Approval and Promulgation of Air Quality Implementation Plans; Indiana; Redesignation of the Indiana Portion of the Louisville Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter, 62390-62393 [2016-21457]
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
EPA-APPROVED IOWA REGULATIONS—Continued
Iowa
citation
State
effective
date
Title
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EPA approval date
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Explanation
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Chapter 31—Nonattainment Areas
567–31.1 ...........
Permit Requirements Relating to Nonattainment
Areas.
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3/15/16
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9/9/16, [Insert Federal
Register citation].
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None.
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Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant
Deterioration (PSD) of Air Quality
567–33.1 ...........
Purpose .....................................................................
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3. The authority citation for part 70
continues to read as follows:
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Authority: 42 U.S.C. 7401, et seq.
4. Appendix A to part 70 is amended
by adding paragraph (q) under the
heading ‘‘Iowa’’ to read as follows:
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Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
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Iowa
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(q) The Iowa Department of Natural
Resources submitted for program approval a
revision to rules 567–22.100, 567–22.101,
567–22.103, 567–22.105, 567–22.106, 567–
22.108, and added 567–30.4(2) on March 31,
2016. The State effective date is March 15,
2016. This revision to the Iowa program is
approved effective November 8, 2016.
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[FR Doc. 2016–21469 Filed 9–8–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
ehiers on DSK5VPTVN1PROD with RULES
[EPA–R05–OAR–2011–0698; FRL–9951–95–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Redesignation of the Indiana Portion of
the Louisville Area to Attainment of the
1997 Annual Standard for Fine
Particulate Matter
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
PART 70—STATE OPERATING PERMIT
PROGRAMS
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3/15/16
9/9/16, [Insert Federal
Register citation].
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Final rule.
The Environmental Protection
Agency (EPA) is granting Indiana’s
request to redesignate, under the Clean
Air Act (CAA), the state of Indiana
portion of the Louisville (KY-IN)
(Madison Township in Jefferson County
and Clark and Floyd Counties)
nonattainment area to attainment of the
1997 annual standard for fine
particulate matter (PM2.5). EPA
determined that the Louisville area has
attained the 1997 annual standard, and
proposed on July 11, 2013, with a
supplemental proposal on June 23,
2016, to approve Indiana’s request to
redesignate the area. EPA is taking final
action today on the proposal and
supplemental proposal. EPA is also
taking final action in this rulemaking on
several related proposals.
Along with granting the change in the
area’s designation status, EPA is also
approving Indiana’s PM2.5 maintenance
plan for the Louisville area as a revision
to the Indiana state implementation
plan (SIP) as meeting the requirements
of section 175A of the CAA. EPA is
approving the 2008 emissions inventory
for primary PM2.5, nitrogen oxides
(NOX), sulfur dioxide (SO2), volatile
organic compounds (VOC) and
ammonia as satisfying the requirement
of the CAA for a comprehensive, current
emission inventory. Finally, EPA finds
adequate and is approving 2015 and
2025 primary PM2.5 and NOX motor
vehicle emissions budgets (MVEBs) for
the Louisville area. These MVEBs will
be used in future transportation
conformity analyses for the area. These
actions were proposed for approval in
EPA’s initial action on July 11, 2013.
EPA received no comments in response
to the above proposals.
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This final rule is effective on
September 9, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2011–0698. All
documents in these dockets are listed on
the www.regulations.gov Web site.
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, is not placed on
the Internet and will be publicly
available only in hard copy. Publicly
available docket materials are available
either through www.regulations.gov or
at the U.S. 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 Carolyn Persoon at (312)
353–8290 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5,77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8290,
persoon.carolyn@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:
DATES:
SUMMARY:
PO 00000
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I. What is the background for the actions?
II. What actions is EPA taking?
III. What is EPA’s response to comments?
IV. Why is EPA taking these actions?
V. Final Action
VI. Statutory and Executive Order Reviews
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
I. What is the background for the
actions?
