ohio portion of the Cincinnati area. Finally, EPA is approving the 2011 base year emissions inventory submitted by IDEM as meeting the base year emissions inventory requirement of the CAA for the Indiana portion of the Cincinnati area.

Federal Register, Volume 82 Issue 66 (Friday, April 7, 2017)
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16940-16943]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06886]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2016-0135; FRL-9960-79-Region 5]


Air Plan Approval; Indiana; Redesignation of the Indiana 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 determining that 
the Cincinnati, Ohio-Kentucky-Indiana area is attaining the 2008 ozone 
National Ambient Air Quality Standard (NAAQS or standard) and approving 
a request from the Indiana Department of Environmental Management 
(IDEM) to redesignate the Indiana portion of the Cincinnati area to 
attainment for the 2008 ozone NAAQS because the request meets the 
statutory requirements for redesignation under the Clean Air Act (CAA). 
The Cincinnati area includes Lawrenceburg Township in Dearborn County, 
Indiana; Butler, Clermont, Clinton, Hamilton, and Warren Counties in 
Ohio; and, Boone, Campbell, and Kenton Counties in Kentucky. IDEM 
submitted this request on February 23, 2016, and supplemented that 
submittal with a revised emissions inventory on May 4, 2016. EPA is 
also approving, as a revision to the Indiana State Implementation Plan 
(SIP), the state's plan for maintaining the 2008 ozone standard through 
2030 in the Cincinnati area. Additionally, EPA finds adequate and is 
approving the states' 2020 and 2030 volatile organic compound (VOC) and 
oxides of nitrogen (NOX) Motor Vehicle Emission Budgets 
(MVEBs) for the Indiana and Ohio portion of the Cincinnati area. 
Finally, EPA is approving the 2011 base year emissions inventory 
submitted by IDEM as meeting the base year emissions inventory 
requirement of the CAA for the Indiana portion of the Cincinnati area.

DATES: This final rule is effective on April 7, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0135. All documents in the docket are listed on 
the www.regulations.gov Web site. 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 the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov 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. We recommend 
that you telephone Eric Svingen, Environmental Engineer, at

[[Page 16941]]

(312) 353-4489 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-4489, 
[email protected].

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 being addressed in this document?
II. What comments did we receive on the proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    This rule takes action on the submission from IDEM, dated February 
23, 2016, and supplemented on May 4, 2016, requesting redesignation of 
the Indiana 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 December 27, 2016 (81 FR 95081). 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 parts per million (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 
at 81 FR 95081 provides a detailed discussion of how Indiana has met 
these CAA requirements.
    As discussed in the proposal at 81 FR 95081, 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, 
Indiana has demonstrated that the ozone standard will be maintained in 
the area through 2030. Finally, Indiana and Ohio have adopted 2020 and 
2030 VOC and NOX MVEBs for the Indiana and Ohio portion of 
the Cincinnati area that are supported by Indiana's maintenance 
demonstration.
    On June 1, 2016, Indiana submitted a separate SIP revision to 
address emissions statements rules required by CAA section 
182(a)(3)(B). EPA proposed approval of that June 1, 2016, submission in 
a separate proposed rule also published on December 27, 2016 (81 FR 
95080). As discussed in the redesignation proposal at 81 FR 95081, 
emissions statements rules must be SIP-approved on or before the date 
EPA completes final rulemaking approving redesignation requests. Today, 
in a separate rule, EPA is finalizing approval of the emissions 
statements rulemaking. That approval allows EPA to proceed with this 
redesignation approval.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period for the December 
27, 2016, proposed rule. The comment period ended on January 26, 2017. 
We received no comments on the proposed rule.

III. What action is EPA taking?

    EPA is determining that the Cincinnati nonattainment area is 
attaining the 2008 ozone standard, based on quality-assured and 
certified monitoring data for 2013-2015 and that the Indiana 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 Indiana portion of the Cincinnati area from nonattainment to 
attainment for the 2008 ozone standard. EPA is also approving, as a 
revision to the Indiana SIP, the state's maintenance plan for the area. 
The maintenance plan is designed to keep the Cincinnati area in 
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

[[Page 16942]]

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, the 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 June 6, 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: March 17, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    Parts 52 and 81, chapter I, title 40 of the Code of Federal 
Regulations 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. Section 52.777 is amended by adding paragraph (uu) to read as 
follows:


Sec.  52.777  Control strategy: photochemical oxidants (hydrocarbons).

