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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 Captainof 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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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 Inventoriesb. 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-basedbudgets 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 (NO X). 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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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 onMOVES2010a 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 NO X 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 includepoint, 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 NO X for the years 2009 and 2018, a 15% safety margin has been applied to reach the values shown.



### TABLE 

### 1—TOTAL 

### VOC E MISSIONS 

### W ITH 

### MOVES2010A 

### M OBILE 

### E MISSIONS IN 

### C ANTON 

### -M ASSILLON 

### , O HIO [Tons per day]

Sector 2004 Attainment 2009 Interim 2018 Maintenance Combined emissions reduction (2004–2018)

Point ................................................................................................................. 2.97 3.143.77 ........................ 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 

### NO X 

### E MISSIONS 

### W ITH 

### MOVES2010A 

### M OBILE 

### E MISSIONS IN 

### C ANTON 

### -M ASSILLON 

### , O HIO [Tons per day]

Sector 2004 Attainment 2009 Interim 2018 Maintenance Combined emissions reduction (2004–2018)

Point ................................................................................................................. 4.85 4.164.72 ........................ 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 NO X 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 NO X 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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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 andcontrol 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—M OTOR 

### V EHICLE 

### E MISSION 

### B UDGETS 

### (MOVES) FOR THE 

### C ANTON 

### -M ASSILLON 

### 1997 O ZONE 

### A REA 

### (S TARK 

### C OUNTY 

### , O HIO 

### ) IN TONS PER DAY

Year 2009 2018

VOC ............................................................................................................................ ............................................. 19.17 9.02 NO X

............................................................................................................................... ........................................... 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 andcontrol 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 2018submitted 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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• 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 vehicleemissions budgets for the CantonMassillon, Ohio area are 19.17 tpd VOC and 28.36 tpd NO X . The 2018 motor vehicle emissions budgets for the Canton-Massillon, Ohio area are 9.02 tpd VOC and 11.37 tpd NO X . * * * * * [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 (SO 2 ) 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 SO 2 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

.