76302 Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Rules and Regulations 

113, section 12(d) (15 U.S.C. 272 note), 

does not apply to this action. This 

action does not involve special 

considerations of environmental justice 

related issues as required by Executive 

Order 12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

IV. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and the Comptroller 

General of the United States. 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 rule is not a ‘‘major rule’’ 

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

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: November 29, 2011. 

Wendy C. Hamnett, 

Director, Office of Pollution Prevention and 

Toxics. 

Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345(d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

■ 2. The table in § 9.1 is amended by 

removing under the undesignated center 

heading ‘‘Significant New Uses of 

Chemical Substances’’ § 721.6078. 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

§ 721.6078 [Removed] 

■ 4. Remove § 721.6078. 

[FR Doc. 2011–31393 Filed 12–6–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2008–0395; FRL–9499–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Redesignation of Lake and Porter 

Counties to Attainment of the Fine 

Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking several related 

actions affecting Lake and Porter 

Counties and the State of Indiana for the 

1997 annual fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS or standard). EPA is 

approving a request from the State of 

Indiana for the redesignation of Lake 

and Porter Counties to attainment of the 

1997 annual PM2.5 standard. EPA is 

approving, as a revision to the Indiana 

State Implementation Plan (SIP), the 

State’s plan for maintaining the 1997 

annual PM2.5 standard in the ChicagoGary-Lake County, Illinois-Indiana (ILIN) PM2.5 nonattainment area (Greater 

Chicago nonattainment area) through 

2025. EPA is also approving Indiana’s 

2025 Nitrogen Oxides (NOX) and PM2.5

Motor Vehicle Emission Budgets 

(MVEBs). Finally, EPA is approving 

Indiana’s 2005 NOX, primary PM2.5, and 

sulfur dioxide (SO2) emissions 

inventories for Lake and Porter 

Counties. 

DATES: This final rule is effective 

February 6, 2012. 

ADDRESSES: EPA has established a 

docket for this action: Docket ID No. 

EPA–R05–OAR–2008–0395. All 

documents in the docket are listed on 

the http://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 at 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 Edward 

Doty, Environmental Scientist, at (312) 

886–6057, before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Edward Doty, 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) 886–6057, 

doty.edward@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: 

Table of Contents 

I. What is the background for this rule? 

II. What comments did we receive on the 

proposed rule? 

III. What actions is EPA taking? 

IV. Statutory and and Executive Order 

Reviews 

I. What is the background for this rule? 

On July 18, 1997 (62 FR 38652), EPA 

promulgated an annual PM2.5 standard 

at a level of 15 micrograms per cubic 

meter (mg/m3) of ambient air, based on 

the three-year average of the annual 

mean PM2.5 concentration at any 

monitor (1997 annual PM2.5 standard). 

On October 17, 2006 (71 FR 61144), EPA 

retained the annual PM2.5 standard at 15 

mg/m3 (2006 annual PM2.5 standard). 

However, in response to legal challenges 

of the 2006 annual PM2.5 standard, the 

United States Court of Appeals for the 

District of Columbia Circuit (DC Circuit) 

remanded the 2006 annual PM2.5

standard to EPA for further 

consideration. EPA has retained and 

continues to enforce the 1997 annual 

PM2.5 standard. 

On January 5, 2005 (70 FR 944), EPA 

published air quality area designations 

for the 1997 annual PM2.5 standard 

based on air quality data for calendar 

2001–2003. In that rulemaking, EPA 

designated the Greater Chicago area, 

which includes Lake and Porter 

Counties in Indiana, as nonattainment 

for the 1997 annual PM2.5 standard. 

On April 3, 2008, the Indiana 

Department of Environmental 

Management (IDEM) submitted a 

request for EPA approval of a 

redesignation of Lake and Porter 

Counties to attainment of the 1997 

annual PM2.5 standard. This 


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Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Rules and Regulations 76303 

redesignation request is based on 2004– 

2007 monitoring data showing 

attainment of the 1997 annual PM2.5

standard. On March 6, 2009, IDEM 

submitted a technical addendum to the 

April 3, 2008, PM2.5 redesignation 

request to show that the Greater Chicago 

nonattainment area continued to attain 

the 1997 annual PM2.5 standard through 

2008. 

On November 27, 2009 (74 FR 62243), 

EPA made a final determination that the 

Greater Chicago nonattainment area was 

attaining the 1997 annual PM2.5

standard. 

On May 26, 2011, IDEM submitted a 

revised PM2.5 maintenance plan to EPA 

demonstrating maintenance of the 1997 

annual PM2.5 standard in Lake and 

Porter Counties through 2025. In this 

submittal, the State included additional 

air quality data showing continued 

attainment of the 1997 annual PM2.5

standard in the Greater Chicago area 

during 2008–2010. 

