Air Plan Approval; Ohio; Redesignation of the Ohio Portion of the Cincinnati, Ohio-Kentucky-Indiana Area to Attainment of the 2008 Ozone Standard, 91035-91037 [2016-30054]
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TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS
State
effective date
State section
Title/subject
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32.0 ...................
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Use of Evidence ............................
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2016–0269; FRL–9956–60–
Region 5]
Air Plan Approval; Ohio;
Redesignation of the Ohio Portion of
the Cincinnati, Ohio-Kentucky-Indiana
Area to Attainment of the 2008 Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finding that the
Cincinnati, Ohio-Kentucky-Indiana area
is attaining the 2008 ozone National
Ambient Air Quality Standard (NAAQS
or standard) and is redesignating the
Ohio portion of the Cincinnati area to
attainment for the 2008 ozone NAAQS
because the area meets the statutory
requirements for redesignation under
the Clean Air Act (CAA or Act). The
Cincinnati area includes Butler,
Clermont, Clinton, Hamilton, and
Warren Counties in Ohio; Lawrenceburg
Township in Dearborn County, Indiana;
and, Boone, Campbell, and Kenton
Counties in Kentucky. EPA is also
approving, as a revision to the Ohio
State Implementation Plan (SIP), the
state’s plan for maintaining the 2008
ozone standard through 2030 in the
Cincinnati area. Finally, EPA finds
adequate and is approving the state’s
2020 and 2030 volatile organic
compound (VOC) and oxides of nitrogen
(NOX) Motor Vehicle Emission Budgets
(MVEBs) for the Ohio and Indiana
portion of the Cincinnati area. The Ohio
Environmental Protection Agency (Ohio
EPA) submitted the SIP revision and
redesignation request on April 21, 2016.
DATES: This final rule is effective
December 16, 2016.
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SUMMARY:
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Explanation
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12/16/2016, [Insert citation of publication].
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EPA is replacing the language in
Section 32.1(C) with ‘‘(Reserved)’’.
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EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0269. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either through
https://www.regulations.gov, or please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section
for additional availability information.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
ADDRESSES:
[FR Doc. 2016–30056 Filed 12–15–16; 8:45 am]
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EPA approval date
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I. What is being addressed in this
document?
This rule takes action on the
submission from Ohio EPA, dated April
21, 2016, requesting redesignation of the
Ohio portion of the Cincinnati area to
attainment for the 2008 ozone standard.
The background for today’s action is
discussed in detail in EPA’s proposal,
dated September 28, 2016 (81 FR
66602). In that rulemaking, we noted
that, under EPA regulations at 40 CFR
part 50, the 2008 ozone NAAQS is
attained in an area when the 3-year
average of the annual fourth highest
daily maximum 8-hour average
concentration is equal to or less than
0.075 ppm, when truncated after the
thousandth decimal place, at all of the
ozone monitoring sites in the area. (See
40 CFR 50.15 and appendix P to 40 CFR
part 50.) Under the CAA, EPA may
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redesignate nonattainment areas to
attainment if sufficient complete,
quality-assured data are available to
determine that the area has attained the
standard and if it meets the other CAA
redesignation requirements in section
107(d)(3)(E). The proposed rule, dated
September 28, 2016, provides a detailed
discussion of how Ohio has met these
CAA requirements.
As discussed in the September 28,
2016, proposal, quality-assured and
certified monitoring data for 2013–2015
and preliminary data for 2016 show that
the Cincinnati area has attained and
continues to attain the 2008 ozone
standard. In the maintenance plan
submitted for the area, Ohio has
demonstrated that the ozone standard
will be maintained in the area through
2030. Finally, Ohio and Indiana have
adopted 2020 and 2030 VOC and NOX
MVEBs for the Ohio and Indiana portion
of the Cincinnati area that are supported
by Ohio’s maintenance demonstration.
II. What comments did we receive on
the proposed rule?
EPA provided a 30-day review and
comment period for the September 28,
2016, proposed rule. The comment
period ended on October 28, 2016.
During the comment period, comments
in support of the action were submitted
on behalf of the Ohio Utility Group and
its member companies. We received no
adverse comments on the proposed rule.
