72954 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T08–0979 to read as 

follows: 

§ 165.T08–0979 Safety Zone; 1000 yard 

radius from position 29≥48.77′ N 091≥33.02′ 

W, Charenton Drainage and Navigation 

Canal, St. Mary Parish, LA. 

(a) Enforcement Areas. The safety 

zone exists in an area comprising a 1000 

yard radius from position 29°48.77′ N 

091°33.02′ W, Charenton Drainage and 

Navigation Canal. 

(b) Effective date. This rule is effective 

on October 20, 2010 through December 

31, 2010. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.33 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Morgan City. 

(2) Vessels requiring entry into or 

passage through the Safety Zone must 

request permission from the Captain of 

the Port Morgan City, or a designated 

representative. They may be contacted 

on VHF Channel 13 or 16, or by 

telephone at (985) 380–5320. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Morgan City and 

designated on-scene patrol personnel. 

On-scene patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

Dated: October 20, 2010. 

Blake E. Welborn, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Morgan City, Louisiana. 

[FR Doc. 2010–29878 Filed 11–26–10; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0656; FRL–9232–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Ohio Portion of the CincinnatiHamilton Area; 8-Hour Ozone 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a revision to 

the maintenance plan for the Ohio 

portion of the Cincinnati-Hamilton, 

OH–KY–IN 8-hour ozone area. The 

Cincinnati-Hamilton 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. The 

Ohio Environmental Protection Agency 

(Ohio EPA) submitted a maintenance 

plan revision on July 6, 2010. The 

submittal contained revisions to 2015 

and 2020 NOX point source emissions 

projections for Butler County to reflect 

modifications at a major source that will 

occur during the maintenance period. 

DATES: This direct final rule will be 

effective January 28, 2011, unless EPA 

receives adverse comments by 

December 29, 2010. 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, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0656, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2010– 

0656. 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 information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. 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 docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

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 Kathleen D’Agostino, 

Environmental Engineer, at (312) 886– 

1767 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Environmental 

Engineer, 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. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

II. What revisions are being made to the 

maintenance plan? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 72955 

I. What is the background for this 

action? 

On May 11, 2010 (75 FR 26118), EPA 

redesignated the Ohio and Indiana 

portions of the Cincinnati-Hamilton area 

to attainment for the 1997 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS). At that time, EPA also 

approved, as a revision to the Ohio and 

Indiana State Implementation Plans 

(SIP), the States’ plans for maintaining 

the 8-hour ozone NAAQS through 2020 

in the area. 

The Ohio and Indiana plans 

demonstrated maintenance of the 8-hour 

ozone standard through 2020 by 

showing that current and future 

emissions of VOC and NOX for the 

Cincinnati-Hamilton area remain at or 

below attainment year emission levels. 

The Cincinnati-Hamilton area attained 

the 8-hour ozone NAAQS during the 

2007–2009 time period. For attainment 

emission levels, Ohio and Indiana used 

2008 inventories. Emissions inventory 

projections for the years 2015 and 2020 

were used to demonstrate maintenance. 

As part of their maintenance plans, 

the States elected to include a ‘‘safety 

margin’’ for the area. A ‘‘safety margin’’ 

is the difference between the attainment 

level of emissions (from all sources) and 

the projected level of emissions (from 

all sources) in the maintenance plan 

which continues to demonstrate 

attainment of the standard. For the Ohio 

and Indiana portion of the CincinnatiHamilton area, the emissions from 

point, area, nonroad, and mobile 

sources in 2008 equaled 144.22 tons per 

day (tpd) and 230.28 tpd of VOC and 

NOX, respectively. In the maintenance 

plans, Ohio and Indiana projected VOC 

and NOX emission levels for 2020 to be 

117.70 tpd and 197.75 tpd, respectively. 

The SIP submissions demonstrated that 

the Cincinnati-Hamilton area will 

continue to maintain the standard with 

emissions at this level. The safety 

margin was calculated to be the 

difference between 2008 and 2020 

emissions levels. The 2020 safety 

margin for VOC was 26.52 tpd (i.e., 

144.22 tpd less 117.70). For NOX, the 

2020 safety margin was 32.53 tpd. Using 

the same method of calculation, the 

2015 safety margins for VOC and NOX

were 23.40 tpd and 17.50 tpd, 

respectively. The safety margin, or a 

portion thereof, can be allocated to any 

of the source categories, as long as the 

total attainment level of emissions is 

maintained. 

At the time the maintenance plan was 

approved, EPA also approved VOC and 

NOX Motor Vehicle Emissions Budgets 

(MVEBs) for 2015 and 2020 for the Ohio 

and Indiana portions of the CincinnatiHamilton area. The MVEBs requested by 

Ohio EPA and the Indiana Department 

of Environmental Management (IDEM) 

contained safety margins for mobile 

sources smaller than the allowable 

safety margins reflected in the total 

emissions for the Ohio and Indiana 

portions of the Cincinnati-Hamilton 

area. For VOC, mobile safety margins of 

4.14 tpd and 3.76 tpd were included for 

2015 and 2020, respectively. For NOX, 

mobile safety margins of 6.39 tpd and 

4.49 tpd were included for 2015 and 

2020, respectively. 