* * * * *
    (uu) Approval--On February 23, 2016, the Indiana Department of 
Environmental Management submitted a request to redesignate the Indiana 
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 Indiana and Ohio portions of the Cincinnati, 
OH-KY-IN area are 30.02 tons per summer day (TPSD) for VOC and 30.79 
TPSD for NOX. The 2030 motor vehicle emissions budgets for 
the Indiana and Ohio portions of the area are 18.22 TPSD for VOC and 
16.22 TPSD for NOX.
* * * * *

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. In Sec.  81.315, the table entitled ``Indiana--2008 8-Hour Ozone 
NAAQS (Primary and secondary)'' is amended by revising the entry for 
``Cincinnati, OH-KY-IN:'' to read as follows:


Sec.  81.315  Indiana.

* * * * *

                                        Indiana--2008 8-Hour Ozone NAAQS
                                             (Primary and secondary)
----------------------------------------------------------------------------------------------------------------
                                                Designation                           Classification
         Designated area         -------------------------------------------------------------------------------
                                       Date \1\              Type              Date \1\              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Cincinnati, OH-KY-IN: \2\         April 7, 2017.....  Attainment.
 Dearborn County (part)
 Lawrenceburg Township.
 

[[Page 16943]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

* * * * *
[FR Doc. 2017-06886 Filed 4-6-17; 8:45 am]
 BILLING CODE 6560-50-P



                                             16940                     Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations

                                               Dated: March 20, 2017.                                      § 52.1880        Control strategy: Particulate                PART 81—DESIGNATION OF AREAS
                                             Robert A. Kaplan,                                             matter.                                                       FOR AIR QUALITY PLANNING
                                             Acting Regional Administrator, Region 5.                      *     *     *     *     *                                     PURPOSES
                                               40 CFR part 52 and 81 are amended                             (q) * * *
                                             as follows:                                                     (1) Ohio’s 2005 NOX, directly emitted                       ■ 3. The authority citation for part 81
                                                                                                           PM2.5, and SO2 emissions inventory; and                       continues to read as follows:
                                             PART 52—APPROVAL AND                                          2007 VOCs and ammonia emissions                                   Authority: 42 U.S.C. 7401 et seq.
                                             PROMULGATION OF                                               inventory, satisfy the emission
                                             IMPLEMENTATION PLANS                                          inventory requirements of section                             ■  4. Section 81.336 is amended by
                                                                                                           172(c)(3) for the Cincinnati-Hamilton                         revising the column headings under
                                             ■ 1. The authority citation for part 52                       area.                                                         ‘‘Designationa’’ for ‘‘Type’’ and ‘‘Date1’’
                                             continues to read as follows:
                                                                                                           *     *     *     *     *                                     and by revising the entry for Cincinnati-
                                                 Authority: 42 U.S.C. 7401 et seq.                                                                                       Hamilton, OH in the table entitled
                                                                                                             (v) Approval—Ohio’s RACM/RACT
                                                                                                           analysis that was submitted as part of                        ‘‘Ohio—1997 Annual PM2.5 NAAQS’’ to
                                             Subpart KK—Ohio
                                                                                                           their July 18, 2008, attainment                               read as follows:
                                             ■ 2. Section 52.1880 is amended by                            demonstration satisfies the RACM/
                                                                                                                                                                         § 81.336    Ohio.
                                             revising paragraph (q)(1) and by adding                       RACT requirements of section 172(c)(1)
                                             paragraph (v) to read as follows:                             for the Cincinnati-Hamilton area.                             *       *     *       *      *

                                                                                                             OHIO—1997 ANNUAL PM2.5 NAAQS
                                                                                                                            [Primary and secondary]

                                                                                                                                       Designation a                                                 Classification
                                                           Designated area
                                                                                                                   Date 1                                         Type                             Date              Type


                                                      *                       *                           *                                *                       *                       *                     *
                                             Cincinnati-Hamilton, Ohio: ...............      April 7, 2017 ....................................   Attainment..
                                             Butler County.
                                             Clermont County.
                                             Hamilton County.
                                             Warren County.

                                                          *                        *                           *                           *                       *                       *                     *
                                                 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.