On June 16, 2011, the Indiana
Department of Environmental
Management (IDEM) submitted its
request to redesignate the Indiana
portion of the Louisville nonattainment
area to attainment for the 1997 annual
PM2.5 NAAQS, and for EPA approval of
the state’s SIP revision containing a
maintenance plan for the area. On July
11, 2013, (78 FR 41735), EPA proposed
to grant Indiana’s redesignation request
and its plan for maintaining the 1997
annual PM2.5 NAAQS. EPA also
proposed approval of Indiana’s MVEBs
for PM2.5 and NOX for 2025 for the area.
EPA also proposed the 2008 emissions
inventory for primary PM2.5, NOX, SO2,
VOC and ammonia as satisfying the
requirement in section 172(c)(3) of the
CAA for a comprehensive, current
emission inventory. Additional
background for this action is set forth in
EPA’s July 11, 2013 (78 FR 41735),
proposed rulemaking. EPA published a
supplement to its July 11, 2013,
proposed rulemaking on June 23, 2016
(81 FR 40834). The supplement was
based on valid design values for the
2013–2015 period, demonstrating
attainment of the standard for the entire
Louisville area using the most recent
three years of data. Previous data from
2012 and beginning of 2013 had been
invalidated through a technical systems
audit, which is described in the
supplemental proposal.
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II. What actions is EPA taking?
EPA has determined that the entire
Louisville area is attaining the 1997
annual PM2.5 standards (81 FR 40834)
and that the Indiana portion of the
Louisville area has met the requirements
for redesignation under section
107(d)(3)(E) of the CAA. Thus, EPA is
granting the request from the state of
Indiana to change the legal designation
of the Indiana portion of the Louisville
area from nonattainment to attainment
for the 1997 annual PM2.5 NAAQS. EPA
is also taking several additional actions
related to Indiana’s PM2.5 redesignation
request, as discussed below.
EPA is approving the 2008 emissions
inventory for primary PM2.5, NOX, SO2,
VOC and ammonia as satisfying the
requirement in section 172(c)(3) of the
CAA for a comprehensive, current
emission inventory.
EPA is approving Indiana’s PM2.5
maintenance plan for the Indiana
portion of the Louisville area as a
revision to the Indiana SIP (such
approval being one of the CAA criteria
for redesignation to attainment status).
The maintenance plan is designed to
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15:26 Sep 08, 2016
Jkt 238001
keep the Louisville area in attainment of
the 1997 annual PM2.5 NAAQS through
2026.
EPA also finds adequate and is
approving Indiana’s 2025 primary PM2.5
and NOX MVEBs for the Louisville area.
These MVEBs will be used in future
transportation conformity analyses for
the area.
III. What is EPA’s response to
comments?
EPA received no comments on either
its proposed or supplemental
rulemaking.
IV. Why is EPA taking these actions?
EPA has determined that the
Louisville area has attained the 1997
annual PM2.5 NAAQS. EPA has also
determined that all other criteria have
been met for the redesignation of the
Indiana portion of the Louisville area
from nonattainment to attainment of the
1997 annual PM2.5 NAAQS and for
approval of Indiana’s maintenance plan
for the area. See CAA sections
107(d)(3)(E) and 175A. EPA is also
approving the 2008 emissions inventory
for primary PM2.5, NOX, SO2, VOC and
ammonia as satisfying the requirement
in section 172(c)(3) of the CAA for a
comprehensive, current emission
inventory. The detailed rationale for
EPA’s findings and actions is set forth
in the proposed rule on July 11, 2013,
and a supplemental proposal on June
23, 2016.
