[Federal Register Volume 82, Number 47 (Monday, March 13, 2017)]
[Rules and Regulations]
[Pages 13392-13398]
[FR Doc No: 2017-04780]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0772; FRL-9958-21-Region 9]

Determination of Attainment and Approval of Base Year Emissions
Inventories for the Imperial County, California Fine Particulate Matter
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is determining that
the Imperial County, California Moderate nonattainment area (``the
Imperial County NA'') has attained the 2006 24-hour fine particulate
matter (PM2.5) national ambient air quality standard (NAAQS
or ``standard''). This determination, also known as a clean data
determination (CDD), is based upon complete, quality-assured, and
certified ambient air monitoring data showing that the area has
monitored attainment of the 2006 24-hour PM2.5 NAAQS based
on the 2013-2015 data available in the EPA's Air Quality System
database. As a consequence of this determination of attainment, certain
Clean Air Act (CAA) requirements that apply to the Imperial County Air
Pollution Control District (ICAPCD or ``District'') shall be suspended
for so long as the area continues to meet the 2006 24-hour
PM2.5 NAAQS. The area remains nonattainment for the 2012
annual PM2.5 NAAQS. The EPA is also approving a revision to
California's state implementation plan (SIP) consisting of the 2008
emissions inventory for the Imperial County NA submitted by the
California Air Resources Board (CARB or ``State'') on January 9, 2015.
This action is being taken under the CAA. Elsewhere in this issue of
the Federal Register, we are proposing approval and soliciting written
comment on these actions. If we receive adverse comments on this direct
final rule that result in withdrawal of the entire rule or any part(s)
of it, we will address those comments when we finalize the proposal.
The EPA does not plan to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.

DATES: This rule is effective on May 12, 2017 without further notice,
unless the EPA receives adverse comments by April 12, 2017. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2016-0772, at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the Web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the
EPA's full public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, 415-
972-3964<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' mean EPA.

Table of Contents

I. Background for the EPA's Proposed Action
II. Clean Data Determination
III. Analysis of Emissions Inventories
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background for the EPA's Proposed Action

    On July 18, 1997, the EPA established NAAQS for particles less than
or equal to 2.5 micrometers ([mu]m) in diameter (PM2.5),
including an annual standard of 15.0 micrograms per cubic meter ([mu]g/
m\3\) based on a 3-year average of annual mean PM2.5
concentrations, and a 24-hour (daily) standard of 65 [mu]g/m\3\ based
on a 3-year average of 98th percentile 24-hour PM2.5
concentrations.\1\ Effective December 18, 2006, the EPA revised the
PM2.5 standard by lowering the level of the 24-hour
PM2.5 standard to 35 [mu]g/m\3\ (``2006 PM2.5
standard'') but retained the annual standard at 15 [mu]g/
m\3\.2 3
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    \1\ 62 FR 36852 (July 18, 1997) and 40 CFR 50.7.
    \2\ 71 FR 61144 (October 17, 2006).
    \3\ Effective March 18, 2013, the EPA strengthened the primary
annual PM2.5 NAAQS by lowering the level to 12.0 [mu]g/
m\3\ while retaining the secondary annual PM2.5 NAAQS at
the level of 15.0 [mu]g/m\3\. 78 FR 3086 (January 15, 2013) and 40
CFR 50.18.
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    Following promulgation of a new or revised NAAQS, the EPA is
required under CAA section 107(d) to designate areas throughout the
nation as attaining or not attaining the NAAQS. On January 5, 2005, the
EPA published initial air quality designations for the 1997 annual and
24-hour PM2.5 NAAQS.\4\ We designated Imperial County as
``Unclassifiable/Attainment'' for both the 1997 annual and 24-hour
PM2.5 standards under subpart 1 of the CAA. We subsequently
designated a portion of Imperial County as nonattainment under subpart
1 of the CAA for the 2006 24-hour standard effective December 13, 2009
(74 FR 58688, November 13, 2009).\5\
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    \4\ 70 FR 944 (January 5, 2005).
    \5\ In 2015, the EPA designated a portion of Imperial County
nonattainment for the 2012 annual PM2.5 NAAQS. The CDD
that is the subject of this direct final rule pertains only to the
2006 24-hour PM2.5 standard. The area remains
nonattainment for the 2012 annual PM2.5 standard. See 80
FR 2206 (January 15, 2015).
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    On June 2, 2014 (79 FR 31566), in response to a decision by the
United States Court of Appeals for the District of Columbia, the EPA
published a final rule classifying all areas then designated
nonattainment for the 1997 and/or 2006 PM2.5 standards as
``Moderate'' under subpart 4 and establishing a deadline of December
31, 2014 for states to submit any attainment-related SIP elements
required for these areas pursuant to subpart 4.\6\ The EPA provided its
rationale for these actions in both the proposed and final
classification/deadline rule.\7\
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    \6\ In April 2007, the EPA issued an implementation rule to
assist states with the development of SIP submissions to meet
attainment planning requirements of the 1997 standards (the ``2007
PM2.5 Implementation Rule''). 72 FR 20583 (April 25,
2007). The EPA premised the 2007 PM2.5 Implementation
Rule on its interpretation that nonattainment areas for the
PM2.5 standards were subject solely to the general
nonattainment plan requirements of subpart 1, part D of title 1 of
the CAA (``subpart 1''). On January 4, 2013, the D.C. Circuit Court
of Appeals issued its decision in a challenge to our 2007
PM2.5 implementation rule. See NRDC v. EPA, 706 F.3d 428
(D.C. Cir. 2013). In NRDC, the court held that the EPA erred in
implementing the 1997 PM2.5 standard pursuant only to the
general implementation requirements of subpart 1, rather than also
to the implementation requirements specific to particulate matter in
subpart 4, part D of title 1 of the CAA (``subpart 4''). The court
remanded the rule and instructed the EPA ``to repromulgate these
rules pursuant to Subpart 4 consistent with this opinion.'' This
reasoning applies to all PM2.5 standards.
    \7\ See 78 FR 69806, 69809 (November 21, 2013) and 79 FR 31566,
31568 (June 2, 2014).
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    Under EPA's longstanding Clean Data Policy, EPA may issue a
determination of attainment after notice and comment rulemaking
determining that a specific area is attaining the relevant
standard.8 9 The effect of a CDD is to suspend the
requirement for the area to submit an attainment demonstration,
reasonably available control measures (RACM), a reasonable further
progress (RFP) plan, contingency measures, and any other planning
requirements related to attainment for as long as the area continues to
attain the standard.
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    \8\ ``Clean Data Policy for the Fine Particle National Ambient
Air Quality Standards,'' Memorandum from Stephen D. Page, December
14, 2004.
    \9\ In a separate action mandated by CAA section 188(b)(2), the
EPA has proposed to determine that Imperial County attained the 2006
24-hour PM2.5 standard by the applicable attainment
deadline of December 31, 2015. See 81 FR 91088 (December 16, 2016).
A determination that an area has attained by the applicable
attainment date does not constitute a redesignation to attainment.
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    The EPA issued the Fine Particulate Matter National Ambient Air
Quality Standards: State Implementation Plan Requirements on July 29,
2016 (effective October 24, 2016).\10\ In that rule, the EPA reaffirmed
the Clean Data Policy at 40 CFR 51.1015, as follows:
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    \10\ 81 FR 58010 (August 24, 2016).

