82_FR_41696 82 FR 41527 - Air Plan Approval; Indiana; Redesignation of the Indiana Portion of the Cincinnati-Hamilton, OH-IN-KY Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter

82 FR 41527 - Air Plan Approval; Indiana; Redesignation of the Indiana Portion of the Cincinnati-Hamilton, OH-IN-KY Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 169 (September 1, 2017)

Page Range41527-41529
FR Document2017-18498

The Environmental Protection Agency (EPA) is redesignating the Indiana portion of the Cincinnati-Hamilton, OH-IN-KY, nonattainment area (hereafter, ``the Cincinnati-Hamilton area'') to attainment for the 1997 fine particulate matter (PM<INF>2.5</INF>) annual national ambient air quality standard (NAAQS or standard). The Indiana portion of the Cincinnati-Hamilton area includes Lawrenceburg Township within Dearborn County. Because EPA has determined that the Cincinnati- Hamilton area is attaining this annual PM<INF>2.5</INF> standard, EPA is redesignating the area to attainment and also approving several additional related actions. First, EPA is approving an update to the Indiana State implementation plan (SIP) by updating the state's approved plan for maintaining the 1997 annual PM<INF>2.5</INF> NAAQS through 2027. In addition, EPA previously approved the base year emissions inventory for the Cincinnati-Hamilton area, and is approving Indiana's updated emissions inventory which includes emissions inventories for volatile organic compounds (VOCs) and ammonia. Indiana's approved maintenance plan submission also includes a budget for the mobile source contribution of PM<INF>2.5</INF> and nitrogen oxides (NO<INF>X</INF>) to the Cincinnati-Hamilton area for transportation conformity purposes, which EPA is approving. EPA is taking these actions in accordance with the Clean Air Act (CAA) and EPA's implementation rule regarding the 1997 PM<INF>2.5</INF> NAAQS.

Federal Register, Volume 82 Issue 169 (Friday, September 1, 2017)
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Rules and Regulations]
[Pages 41527-41529]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18498]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2016-0513; FRL-9967-17-Region 5]


Air Plan Approval; Indiana; Redesignation of the Indiana Portion 
of the Cincinnati-Hamilton, OH-IN-KY Area to Attainment of the 1997 
Annual Standard for Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is redesignating the 
Indiana portion of the Cincinnati-Hamilton, OH-IN-KY, nonattainment 
area (hereafter, ``the Cincinnati-Hamilton area'') to attainment for 
the 1997 fine particulate matter (PM2.5) annual national 
ambient air quality standard (NAAQS or standard). The Indiana portion 
of the Cincinnati-Hamilton area includes Lawrenceburg Township within 
Dearborn County. Because EPA has determined that the Cincinnati-
Hamilton area is attaining this annual PM2.5 standard, EPA 
is redesignating the area to attainment and also approving several 
additional related actions. First, EPA is approving an update to the 
Indiana State implementation plan (SIP) by updating the state's 
approved plan for maintaining the 1997 annual PM2.5 NAAQS 
through 2027. In addition, EPA previously approved the base year 
emissions inventory for the Cincinnati-Hamilton area, and is approving 
Indiana's updated emissions inventory which includes emissions 
inventories for volatile organic compounds (VOCs) and ammonia. 
Indiana's approved maintenance plan submission also includes a budget 
for the mobile source contribution of PM2.5 and nitrogen 
oxides (NOX) to the Cincinnati-Hamilton area for 
transportation conformity purposes, which EPA is approving. EPA is 
taking these actions in accordance with the Clean Air Act (CAA) and 
EPA's implementation rule regarding the 1997 PM2.5 NAAQS.