III. What action is EPA taking?
EPA is determining that the
Cincinnati nonattainment is attaining
the 2008 ozone standard, based on
quality-assured and certified monitoring
data for 2013–2015 and that the Ohio
portion of this area has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA. EPA is
thus changing the legal designation of
the Ohio portion of the Cincinnati area
from nonattainment to attainment for
the 2008 ozone standard. EPA is also
approving, as a revision to the Ohio SIP,
the state’s maintenance plan for the
area. The maintenance plan is designed
to keep the Cincinnati area in
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attainment of the 2008 ozone NAAQS
through 2030. Finally, EPA finds
adequate and is approving the newlyestablished 2020 and 2030 MVEBs for
the Indiana and Ohio portion of the
Cincinnati area.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for these
actions to become effective immediately
upon publication. This is because a
delayed effective date is unnecessary
due to the nature of a redesignation to
attainment, which relieves the area from
certain CAA requirements that would
otherwise apply to it. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in section 553(d) is to
give affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. Today’s rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, today’s rule relieves the state of
planning requirements for this ozone
nonattainment area. For these reasons,
EPA finds good cause under 5 U.S.C.
553(d)(3) for these actions to become
effective on the date of publication of
these actions.
IV. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
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17:15 Dec 15, 2016
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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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because
redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of ozone national ambient air quality
standards in tribal lands.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
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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 14, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
40 CFR Part 81
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Intergovernmental
relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: December 5, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
Parts 52 and 81, chapter I, title 40 of
the Code of Federal Regulations is
amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.1885 is amended by
revising paragraph (ff) introductory text
and adding paragraph (pp) to read as
follows:
■
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§ 52.1885
Control strategy: Ozone.
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(ff) Approval—The 1997 8-hour ozone
standard maintenance plans for the
following areas have been approved:
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(pp) Approval—The 2008 8-hour
ozone standard maintenance plans for
the following areas have been approved:
(1) Approval—On April 21, 2016, the
Ohio Environmental Protection Agency
submitted a request to redesignate the
Ohio portion of the Cincinnati, OH-KYIN area to attainment of the 2008 ozone
NAAQS. As part of the redesignation
request, the State submitted a
maintenance plan as required by section
175A of the Clean Air Act. Elements of
the section 175 maintenance plan
include a contingency plan and an
obligation to submit a subsequent
maintenance plan revision in 8 years as
required by the Clean Air Act. The 2020
motor vehicle emissions budgets for the
Ohio and Indiana portions of the
Cincinnati, OH-KY-IN area are 30.00
tons per summer day (TPSD) for VOC
and 26.77 TPSD for NOX. The 2030
motor vehicle emissions budgets for the
Ohio and Indiana portions of the area
are 18.22 TPSD for VOC and 16.22
TPSD for NOX.
PART 81—[AMENDED]
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 81.336 is amended by
revising the entry for Cincinnati, OHKY-IN in the table entitled ‘‘Ohio—2008
8-Hour Ozone NAAQS (Primary and
secondary)’’ to read as follows:
■
§ 81.336
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Ohio.
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OHIO—2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation
Classification
Designated area
Date 1
Cincinnati, OH-KY-IN: 2 ...........................................................
Butler County
Clermont County
Clinton County
Hamilton County
Warren County
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1 This
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December 16, 2016 ...............
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Date 1
Type
Type
Attainment.
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date is July 20, 2012, unless otherwise noted.
Indian country located in each area, unless otherwise noted.
2 Excludes
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(phone), (202) 337–6519 (fax), guytonh@
lsc.gov.
SUPPLEMENTARY INFORMATION:
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[FR Doc. 2016–30054 Filed 12–15–16; 8:45 am]
BILLING CODE 6560–50–P
LEGAL SERVICES CORPORATION
45 CFR Part 1602
Procedures for Disclosure of
Information Under the Freedom of
Information Act
Legal Services Corporation.
Final rule.
AGENCY:
ACTION:
The Legal Services
Corporation (LSC) is revising its
regulation on procedures for disclosure
of information under the Freedom of
Information Act to implement the
statutorily required amendments in the
FOIA Improvement Act of 2016. LSC is
also making technical changes to
improve the structure and clarity of its
Freedom of Information Act (FOIA)
regulations.
DATES: The final rule is effective as of
December 16, 2016.
