Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Rules and Regulations 28497 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

would not result in such an 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

7. Taking of Private Property 

This rule will not affect the taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

8. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

9. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

10. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it 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. 

11. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

12. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

13. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

establishment of a safety zone, and thus, 

paragraph 34(g) of figure 2–1 in 

Commandant Instruction M16475.lD 

applies. 

An environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for Part 165 

continues to read as follows: 

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

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 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.T09–0334 to read as 

follows: 

§ 165.T09–0334 Safety Zone; Safety 

precautions to protect the public from the 

effects of a potential catastrophic failure of 

the Marseilles Dam; Illinois River. 

(a) Location. All waters of the Illinois 

River from the gates of the Dresden Lock 

and Dam at Mile Marker 271.4 to the 

gates of the Starved Rock Lock and Dam 

at Mile Marker 231.0. 

(b) Effective and Enforcement Period. 

This safety zone will be effective and 

enforced from April 29, 2013, until June 

30, 2013. 

(c) Regulations. (1) All vessels 

permitted to enter or remain in the 

safety zone are prohibited from laying 

up on levees. 

(2) All vessels are prohibited from 

entering, transiting, or anchoring within 

this safety zone unless authorized by the 

Captain of the Port, Lake Michigan, or 

his designated representative. 

(3) Any vessel located within the 

safety zone will be authorized to transit 

within or exit the safety zone only by 

permission of the Captain of the Port, 

Lake Michigan or his designated 

representative. 

(d) Exceptions. (1) All vessels 

intending to transit into the safety zone 

are authorized to do so at the discretion 

of the Dresden and Starved Rock 

Lockmasters. The Dresden Lockmaster 

may be contacted by calling 815–942– 

0840. The Starved Rock Lockmaster may 

be contacted by calling 815–667–4114. 

Vessels underway in the Dresden or 

Starved Rock Pool should immediately 

seek a safe mooring or departure from 

the affected pools. Vessels moored 

within the Starved Rock or Dresden 

Pool that intend to depart or transit 

within the pool shall contact The 

Captain of the Port, Lake Michigan or 

his on-scene representative via VHF 

Channel 16, or by calling (630) 336– 

0300. Vessel operators given permission 

to enter, operate, or depart from the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port, Lake Michigan, or his onscene representative. The ‘‘on-scene 

representative’’ of the Captain of the 

Port, Lake Michigan is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the Captain 

of the Port, Lake Michigan to act on his 

behalf. 

Dated: April 29, 2013. 

M.W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Lake Michigan. 

[FR Doc. 2013–11525 Filed 5–14–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0968; FRL–9812–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Canton-Massillon 1997 8-Hour Ozone 

Maintenance Plan Revision to 

Approved Motor Vehicle Emissions 

Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Under the Clean Air Act 

(CAA), EPA is approving the request by 

Ohio to revise the Canton-Massillon, 

Ohio 1997 8-hour ozone maintenance 

air quality State Implementation Plan 

(SIP) to replace the previously approved 

motor vehicle emissions budgets 

(budgets) with budgets developed using 

EPA’s Motor Vehicle Emissions 

Simulator (MOVES) emissions model. 

Ohio submitted the SIP revision request 

to EPA on November 26, 2012. 

DATES: This direct final rule will be 

effective July 15, 2013, unless EPA 

receives adverse comments by June 14, 


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28498 Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Rules and Regulations 

2013. 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–2012–0968, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies 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–2012– 

0968. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov your email 

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 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 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 Anthony 

Maietta, Environmental Protection 

Specialist, at (312) 353–8777 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Environmental 

Protection Specialist, Control Strategies 

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

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8777, 

maietta.anthony@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 EPA approving? 

II. What is the background for this action? 

a. SIP Budgets and Transportation 

Conformity 

b. Prior Approval of Budgets 

c. The MOVES Emissions Model 

d. Submission of New Budgets Based on 

MOVES2010a 

III. What are the criteria for approval? 

IV. What is EPA’s analysis of the State’s 

submittal? 

a. The Revised Inventories 

b. Approvability of the MOVES2010aBased Budgets 

c. Applicability of MOBILE6.2-Based 

Budgets 

V. What action is EPA taking? 

VI. Statutory and Executive Order Reviews 

I. What is EPA approving? 

EPA is approving new MOVES2010abased budgets for the Canton-Massillon, 

Ohio, 1997 8-hour ozone maintenance 

area that will replace the MOBILE-based 

budgets in the SIP. The CantonMassillon, Ohio area was redesignated 

to attainment of the 1997 8-hour ozone 

standard effective June 15, 2007, (72 FR 

27648). MOBILE6.2-based budgets were 

approved in that action. Upon the 

effective date of approval of the 

MOVES-based budgets, they must then 

be used in future transportation 

conformity analyses for the area as 

required by section 176(c) of the CAA. 

