40246 Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Rules and Regulations 

EPA-APPROVED INDIANA REGULATIONS—Continued 

Indiana 

citation Subject Indiana effective date EPA approval date Notes 

2–3.4–6 ....... Establishing a 10 year actuals PAL level ......... 9/10/2004 6/18/2007, 72 FR 33395.

2–3.4–7 ....... Contents of the PAL permit .............................. 9/10/2004 6/18/2007, 72 FR 33395.

2–3.4–8 ....... PAL effective period and reopening of the PAL 

permit.

9/10/2004 6/18/2007, 72 FR 33395.

2–3.4–9 ....... Expiration of a PAL ........................................... 9/10/2004 6/18/2007, 72 FR 33395.

2–3.4–10 ..... Renewal of a PAL ............................................. 9/10/2004 6/18/2007, 72 FR 33395.

2–3.4–11 ..... Increasing a PAL during the PAL effective period.9/10/2004 6/18/2007, 72 FR 33395.

2–3.4–12 ..... Monitoring requirements for PALs .................... 9/10/2004 6/18/2007, 72 FR 33395.

2–3.4–13 ..... Record keeping requirements .......................... 9/10/2004 6/18/2007, 72 FR 33395.

2–3.4–14 ..... Reporting and notification requirements ........... 9/10/2004 6/18/2007, 72 FR 33395.

2–3.4–15 ..... Termination and revocation of a PAL ............... 9/10/2004 6/18/2007, 72 FR 33395.

Rule 5.1. Construction of New Sources 

2–5.1–4 ....... Transition procedures ....................................... 9/10/2004 6/18/2007, 72 FR 33395.

Rule 6. Emission Reporting 

2–6–1 .......... Applicability ....................................................... 8/13/2006 3/29/2007, 72 FR 14678.

2–6–2 .......... Definitions ......................................................... 3/27/2004 10/29/2004, 69 FR 63069.

2–6–3 .......... Compliance schedule ....................................... 8/13/2006 3/29/2007, 72 FR 14678.

2–6–4 .......... Requirements .................................................... 8/13/2006 3/29/2007, 72 FR 14678.

2–6–5 .......... Additional information requests ........................ 3/27/2004 10/29/2004, 69 FR 63069.

Rule 8. Federally Enforceable State Operating Permit Program 

2–8–1 .......... Definitions ......................................................... 6/24/1994 8/18/1995, 60 FR 43008.

2–8–2 .......... Applicability ....................................................... 6/24/1994 8/18/1995, 60 FR 43008.

2–8–3 .......... Permit application ............................................. 6/24/1994 8/18/1995, 60 FR 43008.

2–8–4 .......... Permit content ................................................... 12/16/2007 10/6/2009, 74 FR 51240.

2–8–5 .......... Compliance requirements for FESOPs ............ 6/24/1994 8/18/1995, 60 FR 43008.

2–8–6 .......... Federally enforceable requirements ................. 6/24/1994 8/18/1995, 60 FR 43008.

2–8–7 .......... Permit issuance, renewal, and revisions .......... 6/24/1994 8/18/1995, 60 FR 43008.

2–8–8 .......... Permit reopening .............................................. 6/24/1994 8/18/1995, 60 FR 43008.

2–8–9 .......... Permit expiration ............................................... 6/24/1994 8/18/1995, 60 FR 43008.

2–8–10 ........ Administrative permit amendments .................. 6/24/1994 8/18/1995, 60 FR 43008.

2–8–11 ........ Permit modification (Repealed) ........................ 6/24/1994 8/18/1995, 60 FR 43008.

2–8–11.1 ..... Permit revisions ................................................ 6/24/1994 8/18/1995, 60 FR 43008.

2–8–12 ........ Emergency provision ........................................ 6/24/1994 8/18/1995, 60 FR 43008.

2–8–13 ........ Public notice ..................................................... 6/24/1994 8/18/1995, 60 FR 43008.

2–8–14 ........ Review by U.S. EPA ......................................... 6/24/1994 8/18/1995, 60 FR 43008.