                                             *       *        *       *      *                             Cincinnati area to attainment for the                         the Indiana portion of the Cincinnati
                                             [FR Doc. 2017–06882 Filed 4–6–17; 8:45 am]                    2008 ozone NAAQS because the request                          area.
                                             BILLING CODE 6560–50–P                                        meets the statutory requirements for
                                                                                                                                                                         DATES: This final rule is effective on
                                                                                                           redesignation under the Clean Air Act
                                                                                                                                                                         April 7, 2017.
                                                                                                           (CAA). The Cincinnati area includes
                                             ENVIRONMENTAL PROTECTION                                      Lawrenceburg Township in Dearborn                             ADDRESSES:   EPA has established a
                                             AGENCY                                                        County, Indiana; Butler, Clermont,                            docket for this action under Docket ID
                                                                                                           Clinton, Hamilton, and Warren Counties                        No. EPA–R05–OAR–2016–0135. All
                                             40 CFR Parts 52 and 81
                                                                                                           in Ohio; and, Boone, Campbell, and                            documents in the docket are listed on
                                             [EPA–R05–OAR–2016–0135; FRL–9960–79–                          Kenton Counties in Kentucky. IDEM                             the www.regulations.gov Web site.
                                             Region 5]                                                                                                                   Although listed in the index, some
                                                                                                           submitted this request on February 23,
                                                                                                           2016, and supplemented that submittal                         information is not publicly available,
                                             Air Plan Approval; Indiana;                                                                                                 i.e., Confidential Business Information
                                             Redesignation of the Indiana Portion of                       with a revised emissions inventory on
                                                                                                           May 4, 2016. EPA is also approving, as                        (CBI) or other information whose
                                             the Cincinnati, Ohio-Kentucky-Indiana                                                                                       disclosure is restricted by statute.
                                             Area to Attainment of the 2008 Ozone                          a revision to the Indiana State
                                                                                                                                                                         Certain other material, such as
                                             Standard                                                      Implementation Plan (SIP), the state’s
                                                                                                                                                                         copyrighted material, is not placed on
                                                                                                           plan for maintaining the 2008 ozone
                                             AGENCY:  Environmental Protection                                                                                           the Internet and will be publicly
                                                                                                           standard through 2030 in the Cincinnati                       available only in hard copy form.
                                             Agency (EPA).                                                 area. Additionally, EPA finds adequate
                                             ACTION: Final rule.                                                                                                         Publicly available docket materials are
                                                                                                           and is approving the states’ 2020 and                         available either through
                                             SUMMARY:   The Environmental Protection                       2030 volatile organic compound (VOC)                          www.regulations.gov or at the
                                             Agency (EPA) is determining that the                          and oxides of nitrogen (NOX) Motor                            Environmental Protection Agency,
                                             Cincinnati, Ohio-Kentucky-Indiana area                        Vehicle Emission Budgets (MVEBs) for                          Region 5, Air and Radiation Division, 77
nlaroche on DSK30NT082PROD with RULES




                                             is attaining the 2008 ozone National                          the Indiana and Ohio portion of the                           West Jackson Boulevard, Chicago,
                                             Ambient Air Quality Standard (NAAQS                           Cincinnati area. Finally, EPA is                              Illinois 60604. This facility is open from
                                             or standard) and approving a request                          approving the 2011 base year emissions                        8:30 a.m. to 4:30 p.m., Monday through
                                             from the Indiana Department of                                inventory submitted by IDEM as                                Friday, excluding Federal holidays. We
                                             Environmental Management (IDEM) to                            meeting the base year emissions                               recommend that you telephone Eric
                                             redesignate the Indiana portion of the                        inventory requirement of the CAA for                          Svingen, Environmental Engineer, at


                                        VerDate Sep<11>2014       14:50 Apr 06, 2017   Jkt 241001   PO 00000       Frm 00050    Fmt 4700       Sfmt 4700   E:\FR\FM\07APR1.SGM   07APR1


                                                                   Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations                                         16941