    Upon a determination by EPA that a moderate PM2.5
nonattainment area has attained the PM2.5 NAAQS, the
requirements for the state to submit an attainment demonstration,
provisions demonstrating that reasonably available control measures
(including reasonably available control technology for stationary
sources) shall be implemented no later than 4 years following the
date of designation of the area, reasonable further progress plan,
quantitative milestones and quantitative milestone reports, and
contingency measures for the area shall be suspended until such time
as: (1) The area is redesignated to attainment, after which such
requirements are permanently discharged; or, (2) EPA determines that
the area has re-violated the PM2.5 NAAQS, at which time
the state shall submit such attainment plan elements for the
moderate nonattainment area by a future date to be determined by EPA
and announced through publication in the Federal Register at the
time EPA determines the area is violating the PM2.5
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NAAQS. See 40 CFR 51.1015.

    A CDD does not suspend the requirements for an emissions inventory
or new source review.\11\
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    \11\ On December 8, 2016, the EPA proposed action on three rules
that update the ICAPCD's NSR program. Specifically, we have proposed
to fully approve Rules 204 (Applications) and 206 (Processing of
Applications), and proposed a limited approval/limited disapproval
of Rule 207 (New and Modified Stationary Source Review). We expect
this proposed action to be published in the Federal Register in the
near future. Today's action includes our proposed approval of the
emissions inventories included in the attainment plan for the
Imperial County NA submitted on January 9, 2015. See Section III
below.

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II. Clean Data Determination

A. Criteria for Determining Attainment

    Under EPA regulations in 40 CFR part 50, section 50.18 and in
accordance with appendix N, the 2006 24-hour PM2.5 standard
is met when the design value is less than or equal to 35 [mu]g/m\3\
(based on the rounding convention in 40 CFR part 50, appendix N) at
each eligible monitoring site within the area.\12\ Data completeness
requirements for a given year are met when at least 75 percent of the
scheduled sampling days for each quarter have valid data. A
determination of whether an area's air quality currently meets the
PM2.5 NAAQS is generally based upon the most recent three
years of complete, quality-assured data gathered at established State
and Local Air Monitoring Stations (SLAMS) in a nonattainment area and
entered into the EPA's Air Quality System (AQS) database.\13\ Data from
ambient air monitors operated by state/local agencies in compliance
with the EPA monitoring requirements must be submitted to AQS.
Monitoring agencies annually certify that these data are accurate to
the best of their knowledge. Accordingly, the EPA relies primarily on
data in AQS when determining the attainment status of areas.\14\
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    \12\ The 24-hour PM2.5 standard design value is the
3-year average of annual 98th percentile 24-hour average values
recorded at each eligible monitoring site, and the 2006 24-hour
PM2.5 NAAQS is met when the 24-hour standard design value
at each monitoring site is less than or equal to 35 [mu]g/m\3\.
    \13\ AQS is the EPA's repository of ambient air quality data.
    \14\ See 40 CFR 50.7; 40 CFR part 50, appendix L; 40 CFR part
53; 40 CFR part 58, and 40 CFR part 58, appendices A, C, D, and E.
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B. Monitoring Network and Data Considerations