DATES: This final rule is effective September 1, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0513. 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 Michelle Becker, Life Scientist, at (312) 886-3901 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michelle Becker, Life Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-3901, 
[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. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. Background

    On August 19, 2016, Indiana submitted a request to EPA to 
redesignate the Cincinnati-Hamilton area to attainment for the 1997 
PM2.5 annual standard, and to approve updates to the 
maintenance plan for the area. In an action published on June 22, 2017 
(82 FR 28435), EPA proposed to redesignate the area and approve several 
actions related to the redesignation (82 FR 28435). Additional 
background and details regarding this final action can be found in the 
June 22, 2017, proposed rule. The comment period for this proposed 
rulemaking closed on July 24, 2017. No comments were received for this 
proposed rule.

II. What action is EPA taking?

    EPA is taking several actions related to redesignation of the 
Cincinnati-Hamilton area to attainment for the 1997 annual 
PM2.5 NAAQS.
    EPA has previously approved Indiana's PM2.5 maintenance 
plan and motor vehicle emissions budgets for the Cincinnati-Hamilton 
area. EPA has determined that this plan and budgets are still 
applicable.
    EPA has previously approved the 2005 primary PM2.5, 
NOX, and sulfur dioxide (SO2) base year emissions 
inventory. EPA is approving Indiana's updated emissions inventory which 
includes emissions inventories for VOCs and ammonia from 2007. EPA has 
determined that Indiana meets the emissions inventory requirement under 
section 107(d)(3)(E)(iii).
    In The Fine Particulate Matter National Ambient Air Quality 
Standards: State Implementation Plan Requirements final rule (final 
PM2.5 SIP requirements rule), EPA revoked the 1997 primary 
annual PM2.5 NAAQS in areas that had always been attainment 
for that NAAQS, and in areas that had been designated as nonattainment 
but that were redesignated to attainment before October 24, 2016, the 
rule's effective date. See 81 FR 58010, August 24, 2016. EPA also 
finalized a provision that revokes the 1997 primary annual 
PM2.5 NAAQS in areas that are redesignated to attainment for 
that NAAQS after October 24, 2016, effective on the effective date of 
the redesignation of the area to attainment for that NAAQS. See 40 CFR 
50.13(d).
    EPA is redesignating the Indiana portion of the Cincinnati-Hamilton 
area to attainment for the 1997 annual PM2.5 NAAQS and 
approving the CAA section 175A maintenance plan for the 1997 primary 
annual PM2.5 NAAQS for the reasons described elsewhere in 
the January 4, 2017, proposed action.\1\ The

[[Page 41528]]

1997 primary annual PM2.5 NAAQS will be revoked in the area 
on the effective date of this redesignation. Beginning on that date, 
the area will no longer be subject to transportation or general 
conformity requirements for the 1997 annual PM2.5 NAAQS due 
to the revocation of the primary NAAQS. See 81 FR 58125, August 24, 
2016. The area will be required to implement the CAA section 175A 
maintenance plan for the 1997 primary annual PM2.5 NAAQS and 
the Prevention of Significant Deterioration (PSD) program for the 1997 
annual PM2.5 NAAQS. Once approved, the maintenance plan 
could only be revised if the revision meets the requirements of CAA 
section 110(l) and, if applicable, CAA section 193. The area would not 
be required to submit a second 10-year maintenance plan for the 1997 
primary annual PM2.5 NAAQS. See 81 FR 58144, August 24, 
2016.
---------------------------------------------------------------------------

    \1\ CAA section 175A(a) establishes the requirements that must 
be fulfilled by nonattainment areas in order to be redesignated to 
attainment. That section only requires that nonattainment areas for 
the primary standard submit a plan addressing maintenance of the 
primary NAAQS in order to be redesignated to attainment; it does not 
require nonattainment areas for secondary NAAQS to submit 
maintenance plans in order to be redesignated to attainment. (See 42 
U.S.C. 7505a(a).)
---------------------------------------------------------------------------

    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. This rulemaking, 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 PM2.5 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.

III. 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 October 31, 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, Particulate matter.

[[Page 41529]]

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: August 21, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart P--Indiana

0
2. Section 52.776 is amended by revising paragraph (w)(3) to read as 
follows:


Sec.  52.776  Control strategy: Particulate matter.