V. Final Action
EPA is determining that the Indiana
portion of the Louisville area has
attained the standards and that the area
meets the requirements for
redesignation to attainment of that
standard under sections 107(d)(3)(E)
and 175A of the CAA. Thus, EPA is
granting the request from Indiana to
change the legal designation of the
Indiana portion of the Louisville area
from nonattainment to attainment for
the 1997 annual PM2.5 NAAQS. EPA is
also approving Indiana’s 1997 annual
PM2.5 maintenance plan for the Indiana
portion of the Louisville area as a
revision to the SIP because the plan
meets the requirements of section 175A
of the CAA. EPA is approving the 2008
emissions inventory for primary PM2.5,
NOX, SO2, VOC and ammonia as
satisfying the requirement in section
172(c)(3) of the CAA for a
comprehensive, current emission
inventory. Finally, EPA finds adequate
and is approving Indiana’s 2025 primary
PM2.5 and NOX MVEBs for the Indiana
portion of the Louisville area. These
MVEBs will be used in future
transportation conformity analyses for
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62391
the area after the effective date for the
adequacy finding and approval.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for this
action to become effective immediately
upon publication. This is because a
delayed effective date is unnecessary
due to the nature of a redesignation to
attainment, which relieves the area from
certain CAA requirements that would
otherwise apply to it. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule grants or
recognizes an exemption or relieves a
restriction, and section 553(d)(3), which
allows an effective date less than 30
days after publication as otherwise
provided by the agency for good cause
found and published with the rule. The
purpose of the 30-day waiting period
prescribed in section 553(d) is to give
affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. This rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, this rule relieves Indiana of
various requirements for the Indiana
portion of the Louisville area. For these
reasons, EPA finds good cause under 5
U.S.C. 553(d)(3) for this action to
become effective on the date of
publication of this action.
VI. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of the
maintenance plan under CAA section
107(d)(3)(E) are actions that affect the
status of geographical area and do not
impose any additional regulatory
requirements on sources beyond those
required by state law. A redesignation to
attainment does not in and of itself
impose any new requirements, but
rather results in the application of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
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those imposed by state law. For these
reasons, 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 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 November 8, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: August 26, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR parts 52 and 81 are 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. In § 52.770, the table in paragraph
(e) is amended by adding an entry for
‘‘Louisville 1997 Annual PM2.5
Maintenance Plan’’ in alphabetical order
to read as follows:
■
§ 52.770
*
Identification of plan.
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(e) * * *
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EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
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Louisville 1997 Annual PM2.5 Maintenance Plan.
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6/16/2011
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3. Section 52.776 is amended by
adding paragraphs (v)(6) and (w)(5) to
read as follows:
Control strategy: Particulate
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(v) * * *
(6) Approval—The 1997 annual PM2.5
maintenance plan for the Indiana
portion of the Louisville (KY-IN)
(Madison Township, Jefferson County
and Clark and Floyd Counties), has been
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Explanation
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9/9/2016, [insert Federal Register citation].
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§ 52.776
matter.
EPA approval
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approved as submitted on June 16, 2011.
The maintenance plan establishes 2025
motor vehicle emissions budgets for the
Louisville area to be 324.04 tpy for
primary PM2.5 and 9,311.76 tpy for NOX.
(w) * * *
(5) Indiana’s 2008 NOX, directly
emitted PM2.5, SO2, VOC, and ammonia
emissions inventory satisfies the
emission inventory requirements of
section 172(c)(3) for the Louisville area.
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PO 00000
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PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
4. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
5. Section 81.315 is amended by
revising the entry for ‘‘Louisville, KYIN’’ in the table entitled ‘‘Indiana—1997
Annual PM2.5 NAAQS [Primary and
secondary]’’ to read as follows:
■
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§ 81.315
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Indiana.
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INDIANA—1997 ANNUAL PM2.5 NAAQS
[Primary and secondary]
Designation a
Classification
Designated area
Date 1
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Louisville, KY-IN ..............................................................................................
Clark County.
Floyd County.
Jefferson County (part) Madison Township.
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Date 2
Type
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9/9/2016 Attainment .....
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........................
Type
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Moderate.
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a Includes
1 This
2 This
Indian Country located in each county or area, except as otherwise specified.
date is 90 days after January 5, 2005, unless otherwise noted.
date is July 2, 2014, unless otherwise noted.
direct final rule in the Federal Register
and inform the public that the rule will
not take effect. The incorporation by
reference of certain publications listed
in the rule is approved by the Director
of the Federal Register as of November
8, 2016.