II. What revisions are being made to the 

maintenance plan? 

Ohio submitted revisions to 2015 and 

2020 NOX point source emissions 

projections for Butler County to reflect 

modifications at a major source which 

will occur during the maintenance 

period. These revised projections show 

an increase of 1.31 tons per day (tpd) of 

NOX in both 2015 and 2020. As shown 

in Table 1, for the Ohio and Indiana 

portions of the Cincinnati-Hamilton 

area, 2015 and 2020 emissions remain 

below attainment levels. 

TABLE 1—COMPARISON OF 2008, 2015 AND 2020 VOC AND NOX EMISSIONS FOR THE OHIO AND INDIANA PORTION OF

THE CINCINNATI-HAMILTON AREA (TPD) 

VOC NOX

2008 2015 2020 

Net 

change 

(2008– 

2015) 

Net 

change 

(2008– 

2020) 

2008 2015 2020 

Net 

change 

(2008– 

2015) 

Net 

change 

(2008– 

2020) 

Point ......................... 10.65 12.85 13.53 2.20 2.88 88.97 135.21 138.43 46.24 49.46 

Area .......................... 57.73 54.33 54.33 ¥3.40 ¥3.40 10.98 11.03 11.03 0.05 0.05 

Onroad ..................... 30.51 27.59 25.06 ¥2.92 ¥5.45 91.67 42.61 29.90 ¥49.06 ¥61.77 

Nonroad .................... 45.33 26.05 24.78 ¥19.28 ¥20.55 38.66 25.24 19.70 ¥13.42 ¥18.96 

Total .................. 144.22 120.82 117.70 ¥23.40 ¥26.52 230.28 214.09 199.06 ¥16.19 ¥31.22 

For the Ohio and Indiana portion of 

the Cincinnati-Hamilton area, the NOX

emissions from point, area, nonroad, 

and mobile sources in 2008 equaled 

230.28 tpd. For 2015, projected NOX

emission levels equal 214.09 tpd. The 

safety margin for NOX is calculated to be 

the difference between these amounts 

or, in this case, 16.19 tpd for 2015. For 

2020, the NOX safety margin is 31.22 

tpd. The portion of the NOX safety 

margins allocated to the onroad mobile 

source sector when the MVEBs were 

approved remains smaller than the 

revised allowable safety margins 

reflected in the total emissions for the 

Ohio and Indiana portion of the 

Cincinnati-Hamilton area. Because no 

changes were made to the VOC 

inventories, the safety margins remain 

unchanged. 

III. What action is EPA taking? 

EPA is approving a revision to the 

maintenance plan for the Ohio portion 

of the Cincinnati-Hamilton 8-hour 

ozone area. Changes were made to the 

2015 and 2020 NOX point source 

emissions projections for Butler County 

to reflect modifications at a major 

source that will occur during the 

maintenance period. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

State plan if relevant adverse written 

comments are filed. This rule will be 

effective January 28, 2011 without 

further notice unless we receive relevant 

adverse written comments by December 

29, 2010. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. Please note that if EPA 

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72956 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. If we do not receive 

any comments, this action will be 

effective January 28, 2011. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act (CAA), the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the CAA and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the CAA. Accordingly, 

this action merely approves State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 28, 2011. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: November 15, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

■ 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 52.1885 is amended by 

adding paragraph (ff)(11) to read as 

follows: 

§ 52.1885 Control strategy: Ozone. 

* * * * * 

(ff) * * * 

(11) Approval—On July 6, 2010, the 

Ohio Environmental Protection Agency 

submitted a request to revise the 

maintenance plan for the Ohio portion 

of the Cincinnati-Hamilton, OH–KY–IN 

8-hour ozone area. The submittal revises 

2015 and 2020 NOX point source 

emissions projections for Butler County. 

* * * * * 

[FR Doc. 2010–29784 Filed 11–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0515; FRL–9232–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Clean Air Interstate Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a request submitted by 

the Indiana Department of 

Environmental Management (IDEM) on 

June 29, 2009, to revise the Indiana 

State Implementation Plan (SIP) under 

the Clean Air Act (CAA). The State has 

submitted amendments to the Indiana 

Administrative Code (IAC), which 

supplement Indiana’s Clean Air 

Interstate Rule (CAIR), for which EPA 

granted limited approval as an 

abbreviated SIP on October 22, 2007. 

The abbreviated SIP was to be 

implemented in conjunction with a 

Federal Implementation Plan (FIP) that 

specified requirements for emissions 

monitoring, permit provisions, and 

other elements of CAIR programs. The 

State’s June 29, 2009, submittal includes 

elements that EPA deems necessary in 

order for EPA to fully approve Indiana’s 

CAIR SIP. This will allow a transition 

from an abbreviated SIP with limited 

approval to a full SIP with full approval 

under which the various CAIR 

implementation provisions would be 

governed by State rules rather than FIP 

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