    The State and the District are the governmental agencies with the
authority and responsibility under state law for collecting ambient air
quality data within the Imperial County NA. Annually, CARB and the
ICAPCD submit monitoring network plans to the EPA. These plans discuss
the status of the air monitoring network as required under 40 CFR part
58. The EPA reviews these annual network plans for compliance with the
applicable reporting requirements in 40 CFR 58.10. With respect to
PM2.5, we have found that the annual network plans submitted
by CARB and the ICAPCD meet the applicable requirements under 40 CFR
part 58.\15\ Furthermore, we concluded in our Technical System Audit
Report of CARB's and ICAPCD's ambient air quality monitoring program
that the ambient air monitoring network currently meets or exceeds the
requirements for the minimum number of monitoring sites designated as
SLAMS for PM2.5 in the Imperial County NA.\16\ CARB annually
certifies that the data it submits to AQS are quality-assured.\17\
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    \15\ See, e.g., letter from Meredith Kurpius, Manager, Air
Quality Analysis Office, U.S. EPA Region IX, to Brad Poiriez, Air
Pollution Control Officer, ICAPCD, dated October 24, 2014.
    \16\ See, e.g., letter from Elizabeth J. Adams, Acting Director,
Air Division, U.S. EPA Region IX, to Richard Corey, Executive
Officer, CARB, dated August 31, 2016.
    \17\ See, e.g., letter from Ravi Ramalingam, Chief, Consumer
Products and Air Quality Assessment Branch, CARB, to Elizabeth
Adams, Director, Air Division, U.S. EPA Region IX, dated May 10,
2016.
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    During the 2013-2015 period, CARB and ICAPCD operated three SLAMS
within the Imperial County NA; all three sites are located in the
southern portion of Imperial County. The Calexico-Ethel monitoring site
is operated by CARB and is located approximately 0.7 miles north of the
United States-Mexico border. The Calexico-Ethel monitoring site is the
design value site for PM2.5 and the only violating SLAMS in
Imperial County. ICAPCD operates two additional SLAMS: the Brawley
monitoring site, located in the City of Brawley, 9 miles north of the
border, and the El Centro monitoring site, located in the City of El
Centro, 22 miles north of the border.
    For the purposes of this proposed action, we reviewed the data for
the most recent three-year period (2013-2015) for completeness and
determined that the data collected by CARB and the ICAPCD meet the
completeness criterion for all 12 quarters at PM2.5
monitoring sites in the Imperial County NA.\18\
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    \18\ The EPA notes that CARB and ICAPCD did not start daily
sampling until 2014; however, daily sampling was not required under
the monitoring regulations that applied at the time. Further, a
separate calculation based on daily sampling data collected in 2013
at a collocated non-regulatory monitor yields a 98th percentile
value for 2013 similar to that of the primary regulatory monitor.
See memorandum from Michael Flagg, U.S. EPA, Region IX, Air Quality
Analysis Office, ``Implementation of PM2.5 sampling
frequency requirements in Imperial County,'' November 1, 2016. This
memorandum is included in the rulemaking docket for this action.
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C. Evaluation of Current Attainment

    The EPA's evaluation of whether the Imperial County NA has attained
the 2006 24-hour PM2.5 NAAQS is based on our review of the
monitoring data and takes into account the adequacy of the
PM2.5 monitoring network in the nonattainment area and the
reliability of the data collected by the network, as previously
discussed.
    Table 1 shows the 24-hour PM2.5 design values at each of
the three monitoring sites within the Imperial County NA for the most
recent three-year period (2013-2015).

                    Table 1--2013-2015 24-Hour PM2.5 Design Values for the Imperial County NA
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                                                               98th percentile  ([mu]g/m\3\)      2013-2015  24-
                                                          ---------------------------------------  hour  design
             Local site name               Site  (AQS ID)                                         values  ([mu]g/
                                                               2013         2014         2015          m\3\)
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Calexico Ethel...........................     06-025-0005         27.4         36.3         34.6              33
El Centro................................     06-025-1003         19.0         19.6         14.1              18
Brawley..................................     06-025-0007         17.2         19.9         12.4              17
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Source: EPA, Design Value Report, December 2, 2016.

    The data show that the 24-hour design value for the 2013-2015
period was equal to or less than 35 [mu]g/m\3\ at all monitors.
Therefore, we are proposing to determine, based on complete, quality-
assured, and certified data for 2013-2015, that the Imperial County NA
has attained the 2006 24-hour PM2.5 standard. Preliminary
data available in AQS for 2016 (January through August) indicate that
the area continues to attain the standard and are consistent with the

determination of attainment. Additional preliminary data available on
CARB's real-time Web site for September through December are also
consistent with attainment.\19\
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    \19\ CARB's real-time AQMIS (Air Quality and Meteorological
Information System) database can be found at: https://www.arb.ca.gov/aqmis2/aqmis2.php. AQMIS provides a combination of
preliminary real-time data and historical regulatory data.
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III. Analysis of Emissions Inventories

A. California's SIP Submittal for the 2006 PM2.5 Standard
for the Imperial County NA

    Today's action also concerns the emissions inventories included in
the ``Imperial County 2013 State Implementation Plan for the 2006 24-
Hour PM2.5 Moderate Nonattainment Area'' (``2013
PM2.5 Plan'' or ``Plan'') adopted by the District on
December 2, 2014 and submitted to the EPA as a SIP revision on January
9, 2015.\20\
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    \20\ As provided in 40 CFR 51.1015, our clean data determination
for the Imperial County NA suspends requirements to submit an
attainment demonstration, associated RACM, RFP plan, contingency
measures, and other SIP revisions related to the attainment of the
2006 24-hour PM2.5 NAAQS, but does not suspend the
requirement for an inventory. Therefore, in conjunction with our
clean data determination for the Imperial County NA, we are also
approving the 2008 base year inventories submitted with the 2013
PM2.5 Plan.
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B. Public Notice, Public Hearing, and Completeness Requirements for SIP
Submittals

