Approval and Promulgation of Air Quality Implementation Plans; Indiana; South Bend/Elkhart, Indiana Ozone Maintenance Plan Revision to Approved Motor Vehicle Emissions Budgets, 74590-74592 [2012-30107]
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SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2012–0536; FRL–9761–1]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
South Bend/Elkhart, Indiana Ozone
Maintenance Plan Revision to
Approved Motor Vehicle Emissions
Budgets
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving Indiana’s
request to revise the South Bend/
Elkhart, Indiana 1997 8-hour ozone
maintenance state air quality
implementation plan (SIP) by replacing
the previously approved motor vehicle
emissions budgets (budgets) with
budgets developed using EPA’s Motor
Vehicle Emissions Simulator (MOVES)
emissions model. EPA proposed
approval on October 4, 2012, and did
not receive any public comments on the
proposal.
DATES: This final rule is effective on
January 16, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2012–0536. 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 electronically through
www.regulations.gov or in hard copy 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 Patricia
Morris, Environmental Scientist, at
(312) 353–8656 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Patricia Morris, Environmental
Scientist, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8656,
morris.patricia@epa.gov.
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SUMMARY:
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I. What is the background for this action?
II. What public comments were received?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this
action?
On June 15, 2012, Indiana submitted
to EPA replacement budgets based on
MOVES2010a for the South Bend/
Elkhart, Indiana area. This SIP revision,
if approved, would replace MOBILE6.2based approved budgets in the 1997 8hour ozone maintenance plan for South
Bend/Elkhart, Indiana with
MOVES2010a-based budgets. Indiana
supplemented the SIP revision request
on August 17, 2012. The August 17,
2012, submittal letter with the state
public comment documentation
completed the requirements for the SIP
submittal. On October 4, 2012, EPA
proposed to approve the Indiana SIP
revision request (see 77 FR 60661).
Additional explanatory information is
contained in EPA’s October 4, 2012,
proposal.
Under section 176(c) of the Clean Air
Act (CAA), transportation plans,
Transportation Improvement Programs
(TIPs), and transportation projects must
‘‘conform’’ to (i.e., be consistent with)
the SIP before they can be adopted or
approved. Conformity to the SIP means
that transportation activities will not
cause new air quality violations, worsen
existing air quality violations, or delay
timely attainment of the NAAQS or
delay an interim milestone. The
transportation conformity regulations
can be found at 40 CFR parts 51 and 93.
The South Bend/Elkhart area must use
the updated budgets to demonstrate
transportation conformity. On the
effective date of EPA’s approval of the
submitted budgets, the budgets must be
used by local, state and Federal agencies
in determining whether transportation
activities conform to the SIP as required
by section 176(c) of the CAA.
The MOVES model is EPA’s state-ofthe-art tool for estimating highway
emissions. The model is based on
analyses of millions of emission test
results and considerable advances in the
agency’s understanding of vehicle
emissions. MOVES incorporates the
latest emissions data, more
sophisticated calculation algorithms,
increased user flexibility, new software
design, and significant new capabilities
relative to those reflected in
MOBILE6.2.
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Fmt 4700
Sfmt 4700
States that revise their existing SIPs to
include MOVES budgets must show that
the SIP continues to meet applicable
requirements with the new level of
motor vehicle emissions contained in
the budgets. The transportation
conformity rule (40 CFR
93.118(e)(4)(iv)) requires that ‘‘the motor
vehicle emissions budget(s), when
considered together with all other
emissions sources, is consistent with
applicable requirements for reasonable
further progress, attainment, or
maintenance (whichever is relevant to
the given implementation plan
submission).’’
EPA has determined, based on its
evaluation, that the area’s maintenance
plan continues to serve its intended
purpose with the MOVES2010a-based
budgets and that the budgets themselves
meet the adequacy criteria in the
conformity rule at 40 CFR 93.118(e)(4).
