74590 Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0536; FRL–9761–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

South Bend/Elkhart, Indiana Ozone 

Maintenance Plan Revision to 

Approved Motor Vehicle Emissions 

Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving Indiana’s 

request to revise the South Bend/ 

Elkhart, Indiana 1997 8-hour ozone 

maintenance state air quality 

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 4, 2012, and did 

not receive any public comments on the 

proposal. 

DATES: This final rule is effective on 

January 16, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2012–0536. 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 

to EPA replacement budgets based on 

MOVES2010a for the South Bend/ 

Elkhart, Indiana area. This SIP revision, 

if approved, would replace MOBILE6.2- 

based approved budgets in the 1997 8- 

hour ozone maintenance plan for South 

Bend/Elkhart, 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 4, 2012, EPA 

proposed to approve the Indiana SIP 

revision request (see 77 FR 60661). 

Additional explanatory information is 

contained in EPA’s October 4, 2012, 

proposal. 

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 South Bend/Elkhart area must use 

the updated budgets to demonstrate 

transportation conformity. 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. 

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. 

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 60661). 

II. What public comments were 

received? 

The State public comment period on 

the proposal 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 had a 30 day public comment 

period on the proposed approval. The 

public comment period closed on 

November 5, 2012. EPA received no 

comments during the public comment 

period. 

III. What action is EPA taking? 

EPA is approving new MOVES2010abased budgets for the South Bend/ 

Elkhart, 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 contains the MOVES2010abased budgets for the South Bend/ 

Elkhart, Indiana area which are being 

approved in this action. 


pmangrum on DSK3VPTVN1PROD with 
Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Rules and Regulations 74591 

MOTOR VEHICLE EMISSION BUDGETS

FOR SOUTH BEND/ELKHART, INDIANA

[MOVES-based onroad emissions] 

Year 2020 

Nitrogen oxides tons/day .................... 13.95 

Volatile organic compounds tons/day 6.73 

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 

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 15, 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: November 29, 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 ‘‘South BendElkhart 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 

*******

South Bend-Elkhart 1997 8-hour 

ozone maintenance plan.

....................................................... 12/17/12, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS].Revision to motor vehicle emission budgets. 

* * * * * * * 

■ 3. Section 52.777 is amended by 

redesignating paragraph (hh) as 

paragraph (hh)(1), and by adding 

paragraph (hh)(2) to read as follows 

§ 52.777 Control Strategy: Photochemical 

oxidants (hydrocarbons). 

* * * * * 

(hh)(1) * * * 

(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 

South Bend/Elkhart, Indiana area. The 

budgets are being revised with budgets 

developed with the MOVES2010a 

model. The 2020 budgets for South 

Bend/Elkhart, Indiana are 6.73 tons per 


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74592 Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Rules and Regulations 

day volatile organic compounds (VOCs) 

and 13.95 tons per day nitrogen oxides 

(NOX). 

* * * * * 

[FR Doc. 2012–30107 Filed 12–14–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2011–0542; FRL–9760–2] 

Supplemental Determination for 

Renewable Fuels Produced Under the 

Final RFS2 Program From Grain 

Sorghum 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is issuing a supplemental 

rule associated with the Renewable Fuel 

Standard (RFS) program. This final rule 

contains a lifecycle GHG analysis for 

grain sorghum ethanol and a regulatory 

determination that grain sorghum 

ethanol qualifies as a renewable fuel 

under the RFS Program. EPA’s analysis 

indicates that ethanol made from grain 

sorghum at dry mill facilities that use 

natural gas for process energy meets the 

lifecycle greenhouse gas emissions 

reduction threshold of 20 percent 

compared to the baseline petroleum fuel 

it would replace, and therefore qualifies 

as renewable fuel. It also contains our 

regulatory determination that grain 

sorghum ethanol produced at dry mill 

facilities using specified forms of biogas 

for both process energy and most 

electricity production, has lifecycle 

GHG emission reductions of more than 

50 percent compared to the baseline 

petroleum fuel it would replace, and 

that such grain sorghum ethanol 

qualifies as an advanced biofuel under 

the RFS Program. 

DATES: This final rule is effective on 

December 17, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2011–0542. All 

documents in the docket are listed in 

the 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 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket and 

Information Center, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC 20004. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: 

Jefferson Cole, Office of Transportation 

and Air Quality, Transportation and 

Climate Division, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460 (MC: 

6041A); telephone number: 202–564– 

1283; fax number: 202–564–1177; email 

address: cole.jefferson@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Outline of This Preamble 

I. General Information 

A. Does this action apply to me? 

II. Analysis of Lifecycle Greenhouse Gas 

Emissions 

A. Methodology 

1. Scope of Analysis 

2. Models Used 

3. Scenarios Modeled for Impacts of 

Increased Demand for Grain Sorghum 

4. Model Modifications 

B. Results 

1. Agro-Economic Impacts 

2. International Land Use Change 

Emissions 

3. Grain Sorghum Ethanol Processing 

4. Results of Lifecycle Analysis for Ethanol 

From Grain Sorghum (Using Dry Mill 

Natural Gas) 

5. Results of Lifecycle Analysis for Ethanol 

From Grain Sorghum (Using Biogas for 

Process Energy and On-Site Electricity 

Production) 

6. Other Ethanol Processing Technologies 

C. Consideration of Lifecycle Analysis 

Results 

1. Implications for Threshold 

Determinations 

2. Consideration of Uncertainty 

D. Other Comments Received 

E. Summary 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

IV. Statutory Provisions and Legal Authority 

I. General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

action are those involved with the 

production, distribution, and sale of 

transportation fuels, including gasoline 

and diesel fuel or renewable fuels such 

as biodiesel and renewable diesel. 

Regulated categories include: 

Category NAICS1 codes SIC2 codes Examples of potentially regulated entities 

Industry ............................................ 324110 2911 Petroleum Refineries. 

Industry ............................................ 325193 2869 Ethyl alcohol manufacturing. 

Industry ............................................ 325199 2869 Other basic organic chemical manufacturing. 

Industry ............................................ 424690 5169 Chemical and allied products merchant wholesalers. 

Industry ............................................ 424710 5171 Petroleum bulk stations and terminals. 

Industry ............................................ 424720 5172 Petroleum and petroleum products merchant wholesalers. 

Industry ............................................ 454319 5989 Other fuel dealers. 

1 North American Industry Classification System (NAICS). 

2Standard Industrial Classification (SIC) system code. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to 

engage in activities that may be affected 

by today’s action. To determine whether 

your activities would be affected, you 

should carefully examine the 

applicability criteria in 40 CFR part 80, 

subpart M. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding section. 


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