    CAA sections 110(a)(1) and (2) and 110(l) require each state to
provide reasonable public notice and opportunity for public hearing
prior to the adoption and submission of a SIP or SIP revision to the
EPA. To meet this requirement, every SIP submission should include
evidence that adequate public notice was given and an opportunity for a
public hearing was provided consistent with the EPA's implementing
regulations in 40 CFR 51.102.
    Both the District and the State satisfied applicable statutory and
regulatory requirements for reasonable public notice and hearing prior
to adoption and submission of the 2013 PM2.5 Plan. The
District provided a public comment period and held a public hearing
prior to the adoption of the SIP submission on December 2, 2014.\21\
CARB provided the required public notice and opportunity for public
comment prior to its December 18, 2014 public hearing and adoption of
the SIP submission.\22\ The submission includes proof of publication of
notices for the respective public hearings. We find, therefore, that
the 2013 PM2.5 Plan meets the procedural requirements for
public notice and hearing in CAA sections 110(a) and 110(l).
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    \21\ ICAPCD, ``Notice of Public Hearing for Adoption of Imperial
County 2013 State Implementation Plan for the 2006 24-Hour
PM2.5 Moderate Nonattainment Area,'' published October
24, 2014 and November 2, 2014.
    \22\ CARB, ``Notice of Public Meeting to Consider Approval of
the Imperial County 2013 State Implementation Plan for the 2006 24-
Hour PM2.5 Moderate Nonattainment Area,'' November 18,
2014; and CARB Board Resolution 14-43, ``Imperial County 2013 State
Implementation Plan for the 2006 24-Hour PM2.5 Moderate
Nonattainment Area,'' December 18, 2014.
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    CAA section 110(k)(1)(B) requires the EPA to determine whether a
SIP submission is complete within 60 days of receipt. This section of
the CAA also provides that any plan that the EPA has not affirmatively
determined to be complete or incomplete will become complete by
operation of law six months after the date of submission. The EPA's SIP
completeness criteria are found in 40 CFR part 51, Appendix V. The
January 9, 2015 SIP submission became complete by operation of law on
July 9, 2015.

C. Requirements for Emissions Inventories

    CAA section 172(c)(3) requires that each SIP include a
comprehensive, accurate, current inventory of actual emissions from all
sources of the relevant pollutant or pollutants in the area. By
requiring an accounting of actual emissions from all sources of the
relevant pollutants in the area, this section ensures that the base
year inventory will include all emissions that contribute to the
formation of a particular NAAQS pollutant. For the 2006 24-hour
PM2.5 NAAQS, this includes directly emitted PM2.5
(referred to as primary or direct PM2.5) as well as the main
chemical precursors to the formation of secondary PM2.5:
Nitrogen oxides (NOX), sulfur oxides (SOx),
volatile organic compounds (VOC), and ammonia (NH3). Primary
PM2.5 includes condensable and filterable particulate
matter.
    A state should include in its SIP submittal documentation
explaining how the emissions data were calculated. In estimating mobile
source emissions, a state should use the latest emissions models and
planning assumptions available at the time the SIP is developed. At the
time the 2013 PM2.5 Plan was developed, California was
required to use the model EMFAC2011 to estimate tailpipe and brake and
tire wear emissions of PM2.5, NOX,
SOx, and VOC from on-road mobile sources (78 FR 14533, March
6, 2013). States are required to use the EPA's AP-42 road dust method
for calculating re-entrained road dust emissions from paved roads (76
FR 6328, February 4, 2011).

D. Emissions Inventories in the 2013 PM2.5 Plan

    The annual average planning inventories for direct PM2.5
and all PM2.5 precursors (NOX, SOx,
VOC, and ammonia) for the Imperial County PM2.5 NA, together
with documentation for the inventories, are found in Chapter 3 of the
2013 PM2.5 Plan. CARB and the District worked together to
develop a complete inventory for all sources in Imperial County using
activity information and emission factors. Activity data may come from
national survey data or reports (e.g., from the United States
Department of Agriculture Economic Research Service) or local sources
such as the Southern California Gas Company, paint suppliers, and
District databases. Emission factors can be based on a number of
variables including source tests, compliance reports, and the EPA's AP-
42.
    CARB provided annual average and winter daily average inventories
for 2008, which it designated as the base year for the 2006
PM2.5 Plan. CARB included both annual average and winter
daily average inventories because a majority of the exceedances
addressed by the 2013 PM2.5 Plan occurred in the winter
(November through April). Each inventory includes emissions from point,
area, on-road, and non-road sources. Stationary sources include point
and area sources. Point sources in the Imperial County air basin that
emit 10 tons per year or more of VOC, NOX, SOx,
or PM2.5 report annual emissions to the District.
    The District and CARB develop an annual emissions inventory for all
sources in Imperial County, including separate inventories for winter
and summer and an annual average inventory. Point source emissions for
the 2008 base year emission inventories were based on this information.
Area sources include smaller emissions sources distributed across the
nonattainment area. Many small point sources and facilities that are
not inventoried individually are estimated as a group and are included
in the area source category.
    The source categories that generate the most emissions (unpaved
roads and tilling and harvesting operations) reflect implementation of
PM10 Best Available Control Measures (BACM) approved rules.
Agricultural burning is regulated under both ICAPCD's EPA-approved Rule
701 and its CARB-approved Smoke Management Plan.

