[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16940-16943]
[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

(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,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
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

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.

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                                        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