FOR FURTHER INFORMATION CONTACT:
Helen Gerostathos Guyton, Assistant
General Counsel, Legal Services
Corporation, 3333 K Street NW.,
Washington, DC 20007, (202) 295–1632
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SUMMARY:
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I. Background
LSC is subject to the FOIA by the
terms of the Legal Services Corporation
Act. 42 U.S.C. 2996d(g). LSC has
implemented FOIA by adopting
regulations that contain the rules and
procedures LSC will follow in making
its records available to the public. LSC
last amended its FOIA regulations in
2008. 73 FR 67791, Dec. 31, 2008.
On June 30, 2016, President Obama
signed into law the FOIA Improvement
Act of 2016 (‘‘2016 Amendments’’ or the
‘‘Act’’). The Act codifies a number of
transparency and openness principles
and enacts housekeeping measures
designed to facilitate FOIA requests and
production. The revised regulations
described in this final rule reflect the
required changes prescribed by the Act.
LSC also clarified the language and
updated the structure of its FOIA
regulations.
In light of the deadline established by
Congress, LSC management requested
that the Operations and Regulations
Committee (Committee) recommend
that the Board authorize expedited
rulemaking and publication of this final
rule. On October 16, 2016, the
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Committee considered the request and
voted to make the recommendation to
the Board. On October 18, 2016, the
Board voted to authorize expedited
rulemaking and the publication of the
final rule and request for comments.
LSC published the final rule and request
for comments on October 31, 2016, 81
FR 75330, and the comment period
closed on November 30, 2016. LSC
received no substantive adverse
comments. LSC received comments
from two parties recommending
technical changes, which LSC has
incorporated into this final rule where
noted.
II. Section-by-Section Analysis
Section 1602.1
Purpose
There are no proposed changes to this
section.
Section 1602.2
Definitions
LSC modified several existing
definitions, deleted one definition, and
added five new definitions to make its
regulations clearer. LSC amended the
Definitions section as follows:
Duplication. LSC modified this
definition to require the release of
records ‘‘in a form appropriate for
release.’’ This change complies with
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]]>Agencies
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Rules and Regulations]
[Pages 91035-91037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30054]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2016-0269; FRL-9956-60-Region 5]
Air Plan Approval; Ohio; Redesignation of the Ohio Portion of the
Cincinnati, Ohio-Kentucky-Indiana Area to Attainment of the 2008 Ozone
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finding that the
Cincinnati, Ohio-Kentucky-Indiana area is attaining the 2008 ozone
National Ambient Air Quality Standard (NAAQS or standard) and is
redesignating the Ohio portion of the Cincinnati area to attainment for
the 2008 ozone NAAQS because the area meets the statutory requirements
for redesignation under the Clean Air Act (CAA or Act). The Cincinnati
area includes Butler, Clermont, Clinton, Hamilton, and Warren Counties
in Ohio; Lawrenceburg Township in Dearborn County, Indiana; and, Boone,
Campbell, and Kenton Counties in Kentucky. EPA is also approving, as a
revision to the Ohio State Implementation Plan (SIP), the state's plan
for maintaining the 2008 ozone standard through 2030 in the Cincinnati
area. Finally, EPA finds adequate and is approving the state's 2020 and
2030 volatile organic compound (VOC) and oxides of nitrogen
(NOX) Motor Vehicle Emission Budgets (MVEBs) for the Ohio
and Indiana portion of the Cincinnati area. The Ohio Environmental
Protection Agency (Ohio EPA) submitted the SIP revision and
redesignation request on April 21, 2016.
DATES: This final rule is effective December 16, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0269. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is being addressed in this document?
This rule takes action on the submission from Ohio EPA, dated April
21, 2016, requesting redesignation of the Ohio portion of the
Cincinnati area to attainment for the 2008 ozone standard. The
background for today's action is discussed in detail in EPA's proposal,
dated September 28, 2016 (81 FR 66602). In that rulemaking, we noted
that, under EPA regulations at 40 CFR part 50, the 2008 ozone NAAQS is
attained in an area when the 3-year average of the annual fourth
highest daily maximum 8-hour average concentration is equal to or less
than 0.075 ppm, when truncated after the thousandth decimal place, at
all of the ozone monitoring sites in the area. (See 40 CFR 50.15 and
appendix P to 40 CFR part 50.) Under the CAA, EPA may redesignate
nonattainment areas to attainment if sufficient complete, quality-
assured data are available to determine that the area has attained the
standard and if it meets the other CAA redesignation requirements in
section 107(d)(3)(E). The proposed rule, dated September 28, 2016,
provides a detailed discussion of how Ohio has met these CAA
requirements.