The basis for this conclusion is
contained in the proposed approval (77
FR 60661).
II. What public comments were
received?
The State public comment period on
the proposal ended on July 18, 2012.
The State offered to hold a public
hearing on request but one was not
requested. The State received no public
comments during the comment period.
EPA had a 30 day public comment
period on the proposed approval. The
public comment period closed on
November 5, 2012. EPA received no
comments during the public comment
period.
III. What action is EPA taking?
EPA is approving new MOVES2010abased budgets for the South Bend/
Elkhart, Indiana 1997 ozone
maintenance area because the submitted
budgets should continue to keep
emissions below the attainment level
and maintain air quality. On the
effective date of this rulemaking, the
submitted MOVES2010a-based budgets
will replace the existing, MOBILE6.2based budgets in the State’s 1997 8-hour
ozone maintenance plan and will be
used in future transportation conformity
analyses for the area. The previously
approved MOBILE6.2-based budgets
will no longer be applicable for
transportation conformity purposes. The
table below contains the MOVES2010abased budgets for the South Bend/
Elkhart, Indiana area which are being
approved in this action.
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• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
[MOVES-based onroad emissions]
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
Year
2020
subject to Executive Order 13211 (66 FR
Nitrogen oxides tons/day .................... 13.95 28355, May 22, 2001);
Volatile organic compounds tons/day
6.73
• Is not subject to requirements of
Section 12(d) of the National
IV. Statutory and Executive Order
Technology Transfer and Advancement
Reviews
Act of 1995 (15 U.S.C. 272 note) because
Under the CAA, the Administrator is
application of those requirements would
required to approve a SIP submission
be inconsistent with the CAA; and
that complies with the provisions of the
• Does not provide EPA with the
CAA and applicable Federal regulations. discretionary authority to address, as
42 U.S.C. 7410(k); 40 CFR 52.02(a).
appropriate, disproportionate human
Thus, in reviewing SIP submissions,
health or environmental effects, using
EPA’s role is to approve state choices,
practicable and legally permissible
provided that they meet the criteria of
methods, under Executive Order 12898
the CAA. Accordingly, this action
(59 FR 7629, February 16, 1994).
merely approves state law as meeting
In addition, this rule does not have
Federal requirements and does not
tribal implications as specified by
impose additional requirements beyond Executive Order 13175 (65 FR 67249,
those imposed by state law. For that
November 9, 2000), because the SIP is
reason, this action:
not approved to apply in Indian country
• Is not a ‘‘significant regulatory
located in the state, and EPA notes that
action’’ subject to review by the Office
it will not impose substantial direct
of Management and Budget under
costs on tribal governments or preempt
Executive Order 12866 (58 FR 51735,
tribal law.
October 4, 1993);
The Congressional Review Act, 5
• Does not impose an information
U.S.C. 801 et seq., as added by the Small
collection burden under the provisions
Business Regulatory Enforcement
of the Paperwork Reduction Act (44
Fairness Act of 1996, generally provides
U.S.C. 3501 et seq.);
that before a rule may take effect, the
• Is certified as not having a
agency promulgating the rule must
significant economic impact on a
submit a rule report, which includes a
substantial number of small entities
copy of the rule, to each House of the
under the Regulatory Flexibility Act (5
Congress and to the Comptroller General
U.S.C. 601 et seq.);
of the United States. EPA will submit a
• Does not contain any unfunded
report containing this action and other
mandate or significantly or uniquely
required information to the U.S. Senate,
affect small governments, as described
the U.S. House of Representatives, and
in the Unfunded Mandates Reform Act
the Comptroller General of the United
of 1995 (Pub. L. 104–4);
• Does not have Federalism
States prior to publication of the rule in
implications as specified in Executive
the Federal Register. A major rule
Order 13132 (64 FR 43255, August 10,
cannot take effect until 60 days after it
1999);
is published in the Federal Register.