See the official release of the 

MOVES2010 emissions model (75 FR 

9411–9414) for background, and section 

II.(c) below for details. 

II. What is the Background for this 

action? 

a. SIP Budgets and Transportation 

Conformity 

Under the CAA, states are required to 

submit control strategy SIP revisions 

and maintenance plans for 

nonattainment and maintenance areas 

for a given National Ambient Air 

Quality Standard (NAAQS). These SIP 

revisions and maintenance plans 

include budgets of on-road mobile 

source emissions for criteria pollutants 

and/or their precursors. Transportation 

plans and projects ‘‘conform’’ to (i.e., 

are consistent with) the SIP when they 

will not cause or contribute to air 

quality violations, or delay timely 

attainment of the NAAQS or an interim 

milestone. 

b. Prior Approval of Budgets 

EPA previously approved budgets for 

the Canton-Massillon, Ohio, 8-hour 

ozone maintenance area for volatile 

organic compounds (VOCs) and 

nitrogen oxides (NOX). The area’s ozone 

maintenance plan established 2009 and 

2018 budgets that demonstrated a 

reduction in emissions from the 

monitored attainment year. 

c. The MOVES Emissions Model 

The MOVES model is EPA’s state of 

the art tool for estimating highway 

emissions. EPA announced the release 

of MOVES2010 in March 2010 (75 FR 

9411). Use of the MOVES model is 

required for regional emissions analyses 

for transportation conformity 

determinations outside of California that 

begin after March 2, 2013. 

MOVES2010a was used to estimate 

emissions in the Canton-Massillon area 

for the same milestone years as the 

original budgets in the SIP. The Ohio 

Environmental Protection Agency 

(OEPA) is revising the budgets using the 

latest planning assumptions, including 

population and employment updates. In 

addition, newer vehicle registration data 

has been used to update the age 

distribution of the vehicle fleet. 

Updating the budgets with 

MOVES2010a allows the area to 

continue to show conformity to the SIP 

in plans, transportation improvement 

programs, and projects. The interagency 


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Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Rules and Regulations 28499 

consultation group has had extensive 

consultation on the requirements and 

need for new budgets. 

d. Submission of New Budgets Based on 

MOVES2010a 

On November 26, 2012, Ohio 

submitted final budgets based on 

MOVES2010a that cover the CantonMassillon area. Ohio received no 

comments during the public review and 

comment period. 

The new MOVES2010a based budgets 

are for the years 2009 and 2018 for both 

VOCs and NOX and are detailed later in 

this notice. Ohio has provided the area’s 

total emissions from all sectors, 

including mobile emissions based on 

MOVES2010a, for the attainment year of 

2004, the 2009 interim budget year, and 

the 2018 maintenance year. The 

combined emissions reduction from all 

sectors between the years 2004 and 2018 

is also shown. Total emissions include 

point, area, non-road mobile and onroad mobile sources. The total 

emissions and combined emissions 

reduction are shown in tables 1 and 2. 

It should be noted that in tables 1 and 

2, for on-road emissions of both VOC 

and NOX for the years 2009 and 2018, 

a 15% safety margin has been applied 

to reach the values shown. 

TABLE 1—TOTAL VOC EMISSIONS WITH MOVES2010A MOBILE EMISSIONS IN CANTON-MASSILLON, OHIO

[Tons per day] 

Sector 2004 

Attainment 

2009 

Interim 

2018 

Maintenance 

Combined 

emissions 

reduction 

(2004–2018) 

Point ................................................................................................................. 2.97 3.14 3.77 ........................

Area ................................................................................................................. 21.03 20.49 21.93 ........................

On-road Mobile ................................................................................................ 22.56 19.17 9.02 ........................

Non-road Mobile .............................................................................................. 5.44 4.06 3.36 ........................

Total .......................................................................................................... 52.00 46.86 38.08 13.92 

TABLE 2—TOTAL NOX EMISSIONS WITH MOVES2010A MOBILE EMISSIONS IN CANTON-MASSILLON, OHIO

[Tons per day] 

Sector 2004 

Attainment 

2009 

Interim 

2018 

Maintenance 

Combined 

emissions 

reduction 

(2004–2018) 

Point ................................................................................................................. 4.85 4.16 4.72 ........................

Area ................................................................................................................. 1.23 1.40 1.46 ........................

On-road Mobile ................................................................................................ 33.14 28.36 11.37 ........................

Non-road Mobile .............................................................................................. 9.25 7.20 4.72 ........................

