[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16940-16943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06886]


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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.

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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

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

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

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