[FR Doc. 2016–21457 Filed 9–8–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
Outer Continental Shelf Air
Regulations Consistency Update for
Maryland
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve an update to a portion
of the Outer Continental Shelf (OCS) Air
Regulations for Maryland. Requirements
applying to OCS sources located within
25 miles of states’ seaward boundaries
must be updated periodically to remain
consistent with the requirements of the
corresponding onshore area (COA), as
mandated by the Clean Air Act, as
amended in 1990 (CAA or the Act). The
portion of the OCS air regulations that
is being updated pertains to the
requirements for OCS sources for which
Maryland is the designated COA. The
intended effect of approving the OCS
requirements for the Maryland
Department of the Environment is to
regulate emissions from OCS sources in
accordance with the requirements for
onshore sources.
DATES: This rule is effective on
November 8, 2016 without further
notice, unless EPA receives adverse
written comment by October 11, 2016.
If EPA receives such comments, it will
publish a timely withdrawal of the
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SUMMARY:
VerDate Sep<11>2014
15:26 Sep 08, 2016
Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2014–0568 at https://
www.regulations.gov, or via email to
campbell.dave@epa.gov. 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 full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
[EPA–R03–OAR–2014–0568; FRL–9950–98–
Region 3]
Jkt 238001
FOR FURTHER INFORMATION CONTACT:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
PO 00000
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SUPPLEMENTARY INFORMATION:
I. Background
On September 4, 1992, EPA
promulgated 40 CFR part 55 which
established requirements to control air
pollution from OCS sources in order to
attain and maintain federal and state
ambient air quality standards and to
comply with the provisions of part C of
title I of the CAA. Forty CFR part 55
applies to all OCS sources offshore of
the states except those locations in the
Gulf of Mexico west of 87.5 degrees
longitude. Section 328 of the CAA
requires that for such source locations
within 25 miles of a state’s seaward
boundary, the requirements shall be the
same as would be applicable if the
source were located in the COA.
Because the OCS requirements are based
on onshore requirements, and onshore
requirements may change, section
328(a)(1) requires that EPA update the
OCS requirements as necessary to
maintain consistency with onshore
requirements.
Pursuant to 40 CFR 55.12 of the OCS
rule, consistency reviews will occur: (1)
At least annually; (2) upon receipt of a
Notice of Intent under 40 CFR 55.4; or,
(3) when a state or local agency submits
a rule to EPA to be considered for
incorporation by reference in 40 CFR
part 55. This action is being taken in
response to requirements submitted by
Maryland on May 6, 2016. Section
328(a) of the Act requires that EPA
establish requirements to control air
pollution from OCS sources located
within 25 miles of states’ seaward
boundaries that are the same as the
corresponding onshore requirements. To
comply with this statutory mandate,
EPA must incorporate applicable
onshore rules into 40 CFR part 55 as
they exist for onshore sources. This
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]]>Agencies
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62390-62393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21457]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2011-0698; FRL-9951-95-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Redesignation of the Indiana Portion of the Louisville Area to
Attainment of the 1997 Annual Standard for Fine Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is granting
Indiana's request to redesignate, under the Clean Air Act (CAA), the
state of Indiana portion of the Louisville (KY-IN) (Madison Township in
Jefferson County and Clark and Floyd Counties) nonattainment area to
attainment of the 1997 annual standard for fine particulate matter
(PM2.5). EPA determined that the Louisville area has
attained the 1997 annual standard, and proposed on July 11, 2013, with
a supplemental proposal on June 23, 2016, to approve Indiana's request
to redesignate the area. EPA is taking final action today on the
proposal and supplemental proposal. EPA is also taking final action in
this rulemaking on several related proposals.
Along with granting the change in the area's designation status,
EPA is also approving Indiana's PM2.5 maintenance plan for
the Louisville area as a revision to the Indiana state implementation
plan (SIP) as meeting the requirements of section 175A of the CAA. EPA
is approving the 2008 emissions inventory for primary PM2.5,
nitrogen oxides (NOX), sulfur dioxide (SO2),
volatile organic compounds (VOC) and ammonia as satisfying the
requirement of the CAA for a comprehensive, current emission inventory.