                                             (312) 353–4489 before visiting the                      by Indiana’s maintenance                              which allows an effective date less than
                                             Region 5 office.                                        demonstration.                                        30 days after publication ‘‘as otherwise
                                             FOR FURTHER INFORMATION CONTACT:         Eric             On June 1, 2016, Indiana submitted a                provided by the agency for good cause
                                             Svingen, Environmental Engineer,                        separate SIP revision to address                      found and published with the rule.’’
                                             Attainment Planning and Maintenance                     emissions statements rules required by                The purpose of the 30-day waiting
                                             Section, Air Programs Branch (AR–18J),                  CAA section 182(a)(3)(B). EPA proposed                period prescribed in section 553(d) is to
                                             Environmental Protection Agency,                        approval of that June 1, 2016,                        give affected parties a reasonable time to
                                             Region 5, 77 West Jackson Boulevard,                    submission in a separate proposed rule                adjust their behavior and prepare before
                                             Chicago, Illinois 60604, (312) 353–4489,                also published on December 27, 2016                   the final rule takes effect. Today’s rule,
                                             svingen.eric@epa.gov.                                   (81 FR 95080). As discussed in the                    however, does not create any new
                                                                                                     redesignation proposal at 81 FR 95081,                regulatory requirements such that
                                             SUPPLEMENTARY INFORMATION:
                                                                                                     emissions statements rules must be SIP-               affected parties would need time to
                                             Throughout this document whenever                       approved on or before the date EPA                    prepare before the rule takes effect.
                                             ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean             completes final rulemaking approving                  Rather, today’s rule relieves the state of
                                             EPA. This supplementary information                     redesignation requests. Today, in a                   planning requirements for this ozone
                                             section is arranged as follows:                         separate rule, EPA is finalizing approval             nonattainment area. For these reasons,
                                             I. What is being addressed in this document?            of the emissions statements rulemaking.               EPA finds good cause under 5 U.S.C.
                                             II. What comments did we receive on the                 That approval allows EPA to proceed                   553(d)(3) for these actions to become
                                                  proposed rule?                                     with this redesignation approval.                     effective on the date of publication of
                                             III. What action is EPA taking?
                                                                                                     II. What comments did we receive on                   these actions.
                                             IV. Statutory and Executive Order Reviews
                                                                                                     the proposed rule?                                    IV. Statutory and Executive Order
                                             I. What is being addressed in this
                                                                                                        EPA provided a 30-day review and                   Reviews
                                             document?
                                                                                                     comment period for the December 27,                      Under the CAA, redesignation of an
                                                This rule takes action on the                        2016, proposed rule. The comment                      area to attainment and the
                                             submission from IDEM, dated February                    period ended on January 26, 2017. We                  accompanying approval of a
                                             23, 2016, and supplemented on May 4,                    received no comments on the proposed                  maintenance plan under section
                                             2016, requesting redesignation of the                   rule.                                                 107(d)(3)(E) are actions that affect the
                                             Indiana portion of the Cincinnati area to                                                                     status of a geographical area and do not
                                             attainment for the 2008 ozone standard.                 III. What action is EPA taking?
                                                                                                                                                           impose any additional regulatory
                                             The background for today’s action is                       EPA is determining that the                        requirements on sources beyond those
                                             discussed in detail in EPA’s proposal,                  Cincinnati nonattainment area is                      imposed by state law. A redesignation to
                                             dated December 27, 2016 (81 FR 95081).                  attaining the 2008 ozone standard,                    attainment does not in and of itself
                                             In that rulemaking, we noted that, under                based on quality-assured and certified                create any new requirements, but rather