    The on-road mobile inventories use EMFAC2011 for estimating motor
vehicle emissions.\23\ EMFAC2011 calculates emission rates from all
motor vehicles that operate on highways, freeways, and local roads in
California. EMFAC2011 uses California Department of Motor Vehicle
registration data for the number of vehicles, the Southern California
Association of Governments travel demand output model for the number of
vehicle miles traveled, and California Bureau of Automotive Repair for
odometer readings and for emission factors derived from vehicle
surveillance programs and dynamometer readings.
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    \23\ 2013 PM2.5 Plan, p. 21-22.
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    Off-road emissions such as construction, aircraft (military,
commercial, and civil), gardening equipment, agricultural equipment,
and recreational vehicle emissions were calculated using CARB's 2011
Off-Road Model.\24\ The off-road model uses source population,
activity, and emission estimates for all off-road vehicles, including
boats, outdoor recreational vehicles, industrial and construction
equipment, farm equipment, lawn and garden equipment, aircraft, and
trains.
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    \24\ Id.
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    A summary of the Plan's 2008 winter and annual base year
inventories is provided in Table 2 below. For a more detailed
discussion of the inventories, see the 2013 PM2.5 Plan,
Chapter 3.

Table 2--PM2.5 Emissions Inventory by Source Category, Winter and Annual
                     Planning Emissions Inventories
                          [tpd (tons per day)]
------------------------------------------------------------------------
                                          Winter average  Annual average
             Source category                   2008            2008
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Direct PM2.5
  Stationary Sources....................           0.495           0.508
  Area-Wide Sources.....................          10.786          10.933
  Mobile Sources:
    On-Road Vehicles....................           0.302           0.301
    Other Mobile Sources:
      Aircraft..........................           0.759           0.760
      Off-Road, Trains, Recreational               0.277           0.322
       Boats, and Farm Equipment........
                                         -------------------------------
        Total Direct PM2.5..............          12.619          12.824
Nitrogen Oxides
  Stationary Sources....................           1.836           1.875
  Area-Wide Sources.....................           0.423           0.462
  Mobile Sources:
    On-Road Vehicles....................           8.608           8.425
    Other Mobile Sources:
      Aircraft..........................           1.523           1.524
      Off-Road, Trains, Recreational               6.053           6.502
       Boats, and Farm Equipment........
                                         -------------------------------
        Total Nitrogen Oxides...........          18.443          18.788
Volatile Organic Compounds
  Stationary Sources....................           1.059           1.071
  Area-Wide Sources.....................           7.639           9.069
  Mobile Sources:
    On-Road Vehicles....................           1.996           2.072
    Other Mobile Sources:
      Aircraft..........................           2.186           2.189
      Off-Road, Trains, Recreational               2.657           3.624
       Boats, and Farm Equipment........
                                         -------------------------------
        Total Volatile Organic Compounds          15.537          18.025
Sulfur Oxides
  Stationary Sources....................           0.079           0.081
  Area-Wide Sources.....................           0.058           0.068
  Mobile Sources:
    On-Road Vehicles....................           0.015           0.015
    Other Mobile Sources:
      Aircraft..........................           0.204           0.205
      Off-Road, Trains, Recreational               0.026           0.026
       Boats and Farm Equipment.........
                                         -------------------------------
        Total Sulfur Oxides.............           0.382           0.395
Ammonia
  Stationary Sources....................           3.142           3.100
  Area-Wide Sources.....................          27.622          31.693
  Mobile Sources:
    On-Road Vehicles....................           0.166           0.166
    Other Mobile Sources:
      Aircraft..........................           0.000           0.000
      Off-Road, Trains, Recreational               0.002           0.002
       Boats and Farm Equipment.........
                                         -------------------------------
        Total Ammonia...................          30.932          34.961
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Source: 2013 PM2.5 Plan, Chapter 3, Tables 3.1, 3.7, 3.8, 3.9, and 3.10.

E. EPA's Evaluation and Final Action

    The inventories in the 2013 PM2.5 Plan are based on the
most current and accurate information available to the State and
District at the time the Plan and its inventories were being developed,
including the latest EPA-approved version of California's mobile source
emissions model, EMFAC2011, and the EPA's most recent AP-42 methodology
for paved road dust. The inventories comprehensively address all source
categories in the Imperial County NA and were developed consistent with
the EPA's inventory guidance. For these reasons, we are approving the
2013 PM2.5 Plan's annual average and winter daily average
inventories for 2008 as meeting the requirements of CAA section
172(c)(3).

IV. Final Action

    The EPA is determining that the Imperial County NA has attained the
2006 24-hour PM2.5 NAAQS. As provided in 40 CFR 51.1015,
this clean data determination suspends the requirements for this area
to submit an attainment demonstration, associated RACM, RFP plan,
contingency measures, and any other planning SIP revisions related to
the attainment of the 2006 24-hour PM2.5 NAAQS, so long as
this area continues to meet the standard. This clean data determination
does not constitute a redesignation to attainment. The Imperial County
NA will remain designated nonattainment for the 2006 24-hour
PM2.5 NAAQS until such time as the EPA determines, pursuant
to sections 107 and 175A of the CAA, that the Imperial County NA meets
the CAA requirements for redesignation to attainment, including an
approved maintenance plan showing that the area will continue to meet
the standard for 10 years. We are also approving the 2013
PM2.5 Plan's annual average and winter daily average
inventories for 2008 as meeting the requirements of CAA section
172(c)(3).
    As authorized in section 110(k)(3) of the Act, the EPA is fully
approving the submitted base year emissions inventory because we
believe it fulfills all relevant requirements. We do not think anyone
will object to this inventory approval or the CDD, so we are finalizing
them without proposing in advance. However, in the Proposed Rules
section of this issue of the Federal Register, we are simultaneously
proposing to make a CDD and proposing approval of the same submitted
emissions inventory. If we receive adverse comments by April 12, 2017,
we will publish a timely withdrawal in the Federal Register to notify
the public that some or all of the provisions of the direct final
approval will not take effect and we will address the comments in a
subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on May 12, 2017.