Finally, EPA finds adequate and is approving 2015 and 2025 primary
PM2.5 and NOX motor vehicle emissions budgets
(MVEBs) for the Louisville area. These MVEBs will be used in future
transportation conformity analyses for the area. These actions were
proposed for approval in EPA's initial action on July 11, 2013. EPA
received no comments in response to the above proposals.
DATES: This final rule is effective on September 9, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2011-0698. All documents in these dockets are listed on
the www.regulations.gov Web site. 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, is not placed on the Internet and will be
publicly available only in hard copy. Publicly available docket
materials are available either through www.regulations.gov or at the
U.S. 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 Carolyn
Persoon at (312) 353-8290 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5,77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-8290, persoon.carolyn@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 the actions?
II. What actions is EPA taking?
III. What is EPA's response to comments?
IV. Why is EPA taking these actions?
V. Final Action
VI. Statutory and Executive Order Reviews
[[Page 62391]]
I. What is the background for the actions?
On June 16, 2011, the Indiana Department of Environmental
Management (IDEM) submitted its request to redesignate the Indiana
portion of the Louisville nonattainment area to attainment for the 1997
annual PM2.5 NAAQS, and for EPA approval of the state's SIP
revision containing a maintenance plan for the area. On July 11, 2013,
(78 FR 41735), EPA proposed to grant Indiana's redesignation request
and its plan for maintaining the 1997 annual PM2.5 NAAQS.
EPA also proposed approval of Indiana's MVEBs for PM2.5 and
NOX for 2025 for the area. EPA also proposed the 2008
emissions inventory for primary PM2.5, NOX,
SO2, VOC and ammonia as satisfying the requirement in
section 172(c)(3) of the CAA for a comprehensive, current emission
inventory. Additional background for this action is set forth in EPA's
July 11, 2013 (78 FR 41735), proposed rulemaking. EPA published a
supplement to its July 11, 2013, proposed rulemaking on June 23, 2016
(81 FR 40834). The supplement was based on valid design values for the
2013-2015 period, demonstrating attainment of the standard for the
entire Louisville area using the most recent three years of data.
Previous data from 2012 and beginning of 2013 had been invalidated
through a technical systems audit, which is described in the
supplemental proposal.
II. What actions is EPA taking?
EPA has determined that the entire Louisville area is attaining the
1997 annual PM2.5 standards (81 FR 40834) and that the
Indiana portion of the Louisville area has met the requirements for
redesignation under section 107(d)(3)(E) of the CAA. Thus, EPA is
granting the request from the state of Indiana to change the legal
designation of the Indiana portion of the Louisville area from
nonattainment to attainment for the 1997 annual PM2.5 NAAQS.
EPA is also taking several additional actions related to Indiana's
PM2.5 redesignation request, as discussed below.
EPA is approving the 2008 emissions inventory for primary
PM2.5, NOX, SO2, VOC and ammonia as
satisfying the requirement in section 172(c)(3) of the CAA for a
comprehensive, current emission inventory.
EPA is approving Indiana's PM2.5 maintenance plan for
the Indiana portion of the Louisville area as a revision to the Indiana
SIP (such approval being one of the CAA criteria for redesignation to
attainment status). The maintenance plan is designed to keep the
Louisville area in attainment of the 1997 annual PM2.5 NAAQS
through 2026.
EPA also finds adequate and is approving Indiana's 2025 primary
PM2.5 and NOX MVEBs for the Louisville area.
These MVEBs will be used in future transportation conformity analyses
for the area.
III. What is EPA's response to comments?
EPA received no comments on either its proposed or supplemental
rulemaking.
IV. Why is EPA taking these actions?
EPA has determined that the Louisville area has attained the 1997
annual PM2.5 NAAQS. EPA has also determined that all other
criteria have been met for the redesignation of the Indiana portion of
the Louisville area from nonattainment to attainment of the 1997 annual
PM2.5 NAAQS and for approval of Indiana's maintenance plan
for the area. See CAA sections 107(d)(3)(E) and 175A. EPA is also
approving the 2008 emissions inventory for primary PM2.5,
NOX, SO2, VOC and ammonia as satisfying the
requirement in section 172(c)(3) of the CAA for a comprehensive,
current emission inventory. The detailed rationale for EPA's findings
and actions is set forth in the proposed rule on July 11, 2013, and a
supplemental proposal on June 23, 2016.