Total .......................................................................................................... 48.47 41.12 22.27 26.20 

The Stark County Area Transportation 

Study added a safety margin that is only 

a portion of the attainment margin 

available for NOX and VOCs to the 

budgets for 2009 and 2018. As shown in 

tables 1 and 2, the submittal 

demonstrates how the area’s emissions 

decline from the attainment year of 2004 

to maintain the 1997 8-hour ozone 

standard. 

No additional control measures were 

needed to maintain the 1997 ozone 

standard in the Canton-Massillon area. 

An appropriate safety margin for NOX

and VOCs was selected by the 

interagency consultation group, which 

consists of the Federal Highway 

Administration, OEPA, the Ohio 

Department of Transportation, and EPA. 

The submitted budgets for the CantonMassillon, Ohio area are shown in table 

3 below. 

III. What are the criteria for approval? 

EPA requires that revisions to existing 

SIPs and budgets continue to meet 

applicable requirements (e.g., 

reasonable further progress, attainment, 

or maintenance). The SIP must also 

meet any applicable SIP requirements 

under CAA section 110. In addition, 

adequacy criteria found at 40 CFR 

93.118(e)(4) must be satisfied before 

EPA can find submitted budgets 

adequate and approve them for 

conformity purposes. 

Areas can revise their budgets and 

inventories using MOVES without 

revising their entire SIP if (1) the SIP 

continues to meet applicable 

requirements when the previous motor 

vehicle emissions inventories are 

replaced with MOVES base year and 

milestone, attainment, or maintenance 

year inventories, and (2) the state can 

document that growth and control 

strategy assumptions for non-motor 

vehicle sources continue to be valid and 

any minor updates do not change the 

overall conclusions of the SIP. Ohio’s 

November 26, 2012, submittal meets 

this requirement as described in the 

next section. 

For more information, see EPA’s latest 

‘‘Policy Guidance on the Use of 

MOVES2010 for SIP Development, 

Transportation Conformity, and Other 

Purposes’’ (April 2012), available online 

at: www.epa.gov/otaq/stateresources/ 

transconf/policy.htm#models. 

IV. What is EPA’s analysis of the State’s 

submittal? 

a. The Revised Inventories 

The November 26, 2012, SIP revision 

request for the Canton-Massillon, Ohio 

1997 ozone maintenance plan seeks to 

revise only the on-road mobile source 

inventories. OEPA has certified that the 

control strategies remain the same as in 

the original SIP, and that no other 

control strategies are necessary. OEPA 

also finds that growth and control 

strategy assumptions for non-mobile 

sources (i.e., area, non-road, and point) 

have not changed significantly from the 

original submittal. This is supported by 


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28500 Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Rules and Regulations 

the monitoring data for the CantonMassillon area, which continues to 

monitor attainment for the 1997 8-hour 

ozone standard. 

EPA has reviewed the emission 

estimates for point, area and non-road 

sources and concluded that no major 

changes to the projections need to be 

made. Ohio finds that growth and 

control strategy assumptions for nonmobile sources (i.e., area, non-road, and 

point) have not changed significantly 

from the original submittal for the years 

2004, 2009, and 2018. As a result, the 

growth and control strategy assumptions 

for the non-mobile sources for the years 

2004, 2009, and 2018 continue to be 

valid and do not affect the overall 

conclusions of the plan. 

Ohio’s submittal confirms that the 

total emissions in the revised SIP 

(which includes MOVES2010a 

emissions from mobile sources) as 

shown in tables 1 and 2 above 

demonstrate that emissions in the 

Canton-Massillon, Ohio area continue to 

decline and remain below the 

attainment levels. 

Ohio has submitted MOVES 2010abased budgets for the Canton-Massillon, 

Ohio area that are clearly identified in 

the submittal. The budgets are displayed 

in table 3. 

TABLE 3—MOTOR VEHICLE EMISSION BUDGETS (MOVES) FOR THE CANTON-MASSILLON 1997 OZONE AREA (STARK

COUNTY, OHIO) IN TONS PER DAY

Year 2009 2018 

VOC ......................................................................................................................................................................... 19.17 9.02 

NOX .......................................................................................................................................................................... 28.36 11.37 

b. Approvability of the MOVES2010aBased Budgets 

EPA is approving the MOVES2010abased budgets submitted by Ohio for use 

in determining transportation 

conformity in the Canton-Massillon, 

Ohio 1997 ozone maintenance area. EPA 

evaluated the MOVES-basaed budgets 

using the adequacy criteria found in 40 

CFR 93.118(e)(4), and our in-depth 

evaluation of the State’s submittal and 

SIP requirements. 