* * * * *
    (w) * * *
    (3) Indiana's 2005 NOX, directly emitted 
PM2.5, and SO2 emissions inventory; and 2007 VOCs 
and ammonia emissions inventory, satisfy the emissions inventory 
requirements of section 172(c)(3) for the Cincinnati-Hamilton area.
* * * * *

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

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

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


0
4. Section 81.315 is amended by revising the entry for Cincinnati-
Hamilton, IN in the table entitled ``Indiana--1997 Annual 
PM2.5 NAAQS'' to read as follows:


Sec.  81.315  Indiana.

* * * * *

                                        Indiana--1997 Annual PM2.5 NAAQS
                                             [Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation \a\                        Classification
          Designated area          -----------------------------------------------------------------------------
                                           Date \1\                 Type             Date \2\          Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Cincinnati-Hamilton, IN:
    Dearborn County (part):         September 1, 2017....  Attainment...........  ..............  ..............
     Lawrenceburg Township.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2017-18498 Filed 8-31-17; 8:45 am]
BILLING CODE 6560-50-P



                                                               Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations                                                41527

                                              a subsequent final action based upon                    maintaining the 1997 annual PM2.5                     redesignate the Cincinnati-Hamilton
                                              the proposed rule also published on July                NAAQS through 2027. In addition, EPA                  area to attainment for the 1997 PM2.5
                                              3, 2017 (82 FR 30815). EPA will not                     previously approved the base year                     annual standard, and to approve
                                              institute a second comment period on                    emissions inventory for the Cincinnati-               updates to the maintenance plan for the
                                              this action.                                            Hamilton area, and is approving                       area. In an action published on June 22,
                                              List of Subjects in 40 CFR Part 52                      Indiana’s updated emissions inventory                 2017 (82 FR 28435), EPA proposed to
                                                                                                      which includes emissions inventories                  redesignate the area and approve several
                                                Environmental protection, Air                         for volatile organic compounds (VOCs)                 actions related to the redesignation (82
                                              pollution control, Incorporation by                     and ammonia. Indiana’s approved                       FR 28435). Additional background and
                                              reference, Intergovernmental relations,                 maintenance plan submission also                      details regarding this final action can be
                                              Ozone, Reporting and recordkeeping                      includes a budget for the mobile source               found in the June 22, 2017, proposed
                                              requirements, Volatile organic                          contribution of PM2.5 and nitrogen                    rule. The comment period for this
                                              compounds.                                              oxides (NOX) to the Cincinnati-                       proposed rulemaking closed on July 24,
                                                Dated: August 10, 2017.                               Hamilton area for transportation                      2017. No comments were received for
                                              Deborah A. Szaro,                                       conformity purposes, which EPA is                     this proposed rule.
                                              Acting Regional Administrator, EPA New                  approving. EPA is taking these actions
                                                                                                                                                            II. What action is EPA taking?
                                              England.                                                in accordance with the Clean Air Act
                                                                                                      (CAA) and EPA’s implementation rule                      EPA is taking several actions related
                                              PART 52—APPROVAL AND                                    regarding the 1997 PM2.5 NAAQS.                       to redesignation of the Cincinnati-
                                              PROMULGATION OF                                         DATES: This final rule is effective                   Hamilton area to attainment for the 1997
                                              IMPLEMENTATION PLANS                                    September 1, 2017.                                    annual PM2.5 NAAQS.
                                                                                                                                                               EPA has previously approved
                                                                                                      ADDRESSES: EPA has established a
                                              ■ Accordingly, the amendments to 40                                                                           Indiana’s PM2.5 maintenance plan and
                                                                                                      docket for this action under Docket ID                motor vehicle emissions budgets for the
                                              CFR 52.2070 published in the Federal                    No. EPA–R05–OAR–2016–0513. All
                                              Register on July 3, 2017 (82 FR 30747)                                                                        Cincinnati-Hamilton area. EPA has
                                                                                                      documents in the docket are listed on                 determined that this plan and budgets
                                              on page 30749 are withdrawn effective                   the www.regulations.gov Web site.
                                              September 1, 2017.                                                                                            are still applicable.
                                                                                                      Although listed in the index, some                       EPA has previously approved the
                                              [FR Doc. 2017–18618 Filed 8–31–17; 8:45 am]             information is not publicly available,                2005 primary PM2.5, NOX, and sulfur