V. Final Action
EPA is determining that the Indiana portion of the Louisville area
has attained the standards and that the area meets the requirements for
redesignation to attainment of that standard under sections
107(d)(3)(E) and 175A of the CAA. Thus, EPA is granting the request
from Indiana to change the legal designation of the Indiana portion of
the Louisville area from nonattainment to attainment for the 1997
annual PM2.5 NAAQS. EPA is also approving Indiana's 1997
annual PM2.5 maintenance plan for the Indiana portion of the
Louisville area as a revision to the SIP because the plan meets the
requirements of section 175A of the CAA. EPA is approving the 2008
emissions inventory for primary PM2.5, NOX,
SO2, VOC and ammonia as satisfying the requirement in
section 172(c)(3) of the CAA for a comprehensive, current emission
inventory. Finally, EPA finds adequate and is approving Indiana's 2025
primary PM2.5 and NOX MVEBs for the Indiana
portion of the Louisville area. These MVEBs will be used in future
transportation conformity analyses for the area after the effective
date for the adequacy finding and approval.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this action to become effective immediately upon publication. This
is because a delayed effective date is unnecessary due to the nature of
a redesignation to attainment, which relieves the area from certain CAA
requirements that would otherwise apply to it. The immediate effective
date for this action is authorized under both 5 U.S.C. 553(d)(1), which
provides that rulemaking actions may become effective less than 30 days
after publication if the rule grants or recognizes an exemption or
relieves a restriction, and section 553(d)(3), which allows an
effective date less than 30 days after publication as otherwise
provided by the agency for good cause found and published with the
rule. The purpose of the 30-day waiting period prescribed in section
553(d) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. This rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, this rule relieves Indiana of various requirements for
the Indiana portion of the Louisville area. For these reasons, EPA
finds good cause under 5 U.S.C. 553(d)(3) for this action to become
effective on the date of publication of this action.
VI. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond
[[Page 62392]]
those imposed by state law. For these reasons, 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 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 November 8, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: August 26, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.770, the table in paragraph (e) is amended by adding an
entry for ``Louisville 1997 Annual PM2.5 Maintenance Plan''
in alphabetical order 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Louisville 1997 Annual PM2.5 Maintenance 6/16/2011 9/9/2016, [insert Federal ..........................
Plan. Register citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.776 is amended by adding paragraphs (v)(6) and (w)(5) to
read as follows:
Sec. 52.776 Control strategy: Particulate matter.
* * * * *
(v) * * *
(6) Approval--The 1997 annual PM2.5 maintenance plan for
the Indiana portion of the Louisville (KY-IN) (Madison Township,
Jefferson County and Clark and Floyd Counties), has been approved as
submitted on June 16, 2011. The maintenance plan establishes 2025 motor
vehicle emissions budgets for the Louisville area to be 324.04 tpy for
primary PM2.5 and 9,311.76 tpy for NOX.
(w) * * *
(5) Indiana's 2008 NOX, directly emitted
PM2.5, SO2, VOC, and ammonia emissions inventory
satisfies the emission inventory requirements of section 172(c)(3) for
the Louisville area.
* * * * *
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
4. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
5. Section 81.315 is amended by revising the entry for ``Louisville,
KY-IN'' in the table entitled ``Indiana--1997 Annual PM2.5
NAAQS [Primary and secondary]'' to read as follows:
[[Page 62393]]
Sec. 81.315 Indiana.
* * * * *
Indiana--1997 Annual PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Louisville, KY-IN............... 9/9/2016 Attainment............ .............. Moderate.
Clark County................
Floyd County................
Jefferson County (part)
Madison Township.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
[FR Doc. 2016-21457 Filed 9-8-16; 8:45 am]
BILLING CODE 6560-50-P
