75384 Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Rules and Regulations 

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 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 

December 20, 2012. 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 52 for Illinois is not a ‘‘major 

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

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 10, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, part 52, title 40, chapter I of 

the Code of the Federal Regulations is 

amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

§ 52.731 [Redesignated as § 52.745] 

■ 2. Redesignate § 52.731 as § 52.745. 

■ 3. A new § 52.731 is added to read as 

follows: 

§ 52.731 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

(a)(1) The owner and operator of each 

source and each unit located in the State 

of Illinois and for which requirements 

are set forth under the TR NOX Annual 

Trading Program in subpart AAAAA of 

part 97 of this chapter must comply 

with such requirements. The obligation 

to comply with such requirements will 

be eliminated by the promulgation of an 

approval by the Administrator of a 

revision to Illinois’ State 

Implementation Plan (SIP) as correcting 

the SIP’s deficiency that is the basis for 

the TR Federal Implementation Plan 

under § 52.38(a), except to the extent the 

Administrator’s approval is partial or 

conditional. 

(2) Notwithstanding the provisions of 

paragraph (a)(1) of this section, if, at the 

time of the approval of Illinois’ SIP 

revision described in paragraph (a)(1) of 

this section, the Administrator has 

already started recording any allocations 

of TR NOX Annual allowances under 

subpart AAAAA of part 97 of this 

chapter to units in the State for a control 

period in any year, the provisions of 

subpart AAAAA of part 97 of this 

chapter authorizing the Administrator to 

complete the allocation and recordation 

of TR NOX Annual allowances to units 

in the State for each such control period 

shall continue to apply, unless provided 

otherwise by such approval of the 

State’s SIP revision. (b)(1) The owner 

and operator of each source and each 

unit located in the State of Illinois and 

for which requirements are set forth 

under the TR NOX Ozone Season 

Trading Program in subpart BBBBB of 

part 97 of this chapter must comply 

with such requirements. The obligation 

to comply with such requirements will 

be eliminated by the promulgation of an 

approval by the Administrator of a 

revision to Illinois’ State 

Implementation Plan (SIP) as correcting 

the SIP’s deficiency that is the basis for 

the TR Federal Implementation Plan 

under § 52.38(b), except to the extent 

the Administrator’s approval is partial 

or conditional. 

(2) Notwithstanding the provisions of 

paragraph (b)(1) of this section, if, at the 

time of the approval of Illinois’ SIP 

revision described in paragraph (b)(1) of 

this section, the Administrator has 

already started recording any allocations 

of TR NOX Ozone Season allowances 

under subpart BBBBB of part 97 of this 

chapter to units in the State for a control 

period in any year, the provisions of 

subpart BBBBB of part 97 of this chapter 

authorizing the Administrator to 

complete the allocation and recordation 

of TR NOX Ozone Season allowances to 

units in the State for each such control 

period shall continue to apply, unless 

provided otherwise by such approval of 

the State’s SIP revision. 

[FR Doc. 2012–30533 Filed 12–19–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0537; FRL–9762–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Delaware County (Muncie), Indiana 

Ozone Maintenance Plan Revision to 

Approved Motor Vehicle Emissions 

Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 


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Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Rules and Regulations 75385 

SUMMARY: EPA is approving Indiana’s 

request to revise the Delaware County 

(Muncie), Indiana 1997 8-hour ozone 

maintenance State Implementation Plan 

(SIP) by replacing the previously 

approved motor vehicle emissions 

budgets (budgets) with budgets 

developed using EPA’s Motor Vehicle 

Emissions Simulator (MOVES) 

emissions model. EPA proposed 

approval on October 26, 2012, and did 

not receive any public comments on the 

proposal. 

DATES: This final rule is effective on 

January 22, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2012–0537. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Patricia 

Morris, Environmental Scientist, at 

(312) 353–8656 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Morris, Environmental 

Scientist, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8656, 

morris.patricia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. What is the background for this action? 

II. What public comments were received? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On June 15, 2012, Indiana submitted 

replacement budgets based on 

MOVES2010a for Delaware County, 

Indiana. This SIP revision replaces 

MOBILE6.2-based approved budgets in 

the 1997 8-hour ozone maintenance 

plan for Delaware County, Indiana with 

MOVES2010a-based budgets. Indiana 

supplemented the SIP revision request 

on August 17, 2012. The August 17, 

2012, submittal letter with the state 

public comment documentation 

completed the requirements for the SIP 

submittal. 

On October 26, 2012, EPA proposed 

to approve the Indiana SIP revision (see 

77 FR 65341). Additional information 

for today’s action is contained in EPA’s 

October 26, 2012, proposal. 

The MOVES model is EPA’s state-ofthe-art tool for estimating highway 

emissions. The model is based on 

analyses of millions of emission test 

results and considerable advances in the 

agency’s understanding of vehicle 

emissions. MOVES incorporates the 

latest emissions data, more 

sophisticated calculation algorithms, 

increased user flexibility, new software 

design, and significant new capabilities 

relative to those reflected in 

MOBILE6.2. 