V. Statutory and Executive Order Reviews

    This action makes a clean data determination based on air quality
and suspends certain federal requirements, and thus, does not impose
additional requirements beyond those imposed by state law. In addition,
under the Clean Air Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve State choices,
provided that they meet the criteria of the Clean Air Act. Accordingly,
this proposed action merely approves State law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by State law. For these reasons, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; and
     does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, 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 the 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 and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: January 3, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is
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 F--California

0
2. Section 52.220 is amended by adding paragraph (c)(484) to read as
follows:

Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (484) The following plan was submitted on January 9, 2015, by the
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) Imperial County Air Pollution Control District.
    (1) ``Imperial County 2013 State Implementation Plan for the 2006
24-Hour PM2.5 Moderate Nonattainment Area,'' adopted
December 2, 2014, Chapter 3 (``Emissions Inventory'') excluding:
Section 3.4.1 (``Determination of Significant Sources of
PM2.5 Precursors''); the 2011 and 2012 winter and annual
average inventories in Table 3.1 (``PM2.5 Emissions
Inventory by Major Source Category 2008, 2011 and 2012 Winter and
Annual

Planning Emissions Inventories''); the 2011 and 2012 winter and annual
average inventories in Table 3.7 (``NOX Emissions Inventory
by Major Source Category 2008, 2011 and 2012 Winter and Annual Planning
Emissions Inventories''); the 2011 and 2012 winter and annual average
inventories in Table 3.8 (``VOCs Emissions Inventory by Major Source
Category 2008, 2011 and 2012 Winter and Annual Planning Emissions
Inventories''); the 2011 and 2012 winter and annual average inventories
in Table 3.9 (``SOX Emissions Inventory by Major Source
Category 2008, 2011 and 2012 Winter and Annual Planning Emissions
Inventories''); and the 2011 and 2012 winter and annual average
inventories in Table 3.10 (``Ammonia Emissions Inventory by Major
Source Category 2008, 2011 and 2012 Winter and Annual Planning
Emissions Inventories'').

0
3. Section 52.247 is amended by adding paragraph (i) to read as
follows:

Sec.  52.247  Control strategy and regulations: Fine Particle Matter.

* * * * *
    (i) Determination of attainment. Effective May 12, 2017, EPA has
determined that, based on 2013 to 2015 ambient air quality data, the
Imperial County PM2.5 nonattainment area has attained the
2006 24-hour PM2.5 NAAQS. Under the provisions of EPA's
PM2.5 implementation rule (see 40 CFR 51.1015), this
determination suspends the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment for as long as this area
continues to attain the 2006 24-hour PM2.5 NAAQS. If EPA
determines, after notice-and-comment rulemaking, that this area no
longer meets the 2006 24-hour PM2.5 NAAQS, the corresponding
determination of attainment for that area shall be withdrawn.

[FR Doc. 2017-04780 Filed 3-10-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Rules and Regulations]
[Pages 21703-21706]
[FR Doc No: 2017-09385]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0645; FRL-9962-11-Region 5]

Air Plan Approval; Indiana; Commissioner's Order for SABIC
Innovative Plastics

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, as a
revision to the Indiana State Implementation Plan (SIP), a submittal
from the Indiana Department of Environmental Management (IDEM) to EPA,
dated December 5, 2016. The submittal consists of an order issued by
the Commissioner of IDEM that establishes permanent and enforceable
sulfur dioxide (SO2) emission limits for SABIC Innovative
Plastics (SABIC). IDEM submitted this order so the area near SABIC can
be designated ``attainment'' of the 2010 primary SO2
National Ambient Air Quality Standards (NAAQS), a matter that will be
addressed in a separate future rulemaking. EPA's approval of this this
order would make these SO2 emission limits and applicable
reporting, recordkeeping, and compliance demonstration requirements
part of the federally enforceable Indiana SIP.

DATES: This direct final rule is be effective July 10, 2017, unless EPA
receives adverse comments by June 9, 2017. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket ID Nos. EPA-R05-
OAR-2016-0645 at http://www.regulations.gov or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Ko, 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. Why did IDEM issue this Commissioner's Order?
II. What are the SO2 limits in this Commissioner's Order?
III. By what criterion is EPA reviewing this SIP revision?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Why did IDEM issue this Commissioner's Order?

    On December 5, 2016, IDEM submitted for approval, as a revision to
the Indiana SIP, an order issued by IDEM's Commissioner that
establishes SO2 emission limits for SABIC. SO2
emission limits for SABIC previously did not exist in the Indiana SIP.
IDEM established these emission limits so the area near SABIC can
qualify in the future for being designated ``attainment'' of the 2010
primary SO2 NAAQS. The history of the 2010 SO2
NAAQS designation process and the applicable Data Requirements Rule
(DRR) is explained below in order to provide a more detailed
explanation of the context for IDEM's request.
    On June 3, 2010, pursuant to section 109 of the Clean Air Act
(CAA), EPA revised the primary (health-based) SO2 NAAQS by
establishing a new one-hour standard codified at title 40 Code of
Federal Regulations (CFR) section 50.17 (75 FR 35520). Pursuant to
section 107(d) of the CAA, EPA must designate areas as either
``unclassifiable,'' ``attainment,'' or ``nonattainment'' for the 2010
one-hour SO2 primary NAAQS. Under Section 107(d) of the CAA,
a nonattainment area is any area that does not meet the NAAQS or that
contributes to a violation in a nearby area. An attainment area is any
area, other than a nonattainment area, that meets the NAAQS.
Unclassifiable areas are those that cannot be classified on the basis
of