                                              BILLING CODE 6560–50–P                                  i.e., Confidential Business Information               dioxide (SO2) base year emissions
                                                                                                      (CBI) or other information whose                      inventory. EPA is approving Indiana’s
                                                                                                      disclosure is restricted by statute.                  updated emissions inventory which
                                              ENVIRONMENTAL PROTECTION                                Certain other material, such as
                                              AGENCY                                                                                                        includes emissions inventories for VOCs
                                                                                                      copyrighted material, is not placed on                and ammonia from 2007. EPA has
                                              40 CFR Parts 52 and 81                                  the Internet and will be publicly                     determined that Indiana meets the
                                                                                                      available only in hard copy form.                     emissions inventory requirement under
                                              [EPA–R05–OAR–2016–0513; FRL–9967–17–                    Publicly available docket materials are
                                              Region 5]                                                                                                     section 107(d)(3)(E)(iii).
                                                                                                      available either through                                 In The Fine Particulate Matter
                                                                                                      www.regulations.gov or at the                         National Ambient Air Quality
                                              Air Plan Approval; Indiana;
                                                                                                      Environmental Protection Agency,                      Standards: State Implementation Plan
                                              Redesignation of the Indiana Portion of
                                                                                                      Region 5, Air and Radiation Division, 77              Requirements final rule (final PM2.5 SIP
                                              the Cincinnati-Hamilton, OH-IN-KY
                                                                                                      West Jackson Boulevard, Chicago,                      requirements rule), EPA revoked the
                                              Area to Attainment of the 1997 Annual
                                                                                                      Illinois 60604. This facility is open from            1997 primary annual PM2.5 NAAQS in
                                              Standard for Fine Particulate Matter
                                                                                                      8:30 a.m. to 4:30 p.m., Monday through                areas that had always been attainment
                                              AGENCY:  Environmental Protection                       Friday, excluding Federal holidays. We                for that NAAQS, and in areas that had
                                              Agency (EPA).                                           recommend that you telephone Michelle                 been designated as nonattainment but
                                              ACTION: Final rule.                                     Becker, Life Scientist, at (312) 886–3901             that were redesignated to attainment
                                                                                                      before visiting the Region 5 office.                  before October 24, 2016, the rule’s
                                              SUMMARY:    The Environmental Protection                FOR FURTHER INFORMATION CONTACT:                      effective date. See 81 FR 58010, August
                                              Agency (EPA) is redesignating the                       Michelle Becker, Life Scientist,                      24, 2016. EPA also finalized a provision
                                              Indiana portion of the Cincinnati-                      Attainment Planning and Maintenance                   that revokes the 1997 primary annual
                                              Hamilton, OH-IN-KY, nonattainment                       Section, Air Programs Branch (AR–18J),                PM2.5 NAAQS in areas that are
                                              area (hereafter, ‘‘the Cincinnati-                      Environmental Protection Agency,                      redesignated to attainment for that
                                              Hamilton area’’) to attainment for the                  Region 5, 77 West Jackson Boulevard,                  NAAQS after October 24, 2016, effective
                                              1997 fine particulate matter (PM2.5)                    Chicago, Illinois 60604, (312) 886–3901,              on the effective date of the redesignation
                                              annual national ambient air quality                     becker.michelle@epa.gov.                              of the area to attainment for that
                                              standard (NAAQS or standard). The
                                                                                                      SUPPLEMENTARY INFORMATION:                            NAAQS. See 40 CFR 50.13(d).
                                              Indiana portion of the Cincinnati-
                                                                                                      Throughout this document whenever                        EPA is redesignating the Indiana
                                              Hamilton area includes Lawrenceburg
                                                                                                      ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           portion of the Cincinnati-Hamilton area
                                              Township within Dearborn County.
                                                                                                      EPA. This supplementary information                   to attainment for the 1997 annual PM2.5
                                              Because EPA has determined that the
                                                                                                      section is arranged as follows:                       NAAQS and approving the CAA section
                                              Cincinnati-Hamilton area is attaining
                                                                                                                                                            175A maintenance plan for the 1997
sradovich on DSK3GMQ082PROD with RULES