2–8–15 ........ Operational flexibility ......................................... 6/24/1994 8/18/1995, 60 FR 43008.

2–8–16 ........ Fees .................................................................. 6/24/1994 8/18/1995, 60 FR 43008.

2–8–17 ........ Local agencies .................................................. 6/24/1994 8/18/1995, 60 FR 43008.

Rule 9. Source Specific Operating Agreement Program 

2–9–1 .......... General provisions ............................................ 6/24/1994 4/2/1996, 61 FR 14487.

2–9–2 .......... Source specific restrictions and conditions 

(Repealed).

6/24/1994 4/2/1996, 61 FR 14487 ..................................... Sec. 2(a), 

2(b), and 

2(e) 

*******

* * * * * 

[FR Doc. 2011–17036 Filed 7–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0976; FRL–9430–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Control of Gasoline Volatility; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

error in the codification in a May 25, 

2007, final rule under the Clean Air Act 

pertaining to a request for the use of low 

Reid Vapor Pressure (RVP) fuel in the 

Cincinnati and Dayton areas. Clinton 

County, Ohio is actually not part of the 

area affected by the rulemaking. 

DATES: Effective Date: This final rule is 

effective on July 8, 2011. 


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Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Rules and Regulations 40247 

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. EPA published a final approval of 

Ohio rules that request use of low RVP 

fuel in the Cincinnati and Dayton areas 

on May 25, 2007 (72 FR 29269). 

Thecodification of this approval states 

that the Ohio rules require that low-RVP 

fuel of 7.8 pounds per square inch (psi) 

be sold in Hamilton, Butler, Clinton, 

Warren, Clermont, Clark, Greene, 

Miami, and Montgomery counties. 

However, the addition of Clinton 

County in the final rule and the 

codification was a clerical error. The 

Ohio rules submitted to EPA for action 

do not apply to Clinton County, Ohio. 

The error has resulted in a discrepancy 

between 40 CFR 52.1870 and the state 

rules of Ohio. This document corrects 

the erroneous amendatory language. 

Correction 

In the codification published in the 

Federal Register on May 25, 2007 (72 

FR 29269), on page 29273 in the second 

column, paragraph numbered (138): 

‘‘Areas which includes Hamilton, 

Butler, Clinton, Warren and Clermont, 

Clark, Greene, Miami, and Montgomery 

counties.’’ is corrected to read: ‘‘Areas 

which include Hamilton, Butler, Warren 

and Clermont, Clark, Greene, Miami, 

and Montgomery Counties.’’ 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for making today’s rule final 

without prior proposal and opportunity 

for comment because we are merely 

correcting an incorrect citation in a 

previous action. The underlying state 

rule is not affected. Thus, notice and 

public procedure are unnecessary. We 

find that this constitutes good cause 

under 5 U.S.C. 553(b)(B). 

Statutory and Executive Order Reviews 

Under Executive Order (E.O.) 12866 

(58 FR 51735, October 4, 1993), this 

action is not a ‘‘significant regulatory 

action’’ and is therefore not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)). Because the agency has made 

a ‘‘good cause’’ finding that this action 

is not subject to notice-and-comment 

requirements under the Administrative 

Procedures Act or any other statute as 

indicated in the Supplementary 

Information section above, it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.), or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. This rule also does not have a 

substantial direct effect on one or more 

Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000), nor 

will it have substantial direct effects on 

the States, on the relationship between 

the National Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of governments, as specified by 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. 

This technical correction action does 

not involve technical standards; thus 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. This rule does not impose an 

information collection burden under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA had 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of July 8, 

2011. EPA will submit a report 

containing this rule 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. This correction to 

40 CFR part 52 for Ohio is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

Dated: June 24, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

List of Subjects in 40 CFR Part 52 

Air pollution control, Carbon 

monoxide, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

40 CFR part 52 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. 

Subpart KK—Ohio 

■ 2. Section 52.1870 is amended by 

revising paragraph (c)(138) to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(138) On February 14, 2006, and 

October 6, 2006, the State of Ohio 

submitted a revision to the Ohio State 

Implementation Plan. This revision is 

for the purpose of establishing a 

gasoline Reid Vapor Pressure (RVP) 

limit of 7.8 pounds per square inch (psi) 

for gasoline sold in the Cincinnati and 


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40248 Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Rules and Regulations 

Dayton areas which include Hamilton, 

Butler, Warren, Clermont, Clark, Greene, 

Miami, and Montgomery Counties. 