MOTOR VEHICLE EMISSION BUDGETS
FOR SOUTH BEND/ELKHART, INDIANA
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 February 15, 2013. 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 in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxides, Ozone, Volatile
organic compounds.
Dated: November 29, 2012.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. The table in § 52.770 paragraph (e)
is amended by adding an entry in
alphabetical order for ‘‘South BendElkhart 1997 8-hour ozone maintenance
plan’’ to read as follows:
■
§ 52.770
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
*
*
South Bend-Elkhart 1997 8-hour
ozone maintenance plan.
*
*
*
3. Section 52.777 is amended by
redesignating paragraph (hh) as
paragraph (hh)(1), and by adding
paragraph (hh)(2) to read as follows
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Explanation
*
*
*
....................................................... 12/17/12, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS].
■
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*
*
§ 52.777 Control Strategy: Photochemical
oxidants (hydrocarbons).
*
*
*
*
*
(hh)(1) * * *
(2) Approval—On August 17, 2012,
Indiana submitted a request to revise the
approved MOBILE6.2 motor vehicle
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*
*
Revision to motor vehicle emission budgets.
Sfmt 4700
*
*
emission budgets (budgets) in the 1997
8-hour ozone maintenance plan for the
South Bend/Elkhart, Indiana area. The
budgets are being revised with budgets
developed with the MOVES2010a
model. The 2020 budgets for South
Bend/Elkhart, Indiana are 6.73 tons per
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day volatile organic compounds (VOCs)
and 13.95 tons per day nitrogen oxides
(NOX).
*
*
*
*
*
[FR Doc. 2012–30107 Filed 12–14–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2011–0542; FRL–9760–2]
Supplemental Determination for
Renewable Fuels Produced Under the
Final RFS2 Program From Grain
Sorghum
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Final rule.
EPA is issuing a supplemental
rule associated with the Renewable Fuel
Standard (RFS) program. This final rule
contains a lifecycle GHG analysis for
grain sorghum ethanol and a regulatory
determination that grain sorghum
ethanol qualifies as a renewable fuel
under the RFS Program. EPA’s analysis
indicates that ethanol made from grain
sorghum at dry mill facilities that use
natural gas for process energy meets the
lifecycle greenhouse gas emissions
reduction threshold of 20 percent
compared to the baseline petroleum fuel
it would replace, and therefore qualifies
as renewable fuel. It also contains our
regulatory determination that grain
sorghum ethanol produced at dry mill
facilities using specified forms of biogas
for both process energy and most
electricity production, has lifecycle
GHG emission reductions of more than
50 percent compared to the baseline
petroleum fuel it would replace, and
that such grain sorghum ethanol
qualifies as an advanced biofuel under
the RFS Program.
SUMMARY:
1 North
Outline of This Preamble
I. General Information
A. Does this action apply to me?
II. Analysis of Lifecycle Greenhouse Gas
Emissions
A. Methodology
1. Scope of Analysis
2. Models Used
3. Scenarios Modeled for Impacts of
Increased Demand for Grain Sorghum
4. Model Modifications
B. Results
1. Agro-Economic Impacts
NAICS 1 codes
Category
Industry
Industry
Industry
Industry
Industry
Industry
Industry
This final rule is effective on
December 17, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2011–0542. All
documents in the docket are listed in
the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave.
NW., Washington, DC 20004. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT:
Jefferson Cole, Office of Transportation
and Air Quality, Transportation and
Climate Division, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460 (MC:
6041A); telephone number: 202–564–
1283; fax number: 202–564–1177; email
address: cole.jefferson@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
............................................
............................................
............................................
............................................
............................................
............................................
............................................