available information as meeting or not meeting the NAAQS.
    On August 5, 2013, EPA published a final rule designating 29 areas
in the United States as nonattainment for the 2010 SO2
NAAQS, based on recorded air quality monitoring data from 2009-2011
that showed violations of the NAAQS (78 FR 47191). In that rulemaking,
EPA committed to address, in separate future actions, the designations
for all other areas for which EPA was not yet prepared to issue
designations.
    Following the initial August 5, 2013, designations, three lawsuits
were filed against EPA in different U.S. District Courts, alleging that
EPA had failed to perform a nondiscretionary duty under the CAA by not
designating all portions of the country by June 2013, three years after
the promulgation of the revised SO2 NAAQS, as required by
Section 107(d) of the CAA. In an effort intended to resolve the
litigation in one of those cases, plaintiffs Sierra Club and the
Natural Resources Defense Council and EPA filed a proposed consent
decree with the U.S. District Court for the Northern District of
California. On March 2, 2015, the Court entered the consent decree and
issued an enforceable order for EPA to complete the area designations
according to the Court-ordered schedule.\1\ The consent decree required
EPA to complete the designations in three additional rounds following
EPA's original designations (Round 1): Round 2 by July 2, 2016, Round 3
by December 31, 2017, and Round 4 by December 31, 2020. This action
falls within Round 3 of the designation process.
---------------------------------------------------------------------------

    \1\ Sierra Club et al. v. EPA, No. 3:13-cv-3953-SI (N.D.Cal.).
---------------------------------------------------------------------------

    Under the DRR (80 FR 51052), each state air agency was required to
submit a list to the EPA by January 15, 2016, that identified all
sources within the state that had SO2 emissions exceeding
2,000 tons per year (tpy) during the most recent year for which
emissions data for those sources were available, plus any additional
sources and their associated areas identified by the state air agency
or by the EPA as also warranting air quality characterization due to
their potential to contribute to an SO2 NAAQS violation.
    According to IDEM, SABIC emitted 4,030 tons of SO2 in
2014, exceeding the 2,000 tpy threshold, and therefore Indiana
identified SABIC as one of eleven facilities in the state as being
subject to the air quality characterization requirements of the DRR. To
satisfy the requirements of the DRR, states must characterize local
SO2 concentrations with either air dispersion modeling or
ambient air monitoring. States also have the option to establish a
permanent and federally enforceable facility-wide limit on
SO2 emissions from a listed source to below 2,000 tpy. On
June 30, 2016, Indiana informed EPA that SABIC had selected the
dispersion modeling option to characterize the local SO2
concentrations in the area surrounding the facility. Indiana also wrote
on September 26, 2016, to inform EPA that it planned to pursue
federally enforceable limits for SABIC as a means to provide for
attainment in the area.
    Under the DRR, for sources such as SABIC that the state has elected
to address through modeling, the state is required to submit modeling
by January 13, 2016, characterizing nearby air quality. Under the DRR,
Indiana may submit modeling showing that the applicable limits provide
for attainment of the standard, but only if these limits are federally
enforceable.
    SABIC requested a Commissioner's Order from IDEM to be submitted to
EPA so as to establish federally enforceable and permanent
SO2 emission limits that will ensure modeled attainment of
the 2010 SO2 NAAQS in accordance with EPA's Draft SO2 NAAQS
Designations Modeling Technical Assistance Document.\2\ Therefore, IDEM
conducted air dispersion modeling using the American Meteorological
Society/Environmental Protection Agency Regulatory Model (AERMOD)
version 15181 in accordance with appendix W of 40 CFR part 51 to
determine SO2 emission limits for SABIC that should result
in modeled attainment of the 2010 SO2 NAAQS in the area near
this facility.
---------------------------------------------------------------------------

    \2\ Draft SO2 NAAQS Designations Modeling Technical Assistance
Document. December 2013. http://www3.epa.gov/airquality/sulfurdioxide/pdfs/SO2ModelingTAD.pdf.
---------------------------------------------------------------------------

    IDEM has requested that EPA approve Commissioner's Order 2016-03
for SABIC as part of Indiana's SIP. If EPA approves the SO2
emission limits contained in these orders, they would become federally
enforceable. Once these SO2 emission limits have become
federally enforceable, IDEM intends to use them to demonstrate modeled
attainment for the 2010 SO2 NAAQS for the area near SABIC.
To be clear, the purpose of this rulemaking is to take action on IDEM's
request to approve these SO2 emission limits into the
Indiana SIP and thereby make them federally enforceable. The purpose of
this rulemaking is not to take action on whether these SO2
emission limits are adequate for EPA to designate attainment of the
2010 SO2 NAAQS for the area near SABIC. EPA intends to
complete 2010 SO2 NAAQS designations for areas under the
Federal consent decree deadlines, including the area near SABIC, in
separate rulemakings.

II. What are the SO2 limits in these Commissioner's Orders?

    For SABIC, Indiana issued Commissioner's Order 2016-03 on October
20, 2016, with an effective date of January 13, 2017. This order
established SO2 emission limits for 20 emission units within
the SABIC facility. According to IDEM, the COS Vent Oxidizer and the
COS Flare units contribute the most to SO2 ambient air
concentrations in the area. Within the SABIC process line, the COS Vent
Oxidizer is the primary control device, and the COS Flare serves as a
back-up to the oxidizer or is used during safety interlock of the
system. The function of both units is to eliminate the sulfur-
containing compounds in the regeneration gas via thermal combustion.
The order established the following emissions rates for the COS Vent
Oxidizer and the COS Flare: (a) 415 lb/hr, one-hour average; and (b)
269.21 lb/hr, twenty-four hour rolling average, based on daily coke
usage and daily sulfur input. The 18 other emission limits for
ancillary units are minor contributors to the overall SO2
ambient air concentrations in the area, and are listed in Table 1
below.