                                             EPA regulations at 40 CFR part 50, the                  monitoring data for 2013–2015 and that                results in the applicability of
                                             2008 ozone NAAQS is attained in an                      the Indiana portion of this area has met              requirements contained in the CAA for
                                             area when the 3-year average of the                     the requirements for redesignation                    areas that have been redesignated to
                                             annual fourth highest daily maximum 8-                  under section 107(d)(3)(E) of the CAA.                attainment. Moreover, the Administrator
                                             hour average concentration is equal to                  EPA is thus changing the legal                        is required to approve a SIP submission
                                             or less than 0.075 parts per million                    designation of the Indiana portion of the             that complies with the provisions of the
                                             (ppm), when truncated after the                         Cincinnati area from nonattainment to                 CAA and applicable Federal regulations.
                                             thousandth decimal place, at all of the                 attainment for the 2008 ozone standard.               42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                             ozone monitoring sites in the area. (See                EPA is also approving, as a revision to               Thus, in reviewing SIP submissions,
                                             40 CFR 50.15 and appendix P to 40 CFR                   the Indiana SIP, the state’s maintenance              EPA’s role is to approve state choices,
                                             part 50.) Under the CAA, EPA may                        plan for the area. The maintenance plan               provided that they meet the criteria of
                                             redesignate nonattainment areas to                      is designed to keep the Cincinnati area               the CAA. Accordingly, this action
                                             attainment if sufficient complete,                      in attainment of the 2008 ozone NAAQS                 merely approves state law as meeting
                                             quality-assured data are available to                   through 2030. Finally, EPA finds                      Federal requirements and does not
                                             determine that the area has attained the                adequate and is approving the newly-                  impose additional requirements beyond
                                             standard and if it meets the other CAA                  established 2020 and 2030 MVEBs for                   those imposed by state law. For that
                                             redesignation requirements in section                   the Indiana and Ohio portion of the                   reason, this action:
                                             107(d)(3)(E). The proposed rule at 81 FR                Cincinnati area.                                         • Is not a significant regulatory action
                                             95081 provides a detailed discussion of                    In accordance with 5 U.S.C. 553(d),                subject to review by the Office of
                                             how Indiana has met these CAA                           EPA finds there is good cause for these               Management and Budget under
                                             requirements.                                           actions to become effective immediately               Executive Orders 12866 (58 FR 51735,
                                                As discussed in the proposal at 81 FR                upon publication. This is because a                   October 4, 1993) and 13563 (76 FR 3821,
                                             95081, quality-assured and certified                    delayed effective date is unnecessary                 January 21, 2011);
                                             monitoring data for 2013–2015 and                       due to the nature of a redesignation to                  • Does not impose an information
                                             preliminary data for 2016 show that the                 attainment, which relieves the area from              collection burden under the provisions
                                             Cincinnati area has attained and                        certain CAA requirements that would                   of the Paperwork Reduction Act (44
                                             continues to attain the 2008 ozone                      otherwise apply to it. The immediate                  U.S.C. 3501 et seq.);
                                             standard. In the maintenance plan                       effective date for this action is                        • Is certified as not having a
                                             submitted for the area, Indiana has                     authorized under both 5 U.S.C.
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                                                                                                                                                           significant economic impact on a
                                             demonstrated that the ozone standard                    553(d)(1), which provides that                        substantial number of small entities
                                             will be maintained in the area through                  rulemaking actions may become                         under the Regulatory Flexibility Act (5
                                             2030. Finally, Indiana and Ohio have                    effective less than 30 days after                     U.S.C. 601 et seq.);
                                             adopted 2020 and 2030 VOC and NOX                       publication if the rule ‘‘grants or                      • Does not contain any unfunded
                                             MVEBs for the Indiana and Ohio portion                  recognizes an exemption or relieves a                 mandate or significantly or uniquely
                                             of the Cincinnati area that are supported               restriction,’’ and section 553(d)(3),                 affect small governments, as described