On September 27, 2011 (76 FR 59600), 

EPA issued a notice of rulemaking 

proposing to approve Indiana’s request 

to redesignate Lake and Porter Counties 

to attainment of the 1997 annual PM2.5

standard. This notice of rulemaking also 

proposed to approve Indiana’s PM2.5

maintenance plan for Lake and Porter 

Counties, as revised in Indiana’s May 

26, 2011, submittal, 2005 NOX, SO2, and 

primary PM2.5 emission inventories for 

Lake and Porter Counties, and 2025 

NOX and PM2.5 MVEBs for Lake and 

Porter Counties. 

The primary background for today’s 

actions is contained in EPA’s September 

27, 2011, proposal to approve Indiana’s 

redesignation request, and in EPA’s 

November 27, 2009, final determination 

that the Greater Chicago area has 

attained the 1997 annual PM2.5

standard. In particular, the September 

27, 2011, proposed rulemaking provides 

a detailed discussion of how Indiana’s 

PM2.5 redesignation request and 

maintenance plan meet the Clean Air 

Act (CAA) requirements for 

redesignation to attainment for the 1997 

annual PM2.5 standard. 

II. What comments did we receive on 

the proposed rule? 

The public comment period for the 

proposed rule ended on October 27, 

2011. No comments were received 

regarding the September 27, 2011, 

proposed rule. 

III. What actions is EPA taking? 

After reviewing Indiana’s 

redesignation request, EPA has 

determined that it meets the criteria set 

forth in section 107(d)(3)(E) of the CAA. 

Therefore, EPA is approving the 

redesignation of Lake and Porter 

Counties to attainment for the 1997 

annual PM2.5 standard. EPA is also 

approving Indiana’s PM2.5 maintenance 

plan for Lake and Porter Counties as a 

revision of the Indiana SIP based on 

Indiana’s demonstration that the plan 

meets the requirements of section 175A 

of the CAA. In addition, EPA is 

approving the 2005 NOX, SO2, and 

PM2.5 emission inventories for Lake and 

Porter Counties as meeting the 

requirement for emission inventories 

contained in section 172(c)(3) of the 

CAA. Finally, EPA also finds adequate 

and is approving the State’s 2025 NOX

and PM2.5 MVEBs for Lake and Porter 

Counties for purposes of future 

transportation conformity analyses and 

demonstrations. 

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, these actions 

merely do not impose additional 

requirements beyond those imposed by 

State law and the CAA. For that reason, 

these actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are 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, 

• Do 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 6, 2012. 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).) 


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76304 Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Rules and Regulations 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Particulate matter, 

Sulfur dioxide. 

40 CFR Part 81 

Air pollution control, Environmental 

protection, National parks, Wilderness 

areas. 

Dated: November 22, 2011. 

Susan Hedman, 

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. 

Subpart P—Indiana 

■ 2. Section 52.776 is amended by 

adding paragraphs (v)(4) and (w)(4) to 

read as follows: 

§ 52.776 Control strategy: Particulate 

matter. 

* * * * * 

(v) * * * 

(4) The Chicago-Gary-Lake County, ILIN nonattainment area (Lake and Porter 

Counties), as submitted on April 3, 

2008, and supplemented on March 6, 

2009. The maintenance plan establishes 

2025 motor vehicle emissions budgets 

for Lake and Porter Counties of 2,915.19 

tons per year for NOX and 132.70 tons 

per year for primary PM2.5. 

(w) * * * 

(4) Indiana’s 2005 NOX, primary 

PM2.5, and SO2 emissions inventory 

satisfies the emission inventory 

requirements of section 172(c)(3) of the 

Clean Air Act for Lake and Porter 

Counties. 

PART 81—[AMENDED] 

■ 3. The authority citation for part 81 

continues to read as follow: 

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

■ 4. Section 81.315 is amended by 

revising the entry for Chicago-Gary-Lake 

County, IL-IN in the table entitled 

‘‘Indiana PM2.5 (Annual NAAQS)’’ to 

read as follows: 

§ 81.315 Indiana. 

* * * * * 

INDIANA—PM2.5

[Annual NAAQS] 

Designated area 

Designation 1

Date 2 Type 

*******

Chicago-Gary-Lake County, IL-IN: February 6, 2012 ...................................................................... Attainment. 

Lake County 

Porter County 

*******

1 Includes Indian Country located in each county or area, except as otherwise specified. 

2This date is 90 days after January 5, 2005, unless otherwise noted. 

* * * * * 

[FR Doc. 2011–31131 Filed 12–6–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–1026; FRL–9325–2] 

Saflufenacil; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of saflufenacil in 

or on Banana; Coffee, green bean; and 

Mango. BASF Corporation requested 

these tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

December 7, 2011. Objections and 

requests for hearings must be received 

on or before February 6, 2012, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–1026. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Montague, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–1243; email address: 

montague.kathryn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 


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