* * * * * 

[FR Doc. 2011–17049 Filed 7–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2008–0639; EPA–R01– 

OAR–2008–0641; EPA–R01–OAR–2008– 

00642; EPA–R01–OAR–2008–0643; A–1– 

FRL–9431–2] 

Approval and Promulgation of 

Implementation Plans; Connecticut, 

Maine, New Hampshire and Rhode 

Island; Infrastructure SIPs for the 1997 

8-Hour Ozone National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving submittals 

from the States of Connecticut, Maine, 

New Hampshire and Rhode Island. 

These submittals outline how each 

state’s State Implementation Plan (SIP) 

meets the requirements of the Clean Air 

Act (CAA) for the 1997 8-hour ozone 

national ambient air quality standards 

(NAAQS). Section 110(a) of the CAA 

requires that each state adopt and 

submit a SIP for the implementation, 

maintenance and enforcement of each 

NAAQS promulgated by the EPA. This 

SIP is commonly referred to as an 

infrastructure SIP. Specifically, EPA is 

taking final action to fully approve the 

submittals from Connecticut, Maine, 

New Hampshire and Rhode Island, with 

one exception. EPA is taking direct final 

action to conditionally approve one 

element of Connecticut’s submittal. 

These actions are being taken under the 

Clean Air Act. 

DATES: Effective Dates: This rule will be 

effective August 8, 2011, with one 

exception. The conditional approval of 

one element of Connecticut’s SIP is a 

direct final rule which will be effective 

September 6, 2011, unless EPA receives 

adverse comments on that action by 

August 8, 2011. 

If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, if 

any, on EPA’s direct final conditional 

approval for Connecticut, identified by 

Docket ID Number EPA–R01–OAR–200– 

0639 by one of the following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: arnold.anne@epa.gov Fax: 

(617) 918–0047. Mail: ‘‘Docket 

Identification Number EPA–R01–OAR– 

2008–0639’’, Anne Arnold, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, (Mail code OEP05–2), Boston, 

MA 02109–3912 

3. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, (Mail code OEP05–2), Boston, 

MA 02109–3912. Such deliveries are 

only accepted during the Regional 

Office’s normal hours of operation. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:30 to 4:30, excluding legal holidays. 

Instructions: Direct your comments 

for Connecticut to Docket ID No. EPA– 

R01–OAR–2008–0639. EPA’s policy is 

that all comments received will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

through http://www.regulations.gov, or 

e-mail, information that you consider to 

be CBI or otherwise protected. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 in http:// 

www.regulations.gov or in hard copy at 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, Suite 100, Boston, MA. 

EPA requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Burkhart, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100, Boston, MA 02109–3912, 

telephone number (617) 918–1664, fax 

number (617) 918–0664, e-mail 

Burkhart.Richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Scope of Action on Infrastructure 

Submissions 

III. EPA’s Response to Comments 

IV. Final Actions 

V. Statutory and Executive Order Reviews 

I. Background 

Section 110(a) of the Clean Air Act 

imposes the obligation upon states to 

make a SIP submission to EPA for a new 

or revised NAAQS, but the contents of 

that submission may vary depending 

upon the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the SIP for a new or revised 

NAAQS affects the content of the 

submission. The contents of such SIP 

submissions may also vary depending 

upon what provisions the state’s 

existing SIP already contains. In the 

case of the 1997 8-hour ozone NAAQS, 

states typically have met the basic 

program elements required in section 

110(a)(2) through earlier SIP 

submissions in connection with 

previous ozone standards. 

On October 2, 2007, EPA issued a 

guidance document entitled, ‘‘Guidance 

on SIP Elements Required Under 

Sections 110(a)(1) and (2) for the 1997 


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