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                                             16942                 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations

                                             in the Unfunded Mandates Reform Act                     the U.S. House of Representatives, and                       Authority: 42 U.S.C. 7401 et seq.
                                             of 1995 (Pub. L. 104–4);                                the Comptroller General of the United
                                                • Does not have Federalism                           States prior to publication of the rule in               ■ 2. Section 52.777 is amended by
                                             implications as specified in Executive                  the Federal Register. A major rule                       adding paragraph (uu) to read as
                                             Order 13132 (64 FR 43255, August 10,                    cannot take effect until 60 days after it                follows:
                                             1999);                                                  is published in the Federal Register.                    § 52.777 Control strategy: photochemical
                                                • Is not an economically significant                 This action is not a ‘‘major rule’’ as                   oxidants (hydrocarbons).
                                             regulatory action based on health or                    defined by 5 U.S.C. 804(2).
                                             safety risks subject to Executive Order                    Under section 307(b)(1) of the CAA,                   *     *     *    *     *
                                             13045 (62 FR 19885, April 23, 1997);                    petitions for judicial review of this                      (uu) Approval—On February 23,
                                                • Is not a significant regulatory action             action must be filed in the United States                2016, the Indiana Department of
                                             subject to Executive Order 13211 (66 FR                 Court of Appeals for the appropriate                     Environmental Management submitted a
                                             28355, May 22, 2001);                                   circuit by June 6, 2017. Filing a petition               request to redesignate the Indiana
                                                • Is not subject to requirements of                  for reconsideration by the Administrator                 portion of the Cincinnati, OH–KY–IN
                                             section 12(d) of the National                           of this final rule does not affect the                   area to attainment of the 2008 ozone
                                             Technology Transfer and Advancement                     finality of this action for the purposes of              NAAQS. As part of the redesignation
                                             Act of 1995 (15 U.S.C. 272 note) because                judicial review nor does it extend the                   request, the State submitted a
                                             application of those requirements would                 time within which a petition for judicial
                                                                                                                                                              maintenance plan as required by section
                                             be inconsistent with the CAA; and                       review may be filed, and shall not
                                                                                                                                                              175A of the Clean Air Act. Elements of
                                                • Does not provide EPA with the                      postpone the effectiveness of such rule
                                                                                                                                                              the section 175 maintenance plan
                                             discretionary authority to address, as                  or action. This action may not be
                                                                                                     challenged later in proceedings to                       include a contingency plan and an
                                             appropriate, disproportionate human
                                                                                                     enforce its requirements. (See section                   obligation to submit a subsequent
                                             health or environmental effects, using
                                                                                                     307(b)(2)).                                              maintenance plan revision in 8 years as
                                             practicable and legally permissible
                                                                                                                                                              required by the Clean Air Act. The 2020
                                             methods, under Executive Order 12898                    List of Subjects
                                             (59 FR 7629, February 16, 1994).                                                                                 motor vehicle emissions budgets for the
                                                In addition, the SIP is not approved                 40 CFR Part 52                                           Indiana and Ohio portions of the
                                             to apply on any Indian reservation land                   Environmental protection, Air                          Cincinnati, OH–KY–IN area are 30.02
                                             or in any other area where EPA or an                    pollution control, Incorporation by                      tons per summer day (TPSD) for VOC
                                             Indian tribe has demonstrated that a                    reference, Intergovernmental relations,                  and 30.79 TPSD for NOX. The 2030
                                             tribe has jurisdiction. In those areas of               Oxides of nitrogen, Ozone, Volatile                      motor vehicle emissions budgets for the
                                             Indian country, the rule does not have                  organic compounds.                                       Indiana and Ohio portions of the area
                                             tribal implications as specified by                                                                              are 18.22 TPSD for VOC and 16.22
                                                                                                     40 CFR Part 81                                           TPSD for NOX.
                                             Executive Order 13175 (65 FR 67249,
                                             November 9, 2000), because                                Environmental protection,                              *     *     *    *     *
                                             redesignation is an action that affects                 Administrative practice and procedure,
                                             the status of a geographical area and                   Air pollution control, Designations and                  PART 81—DESIGNATION OF AREAS
                                             does not impose any new regulatory                      classifications, Intergovernmental                       FOR AIR QUALITY PLANNING
                                             requirements on tribes, impact any                      relations, Nitrogen oxides, Ozone,                       PURPOSES
                                             existing sources of air pollution on                    Reporting and recordkeeping
                                             tribal lands, nor impair the maintenance                requirements, Volatile organic
                                                                                                                                                              ■ 1. The authority citation for part 81
                                             of ozone national ambient air quality                   compounds.
                                                                                                                                                              continues to read as follows:
                                             standards in tribal lands.                                Dated: March 17, 2017.
                                                The Congressional Review Act, 5                                                                                   Authority: 42 U.S.C. 7401 et seq.
                                                                                                     Robert A. Kaplan,
                                             U.S.C. 801 et seq., as added by the Small               Acting Regional Administrator, Region 5.                 ■  2. In § 81.315, the table entitled
                                             Business Regulatory Enforcement                                                                                  ‘‘Indiana—2008 8-Hour Ozone NAAQS
                                                                                                       Parts 52 and 81, chapter I, title 40 of
                                             Fairness Act of 1996, generally provides                                                                         (Primary and secondary)’’ is amended
                                                                                                     the Code of Federal Regulations are
                                             that before a rule may take effect, the                                                                          by revising the entry for ‘‘Cincinnati,
                                                                                                     amended as follows:
                                             agency promulgating the rule must                                                                                OH–KY–IN:’’ to read as follows:
                                             submit a rule report, which includes a                  PART 52—APPROVAL AND
                                             copy of the rule, to each House of the                  PROMULGATION OF                                          § 81.315    Indiana.
                                             Congress and to the Comptroller General                 IMPLEMENTATION PLANS                                     *       *     *        *       *
                                             of the United States. EPA will submit a
                                             report containing this action and other                 ■ 1. The authority citation for part 52
                                             required information to the U.S. Senate,                continues to read as follows:

                                                                                                    INDIANA—2008 8-HOUR OZONE NAAQS
                                                                                                                 (Primary and secondary)

                                                                                                                                              Designation                                Classification
                                                                          Designated area
                                                                                                                                    Date 1                  Type                Date 1                    Type
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                                                      *                *                 *                                    *                        *                        *                         *
                                             Cincinnati, OH–KY–IN: 2 Dearborn County (part) Lawrenceburg                     April 7, 2017 .....    Attainment.
                                               Township.




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                                                                       Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations                                                          16943

                                                                                               INDIANA—2008 8-HOUR OZONE NAAQS—Continued
                                                                                                                     (Primary and secondary)

                                                                                                                                                      Designation                             Classification
                                                                              Designated area
                                                                                                                                            Date 1                  Type                Date 1                 Type

                                                          *                        *                       *                          *                        *                       *                       *
                                                 1 This date is July 20, 2012, unless otherwise noted.
                                                 2 Excludes Indian country located in each area, unless otherwise noted.




                                             *       *        *       *      *                           Identification No. EPA–R04–OAR–                              retained the annual average NAAQS at
                                             [FR Doc. 2017–06886 Filed 4–6–17; 8:45 am]                  2012–0773. All documents in the docket                       15.0 mg/m3 but revised the 24-hour
                                             BILLING CODE 6560–50–P                                      are listed on the www.regulations.gov                        NAAQS to 35 mg/m3, based again on the
                                                                                                         Web site. Although listed in the index,                      3-year average of the 98th percentile of
                                                                                                         some information may not be publicly                         24-hour concentrations.
                                             ENVIRONMENTAL PROTECTION                                    available, i.e., Confidential Business                          On January 5, 2005 (70 FR 944), and
                                             AGENCY                                                      Information or other information whose                       supplemented on April 14, 2005 (70 FR
                                                                                                         disclosure is restricted by statute.                         19844), EPA designated the bi-state
                                             40 CFR Parts 52 and 81                                      Certain other material, such as                              Louisville Area as nonattainment for the
                                             [EPA–R04–OAR–2012–0773; FRL–9960–55-                        copyrighted material, is not placed on                       Annual 1997 PM2.5 NAAQS. The bi-state
                                             Region 4]                                                   the Internet and will be publicly                            Louisville Area consists of Bullitt and
                                                                                                         available only in hard copy form.                            Jefferson Counties in Kentucky as well
                                             Air Plan Approval and Air Quality                           Publicly available docket materials are                      as Clark and Floyd Counties and a
                                             Designation; KY; Redesignation of the                       available either electronically through                      portion of Jefferson County (Madison
                                             Kentucky Portion of the Louisville 1997                     www.regulations.gov or in hard copy at                       Township) in Indiana.1 On November
                                             Annual PM2.5 Nonattainment Area to                          the Air Regulatory Management Section,                       13, 2009 (74 FR 58688), EPA
                                             Attainment                                                  Air Planning and Implementation                              promulgated designations for the 24-
                                             AGENCY:  Environmental Protection                           Branch, Air, Pesticides and Toxics                           hour PM2.5 standard established in 2006,
                                             Agency.                                                     Management Division, U.S.                                    designating the bi-state Louisville Area
                                                                                                         Environmental Protection Agency,                             as attainment for that NAAQS. That
                                             ACTION: Final rule.
                                                                                                         Region 4, 61 Forsyth Street SW.,                             action clarified that the bi-state
                                             SUMMARY:    On March 5, 2012, the                           Atlanta, Georgia 30303–8960. EPA                             Louisville Area was classified
                                             Commonwealth of Kentucky, through                           requests that if at all possible, you                        unclassifiable/attainment for the 24-
                                             the Kentucky Energy and Environment                         contact the person listed in the FOR                         hour NAAQS promulgated in 1997. EPA
                                             Cabinet, Division for Air Quality,                          FURTHER INFORMATION CONTACT section to                       did not promulgate designations for the