                                              this annual PM2.5 standard, EPA is                      I. Background
                                                                                                      II. What action is EPA taking?                        primary annual PM2.5 NAAQS for the
                                              redesignating the area to attainment and
                                                                                                      III. Statutory and Executive Order Reviews            reasons described elsewhere in the
                                              also approving several additional
                                                                                                                                                            January 4, 2017, proposed action.1 The
                                              related actions. First, EPA is approving
                                              an update to the Indiana State                          I. Background
                                                                                                                                                              1 CAA section 175A(a) establishes the
                                              implementation plan (SIP) by updating                     On August 19, 2016, Indiana                         requirements that must be fulfilled by
                                              the state’s approved plan for                           submitted a request to EPA to                                                                   Continued




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                                              41528            Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations

                                              1997 primary annual PM2.5 NAAQS will                    III. Statutory and Executive Order                    appropriate, disproportionate human
                                              be revoked in the area on the effective                 Reviews                                               health or environmental effects, using
                                              date of this redesignation. Beginning on                   Under the CAA, redesignation of an                 practicable and legally permissible
                                              that date, the area will no longer be                   area to attainment and the                            methods, under Executive Order 12898
                                              subject to transportation or general                    accompanying approval of a                            (59 FR 7629, February 16, 1994).
                                              conformity requirements for the 1997                    maintenance plan under section                           In addition, the SIP is not approved
                                              annual PM2.5 NAAQS due to the                           107(d)(3)(E) are actions that affect the              to apply on any Indian reservation land
                                              revocation of the primary NAAQS. See                    status of a geographical area and do not
                                              81 FR 58125, August 24, 2016. The area                                                                        or in any other area where EPA or an
                                                                                                      impose any additional regulatory                      Indian tribe has demonstrated that a
                                              will be required to implement the CAA                   requirements on sources beyond those
                                              section 175A maintenance plan for the                                                                         tribe has jurisdiction. In those areas of
                                                                                                      imposed by state law. A redesignation to              Indian country, this rule does not have
                                              1997 primary annual PM2.5 NAAQS and                     attainment does not in and of itself
                                              the Prevention of Significant                                                                                 tribal implications as specified by
                                                                                                      create any new requirements, but rather               Executive Order 13175 (65 FR 67249,
                                              Deterioration (PSD) program for the                     results in the applicability of
                                              1997 annual PM2.5 NAAQS. Once                                                                                 November 9, 2000), because
                                                                                                      requirements contained in the CAA for
                                              approved, the maintenance plan could                                                                          redesignation is an action that affects
                                                                                                      areas that have been redesignated to
                                              only be revised if the revision meets the               attainment. Moreover, the Administrator               the status of a geographical area and
                                              requirements of CAA section 110(l) and,                 is required to approve a SIP submission               does not impose any new regulatory
                                              if applicable, CAA section 193. The area                that complies with the provisions of the              requirements on tribes, impact any
                                              would not be required to submit a                       CAA and applicable Federal regulations.               existing sources of air pollution on
                                              second 10-year maintenance plan for the                 42 U.S.C. 7410(k); 40 CFR 52.02(a).                   tribal lands, nor impair the maintenance
                                              1997 primary annual PM2.5 NAAQS. See                    Thus, in reviewing SIP submissions,                   of ozone national ambient air quality
                                              81 FR 58144, August 24, 2016.                           EPA’s role is to approve state choices,               standards in tribal lands.
                                                 In accordance with 5 U.S.C. 553(d),                  provided that they meet the criteria of                  The Congressional Review Act, 5
                                              EPA finds there is good cause for these                 the CAA. Accordingly, this action                     U.S.C. 801 et seq., as added by the Small
                                              actions to become effective immediately                 merely approves state law as meeting                  Business Regulatory Enforcement
                                              upon publication. This is because a                     Federal requirements and does not                     Fairness Act of 1996, generally provides