As discussed in the September 28, 2016, proposal, quality-assured
and certified monitoring data for 2013-2015 and preliminary data for
2016 show that the Cincinnati area has attained and continues to attain
the 2008 ozone standard. In the maintenance plan submitted for the
area, Ohio has demonstrated that the ozone standard will be maintained
in the area through 2030. Finally, Ohio and Indiana have adopted 2020
and 2030 VOC and NOX MVEBs for the Ohio and Indiana portion
of the Cincinnati area that are supported by Ohio's maintenance
demonstration.
II. What comments did we receive on the proposed rule?
EPA provided a 30-day review and comment period for the September
28, 2016, proposed rule. The comment period ended on October 28, 2016.
During the comment period, comments in support of the action were
submitted on behalf of the Ohio Utility Group and its member companies.
We received no adverse comments on the proposed rule.
III. What action is EPA taking?
EPA is determining that the Cincinnati nonattainment is attaining
the 2008 ozone standard, based on quality-assured and certified
monitoring data for 2013-2015 and that the Ohio portion of this area
has met the requirements for redesignation under section 107(d)(3)(E)
of the CAA. EPA is thus changing the legal designation of the Ohio
portion of the Cincinnati area from nonattainment to attainment for the
2008 ozone standard. EPA is also approving, as a revision to the Ohio
SIP, the state's maintenance plan for the area. The maintenance plan is
designed to keep the Cincinnati area in
[[Page 91036]]
attainment of the 2008 ozone NAAQS through 2030. Finally, EPA finds
adequate and is approving the newly-established 2020 and 2030 MVEBs for
the Indiana and Ohio portion of the Cincinnati area.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. Today's rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, today's rule relieves the state
of planning requirements for this ozone nonattainment area. For these
reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these
actions to become effective on the date of publication of these
actions.
IV. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 14, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 5, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
Parts 52 and 81, chapter I, title 40 of the Code of Federal
Regulations is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.1885 is amended by revising paragraph (ff) introductory
text and adding paragraph (pp) to read as follows:
[[Page 91037]]
Sec. 52.1885 Control strategy: Ozone.
* * * * *
(ff) Approval--The 1997 8-hour ozone standard maintenance plans for
the following areas have been approved:
* * * * *
(pp) Approval--The 2008 8-hour ozone standard maintenance plans for
the following areas have been approved:
(1) Approval--On April 21, 2016, the Ohio Environmental Protection
Agency submitted a request to redesignate the Ohio portion of the
Cincinnati, OH-KY-IN area to attainment of the 2008 ozone NAAQS. As
part of the redesignation request, the State submitted a maintenance
plan as required by section 175A of the Clean Air Act. Elements of the
section 175 maintenance plan include a contingency plan and an
obligation to submit a subsequent maintenance plan revision in 8 years
as required by the Clean Air Act. The 2020 motor vehicle emissions
budgets for the Ohio and Indiana portions of the Cincinnati, OH-KY-IN
area are 30.00 tons per summer day (TPSD) for VOC and 26.77 TPSD for
NOX. The 2030 motor vehicle emissions budgets for the Ohio
and Indiana portions of the area are 18.22 TPSD for VOC and 16.22 TPSD
for NOX.
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 81.336 is amended by revising the entry for Cincinnati, OH-
KY-IN in the table entitled ``Ohio--2008 8-Hour Ozone NAAQS (Primary
and secondary)'' to read as follows:
Sec. 81.336 Ohio.
* * * * *
Ohio--2008 8-Hour Ozone NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
Cincinnati, OH-KY-IN: \2\....... December 16, 2016. Attainment.
Butler County
Clermont County
Clinton County
Hamilton County
Warren County
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
* * * * *
[FR Doc. 2016-30054 Filed 12-15-16; 8:45 am]
BILLING CODE 6560-50-P