                                             submitted a request for the                                 schedule your inspection. The Regional                       2006 Annual PM2.5 NAAQS since that
                                             Environmental Protection Agency (EPA)                       Office’s official hours of business are                      NAAQS was essentially identical to the
                                             to redesignate the portion of Kentucky                      Monday through Friday 8:30 a.m. to                           1997 Annual PM2.5 NAAQS.
                                             that is within the bi-state Louisville,                     4:30 p.m., excluding federal holidays.                          On March 5, 2012, Kentucky
                                             KY–IN fine particulate matter (PM2.5)                       FOR FURTHER INFORMATION CONTACT:                             submitted a request to EPA for
                                             nonattainment area (hereinafter referred                    Madolyn Sanchez of the Air Regulatory                        redesignation of the Kentucky portion of
                                             to as the ‘‘bi-state Louisville Area’’ or                   Management Section, in the Air                               the bi-state Louisville Area to
                                             ‘‘Area’’) to attainment for the 1997                        Planning and Implementation Branch,                          attainment for the 1997 Annual PM2.5
                                             Annual PM2.5 national ambient air                           Air, Pesticides and Toxics Management                        NAAQS and a related SIP revision
                                             quality standards (NAAQS) and to                            Division, U.S. Environmental Protection                      containing a maintenance plan for the
                                             approve a state implementation plan                         Agency, Region 4, 61 Forsyth Street                          Area. In a notice of proposed
                                             (SIP) revision containing a maintenance                     SW., Atlanta, Georgia 30303–8960.                            rulemaking (NPRM) published on
                                             plan for the Area. EPA is taking final                      Madolyn Sanchez may be reached by                            January 11, 2017 (82 FR 3234), EPA
                                             action to approve the Commonwealth’s                        phone at (404) 562–9644, or via                              proposed to approve the
                                             plan for maintaining the 1997 Annual                        electronic mail at sanchez.madolyn@                          Commonwealth’s 1997 Annual PM2.5
                                             PM2.5 NAAQS in the Area, including the                      epa.gov.                                                     NAAQS maintenance plan, including
                                             motor vehicle emission budgets                                                                                           the 2025 MVEBs for NOx and direct
                                                                                                         SUPPLEMENTARY INFORMATION:                                   PM2.5, for the Kentucky portion of the
                                             (MVEBs) for nitrogen oxide (NOX) and
                                             PM2.5 for the years 2015 and 2025 for                       I. What is the background for the                            bi-state Louisville Area and incorporate
                                             the bi-state Louisville Area, and                           actions?                                                     the maintenance plan into the SIP, and
                                             incorporate it into the SIP, and to                                                                                      to redesignate the Kentucky portion of
                                                                                                            On July 18, 1997, EPA promulgated                         the bi-state Louisville Area to
                                             redesignate the Kentucky portion of the
                                                                                                         the first air quality standards for PM2.5.                   attainment for the 1997 Annual PM2.5
                                             Area to attainment for the 1997 Annual
                                                                                                         EPA promulgated an annual standard at                        NAAQS. In that notice, EPA also
                                             PM2.5 NAAQS. Additionally, EPA finds
                                                                                                         a level of 15.0 micrograms per cubic                         notified the public of the status of the
                                             the 2025 MVEBs for the bi-state
                                                                                                         meter (mg/m3), based on a 3-year average
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                                             Louisville Area adequate for the
                                                                                                         of annual mean PM2.5 concentrations. In                        1 In a separate submittal, EPA received the
                                             purposes of transportation conformity.
                                                                                                         the same rulemaking, EPA promulgated                         redesignation request and maintenance plan for the
                                             DATES: This rule is effective April 7,                      a 24-hour standard of 65 mg/m3, based                        Indiana portion of this Area. On September 9, 2016,
                                             2017.                                                       on a 3-year average of the 98th                              EPA took final action to determine that the entire
                                                                                                                                                                      bi-state Louisville Area has attained the 1997 PM2.5
                                             ADDRESSES:   EPA has established a                          percentile of 24-hour concentrations. On                     standard and to approve Indiana’s redesignation
                                             docket for this action under Docket                         October 17, 2006 (71 FR 61144), EPA                          request and maintenance plan. See 81 FR 62390.



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Document Created: 2017-04-06 23:49:14
Document Modified: 2017-04-06 23:49:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on April 7, 2017.
ContactEric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [email protected]
FR Citation82 FR 16940 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental 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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