                                              delayed effective date is unnecessary                   impose additional requirements beyond                 that before a rule may take effect, the
                                              due to the nature of a redesignation to                 those imposed by state law. For that                  agency promulgating the rule must
                                              attainment, which relieves the area from                reason, this action:                                  submit a rule report, which includes a
                                              certain CAA requirements that would                        • Is not a significant regulatory action           copy of the rule, to each House of the
                                              otherwise apply to it. The immediate                    subject to review by the Office of
                                              effective date for this action is                                                                             Congress and to the Comptroller General
                                                                                                      Management and Budget under
                                              authorized under both 5 U.S.C.                                                                                of the United States. EPA will submit a
                                                                                                      Executive Orders 12866 (58 FR 51735,
                                              553(d)(1), which provides that                                                                                report containing this action and other
                                                                                                      October 4, 1993) and 13563 (76 FR 3821,
                                              rulemaking actions may become                           January 21, 2011);                                    required information to the U.S. Senate,
                                              effective less than 30 days after                          • Does not impose an information                   the U.S. House of Representatives, and
                                              publication if the rule ‘‘grants or                     collection burden under the provisions                the Comptroller General of the United
                                              recognizes an exemption or relieves a                   of the Paperwork Reduction Act (44                    States prior to publication of the rule in
                                              restriction,’’ and section 553(d)(3),                   U.S.C. 3501 et seq.);                                 the Federal Register. A major rule
                                              which allows an effective date less than                   • Is certified as not having a                     cannot take effect until 60 days after it
                                              30 days after publication ‘‘as otherwise                significant economic impact on a                      is published in the Federal Register.
                                              provided by the agency for good cause                   substantial number of small entities                  This action is not a ‘‘major rule’’ as
                                              found and published with the rule.’’                    under the Regulatory Flexibility Act (5               defined by 5 U.S.C. 804(2).
                                              The purpose of the 30-day waiting                       U.S.C. 601 et seq.);                                     Under section 307(b)(1) of the CAA,
                                              period prescribed in section 553(d) is to                  • Does not contain any unfunded                    petitions for judicial review of this
                                              give affected parties a reasonable time to              mandate or significantly or uniquely                  action must be filed in the United States
                                              adjust their behavior and prepare before                affect small governments, as described                Court of Appeals for the appropriate
                                              the final rule takes effect. This                       in the Unfunded Mandates Reform Act                   circuit by October 31, 2017. Filing a
                                              rulemaking, however, does not create                    of 1995 (Pub. L. 104–4);                              petition for reconsideration by the
                                              any new regulatory requirements such                       • Does not have Federalism
                                                                                                                                                            Administrator of this final rule does not
                                              that affected parties would need time to                implications as specified in Executive
                                                                                                      Order 13132 (64 FR 43255, August 10,                  affect the finality of this action for the
                                              prepare before the rule takes effect.                                                                         purposes of judicial review nor does it
                                              Rather, today’s rule relieves the state of              1999);
                                                                                                         • Is not an economically significant               extend the time within which a petition
                                              planning requirements for this PM2.5                                                                          for judicial review may be filed, and
                                              nonattainment area. For these reasons,                  regulatory action based on health or
                                                                                                      safety risks subject to Executive Order               shall not postpone the effectiveness of
                                              EPA finds good cause under 5 U.S.C.                                                                           such rule or action. This action may not
                                              553(d)(3) for these actions to become                   13045 (62 FR 19885, April 23, 1997);
                                                                                                         • Is not a significant regulatory action           be challenged later in proceedings to
                                              effective on the date of publication of                                                                       enforce its requirements. (See section
                                                                                                      subject to Executive Order 13211 (66 FR
                                              these actions.                                                                                                307(b)(2).)
                                                                                                      28355, May 22, 2001);
                                                                                                         • Is not subject to requirements of
sradovich on DSK3GMQ082PROD with RULES