Before submitting the revised budgets, 

OEPA followed all necessary conformity 

procedures. The budgets are clearly 

identified and precisely quantified in 

the submittal. The budgets, when 

considered with other emissions 

sources, are consistent with continued 

maintenance of the 1997 ozone 

standard. The budgets are clearly related 

to the emissions inventory and control 

measures in the SIP. The changes from 

the previous budgets are clearly 

explained with the change in the model 

from MOBILE6.2 to MOVES2010a and 

the revised and updated planning 

assumptions. The inputs to the model 

are detailed in the appendix to the 

submittal. EPA has reviewed the inputs 

to the MOVES2010a modeling and 

participated in the consultation process. 

The Federal Highway Administration 

and the Ohio Department of 

Transportation have taken a lead role in 

working with the Miami Valley Regional 

Planning Commission to provide 

accurate, timely information and inputs 

to the MOVES2010a model run. The 

state has documented that growth and 

control strategy assumptions for nonmotor vehicle sources (i.e. area, nonroad, and point) continue to be valid 

and any minor updates do not change 

the overall conclusions of the SIP. 

Ohio’s submission confirms that the 

SIP continues to demonstrate 

maintenance of the 1997 ozone standard 

because the total emissions in the 

revised SIP (including MOVES2010a 

emissions for mobile sources) continue 

to decrease from the attainment year to 

the final year of the maintenance plan, 

as shown in tables 1 and 2 above. The 

budgets include an appropriate margin 

of safety while still maintaining total 

emissions below the attainment level. 

The submitted budgets include an 

appropriate margin of safety while still 

maintaining total emissions below the 

attainment level. 

Based on our review of the SIP and 

the new budgets provided, EPA has 

determined that the SIP will continue to 

meet the requirements if the motor 

vehicle emissions inventories are 

replaced with MOVES2010a-based 

inventories. 

c. Applicability of MOBILE6.2-Based 

Budgets 

Upon the effective date of the 

approval of the revised budgets, the 

state’s existing MOBILE6.2-based 

budgets will no longer be applicable for 

transportation conformity purposes. 

V. What action is EPA taking? 

EPA is approving the 2009 and 2018 

submitted budgets for the CantonMassillon, Ohio 1997 ozone 

maintenance plan. 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 July 15, 2013 without further 

notice unless we receive relevant 

adverse written comments by June 14, 

2013. 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. 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 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 

July 15, 2013. 

VI. 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.); 


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Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Rules and Regulations 28501 

• 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 July 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. 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, 

Nitrogen dioxide, Ozone, Volatile 

organic compounds. 

Dated: April 30, 2013. 

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. 

■ 2. Section 52.1885 is amended by 

adding paragraph (ff)(14) to read as 

follows: 

§ 52.1885 Control Strategy: Ozone. 

* * * * * 

(ff) * * * 

(14) Approval—On December 7, 2012, 

Ohio submitted a request to revise the 

approved MOBILE6.2 motor vehicle 

emission budgets (budgets) in the 1997 

8-hour ozone maintenance plan for the 

Canton-Massillon, Ohio area. The 

budgets are being revised with budgets 

developed with the MOVES2010a 

model. The 2009 motor vehicle 

emissions budgets for the CantonMassillon, Ohio area are 19.17 tpd VOC 

and 28.36 tpd NOX. The 2018 motor 

vehicle emissions budgets for the 

Canton-Massillon, Ohio area are 9.02 

tpd VOC and 11.37 tpd NOX. 

* * * * * 

[FR Doc. 2013–11450 Filed 5–14–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0328; FRL–9811–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota; Flint Hills Resources Pine 

Bend 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving Minnesota’s 

August 29, 2011, request to revise its 

sulfur dioxide (SO2) state 

implementation plan (SIP) for Flint 

Hills Resources Pine Bend, LLC (FHR 

Pine Bend), in Dakota County. The 

facility is shutting down an incinerator 

and rerouting process gases to address a 

safety issue. The revised SIP also 

includes other emission reductions. 

This revision will result in a decrease in 

SO2 emissions. EPA published a direct 

final approval of this SIP revision 

request on January 31, 2013, but 

received an adverse comment and 

therefore withdrew the approval. EPA is 

hereby addressing the comment and 

taking final action on Minnesota’s 

August 29, 2011, submittal. 

DATES: This rule is effective June 14, 

2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification EPA–R05–OAR–2011– 

0328. All documents in these dockets 

are listed on the www.regulations.gov 

Web site. 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 U.S. 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 Mary Portanova at (312) 

353–5954 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Mary Portanova, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–5954, 

portanova.mary@epa.gov. 


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