SIC2 codes
324110
325193
325199
424690
424710
424720
454319
2911
2869
2869
5169
5171
5172
5989
2. International Land Use Change
Emissions
3. Grain Sorghum Ethanol Processing
4. Results of Lifecycle Analysis for Ethanol
From Grain Sorghum (Using Dry Mill
Natural Gas)
5. Results of Lifecycle Analysis for Ethanol
From Grain Sorghum (Using Biogas for
Process Energy and On-Site Electricity
Production)
6. Other Ethanol Processing Technologies
C. Consideration of Lifecycle Analysis
Results
1. Implications for Threshold
Determinations
2. Consideration of Uncertainty
D. Other Comments Received
E. Summary
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
IV. Statutory Provisions and Legal Authority
I. General Information
A. Does this action apply to me?
Entities potentially affected by this
action are those involved with the
production, distribution, and sale of
transportation fuels, including gasoline
and diesel fuel or renewable fuels such
as biodiesel and renewable diesel.
Regulated categories include:
Examples of potentially regulated entities
Petroleum Refineries.
Ethyl alcohol manufacturing.
Other basic organic chemical manufacturing.
Chemical and allied products merchant wholesalers.
Petroleum bulk stations and terminals.
Petroleum and petroleum products merchant wholesalers.
Other fuel dealers.
American Industry Classification System (NAICS).
Industrial Classification (SIC) system code.
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2 Standard
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to
engage in activities that may be affected
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by today’s action. To determine whether
your activities would be affected, you
should carefully examine the
applicability criteria in 40 CFR part 80,
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subpart M. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed in the preceding section.
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]]>Agencies
[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Rules and Regulations]
[Pages 74590-74592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30107]
[[Page 74590]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0536; FRL-9761-1]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; South Bend/Elkhart, Indiana Ozone Maintenance Plan Revision to
Approved Motor Vehicle Emissions Budgets
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving Indiana's request to revise the South Bend/
Elkhart, Indiana 1997 8-hour ozone maintenance state air quality
implementation plan (SIP) by replacing the previously approved motor
vehicle emissions budgets (budgets) with budgets developed using EPA's
Motor Vehicle Emissions Simulator (MOVES) emissions model. EPA proposed
approval on October 4, 2012, and did not receive any public comments on
the proposal.
DATES: This final rule is effective on January 16, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2012-0536. 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
electronically through www.regulations.gov or in hard copy 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 Patricia Morris,
Environmental Scientist, at (312) 353-8656 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental
Scientist, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-8656, morris.patricia@epa.gov.
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 the background for this action?
II. What public comments were received?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
On June 15, 2012, Indiana submitted to EPA replacement budgets
based on MOVES2010a for the South Bend/Elkhart, Indiana area. This SIP
revision, if approved, would replace MOBILE6.2-based approved budgets
in the 1997 8-hour ozone maintenance plan for South Bend/Elkhart,
Indiana with MOVES2010a-based budgets. Indiana supplemented the SIP
revision request on August 17, 2012. The August 17, 2012, submittal
letter with the state public comment documentation completed the
requirements for the SIP submittal. On October 4, 2012, EPA proposed to
approve the Indiana SIP revision request (see 77 FR 60661). Additional
explanatory information is contained in EPA's October 4, 2012,
proposal.
Under section 176(c) of the Clean Air Act (CAA), transportation
plans, Transportation Improvement Programs (TIPs), and transportation
projects must ``conform'' to (i.e., be consistent with) the SIP before
they can be adopted or approved. Conformity to the SIP means that
transportation activities will not cause new air quality violations,
worsen existing air quality violations, or delay timely attainment of
the NAAQS or delay an interim milestone. The transportation conformity
regulations can be found at 40 CFR parts 51 and 93. The South Bend/
Elkhart area must use the updated budgets to demonstrate transportation
conformity. On the effective date of EPA's approval of the submitted
budgets, the budgets must be used by local, state and Federal agencies
in determining whether transportation activities conform to the SIP as
required by section 176(c) of the CAA.