                                              nonattainment areas in order to be redesignated to                                                            List of Subjects
                                              attainment. That section only requires that             Section 12(d) of the National
                                              nonattainment areas for the primary standard            Technology Transfer and Advancement                   40 CFR Part 52
                                              submit a plan addressing maintenance of the             Act of 1995 (15 U.S.C. 272 note) because
                                              primary NAAQS in order to be redesignated to            application of those requirements would                 Environmental protection, Air
                                              attainment; it does not require nonattainment areas                                                           pollution control, Incorporation by
                                              for secondary NAAQS to submit maintenance plans         be inconsistent with the CAA; and
                                              in order to be redesignated to attainment. (See 42         • Does not provide EPA with the                    reference, Intergovernmental relations,
                                              U.S.C. 7505a(a).)                                       discretionary authority to address, as                Particulate matter.


                                         VerDate Sep<11>2014   16:20 Aug 31, 2017   Jkt 241001   PO 00000   Frm 00028   Fmt 4700   Sfmt 4700   E:\FR\FM\01SER1.SGM   01SER1


                                                                   Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations                                                                       41529

                                              40 CFR Part 81                                              Subpart P—Indiana                                           PART 81—DESIGNATION OF AREAS
                                                Environmental protection, Air                                                                                         FOR AIR QUALITY PLANNING
                                              pollution control, National parks,                          ■ 2. Section 52.776 is amended by                           PURPOSES
                                              Wilderness areas.                                           revising paragraph (w)(3) to read as
                                                                                                          follows:                                                    ■ 3. The authority citation for part 81
                                                Dated: August 21, 2017.
                                              Robert A. Kaplan,                                           § 52.776      Control strategy: Particulate                 continues to read as follows:
                                              Acting Regional Administrator, Region 5.                    matter.                                                         Authority: 42 U.S.C. 7401 et seq.
                                                40 CFR part 52 and 81 are amended                         *     *    *     *      *
                                                                                                            (w) * * *                                                 ■  4. Section 81.315 is amended by
                                              as follows:
                                                                                                            (3) Indiana’s 2005 NOX, directly                          revising the entry for Cincinnati-
                                              PART 52—APPROVAL AND                                        emitted PM2.5, and SO2 emissions                            Hamilton, IN in the table entitled
                                              PROMULGATION OF                                             inventory; and 2007 VOCs and ammonia                        ‘‘Indiana—1997 Annual PM2.5 NAAQS’’
                                              IMPLEMENTATION PLANS                                        emissions inventory, satisfy the                            to read as follows:
                                                                                                          emissions inventory requirements of
                                              ■ 1. The authority citation for part 52                     section 172(c)(3) for the Cincinnati-                       § 81.315     Indiana.
                                              continues to read as follows:                               Hamilton area.                                              *       *        *          *         *
                                                  Authority: 42 U.S.C. 7401 et seq.                       *     *    *     *      *

                                                                                                         INDIANA—1997 ANNUAL PM2.5 NAAQS
                                                                                                                        [Primary and Secondary]

                                                                                                                                                  Designation a                                          Classification
                                                                           Designated area
                                                                                                                                             Date 1                       Type                    Date 2                     Type


                                                       *                   *                 *                                          *                       *                           *                                *
                                              Cincinnati-Hamilton, IN:
                                                  Dearborn County (part): Lawrenceburg Township ...........                   September 1, 2017 ................    Attainment .....       ........................   ........................

                                                           *                        *                         *                         *                       *                           *                                *
                                                  a Includes   Indian Country located in each county or area, except as otherwise specified.
                                                  1 This   date is 90 days after January 5, 2005, unless otherwise noted.
                                                  2 This   date is July 2, 2014, unless otherwise noted.