              Table 1--Emission Limits for Ancillary Units
------------------------------------------------------------------------
                                                          Emission limit
                        Unit name                          (lb/hr, one-
                                                           hour average)
------------------------------------------------------------------------
NE Boiler (01-101)......................................            0.15
BW Gas (01-014).........................................            0.15
H-790 (12-701)..........................................            0.02
H-520 (03-007)..........................................          0.0045
H-530A (03-008).........................................            27.8
H-530B (03-008).........................................            27.8
H-390 (12-169)..........................................          0.0102
H-900 (13-049)..........................................            1.86
H-900B (13-321).........................................          0.0188
SC 1/2 (13-155).........................................          0.0008
H-7090 (04-063).........................................         0.00235
H-6060 (04-050).........................................         0.00153
F-972 (08-001)..........................................           0.518
COGEN (19-001)..........................................            1.17
AUX BOILER (19-002).....................................            0.15
AUX2 BOILER (19-003)....................................            0.15
CG1 BOILER (19-004).....................................            0.15
R BOILER (09-106).......................................            0.11
------------------------------------------------------------------------

III. By what criterion is EPA reviewing this SIP revision?

    EPA has evaluated this revision on the basis of whether it
strengthens Indiana's SIP. Prior to Commissioner's Order 2016-03, there
were no specific

SO2 emission limitations in the SIP applicable to SABIC. The
SO2 emission limits contained in Commissioner's Order 2016-
03 for SABIC establish permanent and enforceable limits, and should,
therefore, strengthen Indiana's SIP.
    The adequacy of these limits for providing for attainment is not a
prerequisite for approval of these limits. Nevertheless, the purpose of
these limits is ultimately to provide for attainment, and EPA is
working with Indiana to assure a proper analysis of the adequacy of
these limits for this purpose.

IV. What action is EPA taking?

    EPA is approving Commissioner's Order 2016-03 as part of the
Indiana SIP. The Commissioner's Order strengthens Indiana's SIP by
incorporating SO2 emission limits for SABIC, which did not
have any specific SO2 emission limits for SABIC previously.
By approving the Commissioner's Order into the Indiana SIP, these
SO2 emission limits and applicable reporting, recordkeeping,
and compliance demonstration requirements contained in the order would
become federally enforceable, and strengthen the Indiana SIP.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective July 10, 2017
without further notice unless we receive relevant adverse written
comments by June 9, 2017. If we receive such comments, we will withdraw
this action before the effective date by publishing a subsequent
document that will withdraw the final action. All public comments
received will then be addressed in a subsequent final rule based on the
proposed action. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time. Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment. If we do
not receive any comments, this action will be effective July 10, 2017.

V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Commissioner's Order described in the amendments to 40 CFR part 52 set
forth below. Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference by
the Director of the Federal Register in the next update to the SIP
compilation.\3\ EPA has made, and will continue to make, these
documents generally available through www.regulations.gov, and/or at
the EPA Region 5 Office (please contact the person identified in the
For Further Information Contact section of this preamble for more
information).
---------------------------------------------------------------------------

    \3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

    Under the CAA, 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 and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 July 10, 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this

action published in the proposed rules section of today's Federal
Register, rather than file an immediate petition for judicial review of
this direct final rule, so that EPA can withdraw this direct final rule
and address the comment in the proposed rulemaking. This action may not
be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.

    Dated: April 20, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is 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. In Sec.  52.770 the table in paragraph (d) is amended by adding an
entry for ``SABIC Innovative Plastics'' to read as follows:

Sec.  52.770  Identification of plan.

* * * * *
    (d) * * *

                                 EPA-Approved Indiana Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
          CO date                    Title             SIP rule          EPA approval           Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
10/20/2016.................  SABIC Innovative                  N.A  5/10/2017, [Insert     Limitation intended
                              Plastics.                              Federal Register       to support
                                                                     citation].             attainment
                                                                                designation.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-09385 Filed 5-9-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Page 48390]
[FR Doc No: 2015-19827]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Operating
Requirements: Domestic, Flag and Supplemental Operations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. 14 CFR part 121 prescribes the requirements governing air
carrier operations. The information collected is used to determine air
operators' compliance with the minimum safety standards and the
applicants' eligibility for air operations certification.

DATES: Written comments should be submitted by October 13, 2015.

ADDRESSES: Send comments to the FAA at the following address: Ronda
Thompson, Room 300, Federal Aviation Administration, ASP-110, 950
L'Enfant Plaza SW., Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson at<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0008.
    Title: Operating Requirements: Domestic, Flag and Supplemental
Operations.
    Form Numbers: There are no FAA forms associated with this
collection of information.
    Type of Review: Renewal of an information collection.
    Background: Under the authority of Title 49 CFR, Section 44701,
Federal Aviation Regulations Part 121 prescribe the terms, conditions,
and limitations as are necessary to ensure safety in air
transportation. Each operator which seeks to obtain, or is in
possession of, an air carrier operating certificate must comply with
the requirements of FAR Part 121 in order to maintain data which is
used to determine if the air carrier is operating in accordance with
minimum safety standards.
    Respondents: Approximately 75 air operators/applicants.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 27.52 hours.
    Estimated Total Annual Burden: 1,430,987 hours.
    Public comments invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC, on August 4, 2015.
Ronda Thompson,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, ASP-110.
[FR Doc. 2015-19827 Filed 8-11-15; 8:45 am]
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