Under section 176(c) of the Clean Air 

Act (CAA), transportation plans, 

Transportation Improvement Programs 

(TIPs), and transportation projects must 

‘‘conform’’ to (i.e., be consistent with) 

the SIP before they can be adopted or 

approved. Conformity to the SIP means 

that transportation activities will not 

cause new air quality violations, worsen 

existing air quality violations, or delay 

timely attainment of the NAAQS or 

delay an interim milestone. The 

transportation conformity regulations 

can be found at 40 CFR parts 51 and 93. 

The Delaware County, Indiana area 

must use the updated budgets to 

demonstrate transportation conformity. 

States that revise their existing SIPs to 

include MOVES budgets must show that 

the SIP continues to meet applicable 

requirements with the new level of 

motor vehicle emissions contained in 

the budgets. The transportation 

conformity rule (40 CFR 

93.118(e)(4)(iv)) requires that ‘‘the motor 

vehicle emissions budget(s), when 

considered together with all other 

emissions sources, is consistent with 

applicable requirements for reasonable 

further progress, attainment, or 

maintenance (whichever is relevant to 

the given implementation plan 

submission).’’ 

EPA has determined, based on its 

evaluation, that the area’s maintenance 

plan continues to serve its intended 

purpose with the MOVES2010a-based 

budgets and that the budgets themselves 

meet the adequacy criteria in the 

conformity rule at 40 CFR 93.118(e)(4). 

The basis for this conclusion is 

contained in the proposed approval (77 

FR 65341). 

On the effective date of EPA’s 

approval of the submitted budgets, the 

budgets must be used by local, state and 

Federal agencies in determining 

whether transportation activities 

conform to the SIP as required by 

section 176(c) of the CAA. 

II. What public comments were 

received? 

The State public comment period 

ended on July 18, 2012. The State 

offered to hold a public hearing on 

request but one was not requested. The 

State received no public comments 

during the comment period. 

EPA also had a public comment 

period on the proposal. The public 

comment period closed on November 

26, 2012. EPA received no comments 

during the public comment period. 

III. What action is EPA taking? 

EPA is approving new MOVES2010abased budgets for the Delaware County, 

Indiana 1997 ozone maintenance area 

because the submitted budgets should 

continue to keep emissions below the 

attainment level and maintain air 

quality. On the effective date of this 

rulemaking, the submitted 

MOVES2010a-based budgets will 

replace the existing, MOBILE6.2-based 

budgets in the State’s 1997 8-hour ozone 

maintenance plan and will be used in 

future transportation conformity 

analyses for the area. The previously 

approved MOBILE6.2-based budgets 

will no longer be applicable for 

transportation conformity purposes. The 

table below shows the MOVES budgets 

for Delaware County, Indiana for the 

year 2015. These are the budgets that are 

being approved. 

MOTOR VEHICLE EMISSION BUDGETS

FOR DELAWARE COUNTY, INDIANA

[MOVES-Based Onroad Emissions] 

Year .................................................. 2015 

Nitrogen oxides tons/day .................. 7.02 

Volatile organic compounds tons/day 2.53 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 


erowe on DSK2VPTVN1PROD with 
75386 Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Rules and Regulations 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 19, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxides, Ozone, Volatile 

organic compounds. 

Dated: December 10, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. The table in § 52.770 paragraph (e) 

is amended by adding an entry in 

alphabetical order for ‘‘Muncie 1997 8- 

hour ozone maintenance plan’’ to read 

as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title Indiana date EPA approval Explanation 

*******

Muncie 1997 8-hour ozone maintenance 

plan.

..................... 12/20/12 [INSERT PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

Revision to motor vehicle emission budgets. 

* * * * * * * 

■ 3. Section 52.777 is amended by 

redesignating the existing paragraph (cc) 

as paragraph (cc)(1) and by adding 

paragraph (cc)(2) to read as follows: 

§ 52.777 Control Strategy: Photochemical 

oxidants (hydrocarbons). 

* * * * * 

(cc) * * * 

(2) Approval—On August 17, 2012, 

Indiana submitted a request to revise the 

approved MOBILE6.2 motor vehicle 

emission budgets (budgets) in the 1997 

8-hour ozone maintenance plan for the 

Delaware County (Muncie), Indiana 

area. The budgets are being revised with 

budgets developed with the 

MOVES2010a model. The 2015 budgets 

for Delaware County, Indiana are 2.53 

tons per day volatile organic 

compounds (VOCs) and 7.02 tons per 

day nitrogen oxides (NOX). 

* * * * * 

[FR Doc. 2012–30439 Filed 12–19–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0444; FRL–9760–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Fredericksburg 8-Hour Ozone 

Maintenance Area Revision to 

Approved Motor Vehicle Emissions 

Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 


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