                                              *       *        *       *      *                           August 29, 2016, announcing the First                       these information collection
                                              [FR Doc. 2017–18498 Filed 8–31–17; 8:45 am]                 Amendment to the Collocation                                requirements.
                                              BILLING CODE 6560–50–P                                      Agreement amending the Nationwide
                                                                                                                                                                      Synopsis
                                                                                                          Programmatic Agreement for the
                                                                                                          Collocation of Wireless Antennas                              As required by the Paperwork
                                              FEDERAL COMMUNICATIONS                                      (Collocation Agreement), which stated                       Reduction Act of 1995 (44 U.S.C. 3507),
                                              COMMISSION                                                  that the Commission would publish a                         the Commission is notifying the public
                                                                                                          document in the Federal Register                            that it received OMB approval on July
                                              47 CFR Part 1                                               announcing OMB approval and the                             14, 2017, for the new information
                                                                                                          effective date of the new information                       collection requirements contained in the
                                              [WT Docket No. 15–180; DA 16–900]
                                                                                                          collection requirements.                                    Commission’s rules at 47 CFR part 1,
                                              First Amendment to Collocation                                                                                          Appendix B, Stipulation VII.C. Under 5
                                                                                                          DATES: 47 CFR part 1, Appendix B,
                                              Agreement                                                                                                               CFR part 1320, an agency may not
                                                                                                          Stipulation VII.C, published at 81 FR
                                                                                                                                                                      conduct or sponsor a collection of
                                              AGENCY:   Federal Communications                            59146, August 29, 2016, is effective on
                                                                                                                                                                      information unless it displays a current,
                                              Commission.                                                 September 1, 2017.
                                                                                                                                                                      valid OMB Control Number. No person
                                              ACTION: Final rule; announcement of                         FOR FURTHER INFORMATION CONTACT:    For                     shall be subject to any penalty for failing
                                              effective date.                                             additional information, contact Cathy                       to comply with a collection of
                                                                                                          Williams by email at Cathy.Williams@                        information subject to the Paperwork
                                              SUMMARY:   In this document, the                            fcc.gov and telephone at (202) 418–                         Reduction Act that does not display a
                                              Wireless Telecommunications Bureau                          2918.                                                       current, valid OMB Control Number.
                                              (WTB or Bureau) of the Federal                                                                                          The OMB Control Number is 3060–
                                              Communications Commission (FCC or                           SUPPLEMENTARY INFORMATION:    This                          1238. The foregoing notice is required
                                              Commission) announces that the Office                       document announces that, on July 14,                        by the Paperwork Reduction Act of
                                              of Management and Budget (OMB) has                          2017, OMB approved certain                                  1995, Public Law 104–13, October 1,
                                              approved, for a period of three years,                      information collection requirements                         1995, and 44 U.S.C. 3507.
sradovich on DSK3GMQ082PROD with RULES




                                              certain information collection                              contained in the Commission’s First                           The total annual reporting burdens
                                              requirements associated with                                Amendment to the Collocation                                and costs for the respondents are as
                                              Stipulation VII.C of the amendment to                       Agreement, DA 16–900, published at 81                       follows:
                                              Appendix B in part 1 of the                                 FR 59146, August 29, 2016. The OMB
                                              Commission’s rules. This notice is                          Control Number is 3060–1238. The                              OMB Control Number: 3060–1238.
                                              consistent with the final rule notice                       Commission publishes this notice as an                        OMB Approval Date: July 14, 2017.
                                              published in the Federal Register on                        announcement of the effective date of                         OMB Expiration Date: July 31, 2020.


                                         VerDate Sep<11>2014       18:26 Aug 31, 2017   Jkt 241001   PO 00000     Frm 00029    Fmt 4700     Sfmt 4700   E:\FR\FM\01SER1.SGM      01SER1



Document Created: 2017-09-01 01:50:36
Document Modified: 2017-09-01 01:50:36
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 September 1, 2017.
ContactMichelle Becker, Life Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3901, [email protected]
FR Citation82 FR 41527 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; National Parks and Wilderness Areas

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