The MOVES model is EPA's state-of-the-art tool for estimating
highway emissions. The model is based on analyses of millions of
emission test results and considerable advances in the agency's
understanding of vehicle emissions. MOVES incorporates the latest
emissions data, more sophisticated calculation algorithms, increased
user flexibility, new software design, and significant new capabilities
relative to those reflected in MOBILE6.2.
States that revise their existing SIPs to include MOVES budgets
must show that the SIP continues to meet applicable requirements with
the new level of motor vehicle emissions contained in the budgets. The
transportation conformity rule (40 CFR 93.118(e)(4)(iv)) requires that
``the motor vehicle emissions budget(s), when considered together with
all other emissions sources, is consistent with applicable requirements
for reasonable further progress, attainment, or maintenance (whichever
is relevant to the given implementation plan submission).''
EPA has determined, based on its evaluation, that the area's
maintenance plan continues to serve its intended purpose with the
MOVES2010a-based budgets and that the budgets themselves meet the
adequacy criteria in the conformity rule at 40 CFR 93.118(e)(4). The
basis for this conclusion is contained in the proposed approval (77 FR
60661).
II. What public comments were received?
The State public comment period on the proposal ended on July 18,
2012. The State offered to hold a public hearing on request but one was
not requested. The State received no public comments during the comment
period.
EPA had a 30 day public comment period on the proposed approval.
The public comment period closed on November 5, 2012. EPA received no
comments during the public comment period.
III. What action is EPA taking?
EPA is approving new MOVES2010a-based budgets for the South Bend/
Elkhart, Indiana 1997 ozone maintenance area because the submitted
budgets should continue to keep emissions below the attainment level
and maintain air quality. On the effective date of this rulemaking, the
submitted MOVES2010a-based budgets will replace the existing,
MOBILE6.2-based budgets in the State's 1997 8-hour ozone maintenance
plan and will be used in future transportation conformity analyses for
the area. The previously approved MOBILE6.2-based budgets will no
longer be applicable for transportation conformity purposes. The table
below contains the MOVES2010a-based budgets for the South Bend/Elkhart,
Indiana area which are being approved in this action.
[[Page 74591]]
Motor Vehicle Emission Budgets for South Bend/Elkhart, Indiana
[MOVES-based onroad emissions]
------------------------------------------------------------------------
Year 2020
------------------------------------------------------------------------
Nitrogen oxides tons/day........................................ 13.95
Volatile organic compounds tons/day............................. 6.73
------------------------------------------------------------------------
IV. 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 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 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 February 15, 2013. 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxides, Ozone,
Volatile organic compounds.
Dated: November 29, 2012.
Susan Hedman,
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. The table in Sec. 52.770 paragraph (e) is amended by adding an
entry in alphabetical order for ``South Bend-Elkhart 1997 8-hour ozone
maintenance plan'' to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Title Indiana date EPA approval Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
South Bend-Elkhart 1997 8-hour ozone ....................... 12/17/12, [INSERT PAGE Revision to motor
maintenance plan. NUMBER WHERE THE vehicle emission
DOCUMENT BEGINS]. budgets.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.777 is amended by redesignating paragraph (hh) as
paragraph (hh)(1), and by adding paragraph (hh)(2) to read as follows
Sec. 52.777 Control Strategy: Photochemical oxidants (hydrocarbons).
* * * * *
(hh)(1) * * *
(2) Approval--On August 17, 2012, Indiana submitted a request to
revise the approved MOBILE6.2 motor vehicle emission budgets (budgets)
in the 1997 8-hour ozone maintenance plan for the South Bend/Elkhart,
Indiana area. The budgets are being revised with budgets developed with
the MOVES2010a model. The 2020 budgets for South Bend/Elkhart, Indiana
are 6.73 tons per
[[Page 74592]]
day volatile organic compounds (VOCs) and 13.95 tons per day nitrogen
oxides (NOX).
* * * * *
[FR Doc. 2012-30107 Filed 12-14-12; 8:45 am]
BILLING CODE 6560-50-P
