62390 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 

EPA-APPROVED IOWA REGULATIONS—Continued 

Iowa 

citation Title 

State 

effective 

date 

EPA approval date Explanation 

*******

Chapter 31—Nonattainment Areas 

567–31.1 ........... Permit Requirements Relating to Nonattainment 

Areas.

3/15/16 9/9/16, [Insert Federal 

Register citation].

None. 

* * * * * * * 

Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant 

Deterioration (PSD) of Air Quality 

567–33.1 ........... Purpose ..................................................................... 3/15/16 9/9/16, [Insert Federal 

Register citation].

None. 

* * * * * * * 

* * * * * 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 3. The authority citation for part 70 

continues to read as follows: 

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

■ 4. Appendix A to part 70 is amended 

by adding paragraph (q) under the 

heading ‘‘Iowa’’ to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Iowa 

* * * * * 

(q) The Iowa Department of Natural 

Resources submitted for program approval a 

revision to rules 567–22.100, 567–22.101, 

567–22.103, 567–22.105, 567–22.106, 567– 

22.108, and added 567–30.4(2) on March 31, 

2016. The State effective date is March 15, 

2016. This revision to the Iowa program is 

approved effective November 8, 2016. 

* * * * * 

[FR Doc. 2016–21469 Filed 9–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2011–0698; FRL–9951–95– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Redesignation of the Indiana Portion of 

the Louisville Area to Attainment of the 

1997 Annual Standard for Fine 

Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is granting Indiana’s 

request to redesignate, under the Clean 

Air Act (CAA), the state of Indiana 

portion of the Louisville (KY-IN) 

(Madison Township in Jefferson County 

and Clark and Floyd Counties) 

nonattainment area to attainment of the 

1997 annual standard for fine 

particulate matter (PM2.5). EPA 

determined that the Louisville area has 

attained the 1997 annual standard, and 

proposed on July 11, 2013, with a 

supplemental proposal on June 23, 

2016, to approve Indiana’s request to 

redesignate the area. EPA is taking final 

action today on the proposal and 

supplemental proposal. EPA is also 

taking final action in this rulemaking on 

several related proposals. 

Along with granting the change in the 

area’s designation status, EPA is also 

approving Indiana’s PM2.5 maintenance 

plan for the Louisville area as a revision 

to the Indiana state implementation 

plan (SIP) as meeting the requirements 

of section 175A of the CAA. EPA is 

approving the 2008 emissions inventory 

for primary PM2.5, nitrogen oxides 

(NOX), sulfur dioxide (SO2), volatile 

organic compounds (VOC) and 

ammonia as satisfying the requirement 

of the CAA for a comprehensive, current 

emission inventory. Finally, EPA finds 

adequate and is approving 2015 and 

2025 primary PM2.5 and NOX motor 

vehicle emissions budgets (MVEBs) for 

the Louisville area. These MVEBs will 

be used in future transportation 

conformity analyses for the area. These 

actions were proposed for approval in 

EPA’s initial action on July 11, 2013. 

EPA received no comments in response 

to the above proposals. 

DATES: This final rule is effective on 

September 9, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2011–0698. 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, is not placed on 

the Internet and will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either through www.regulations.gov or 

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 Carolyn Persoon at (312) 

353–8290 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Persoon, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5,77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8290, 

persoon.carolyn@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 the actions? 

II. What actions is EPA taking? 

III. What is EPA’s response to comments? 

IV. Why is EPA taking these actions? 

V. Final Action 

VI. Statutory and Executive Order Reviews 


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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 62391 

I. What is the background for the 

actions? 

On June 16, 2011, the Indiana 

Department of Environmental 

Management (IDEM) submitted its 

request to redesignate the Indiana 

portion of the Louisville nonattainment 

area to attainment for the 1997 annual 

PM2.5 NAAQS, and for EPA approval of 

the state’s SIP revision containing a 

maintenance plan for the area. On July 

11, 2013, (78 FR 41735), EPA proposed 

to grant Indiana’s redesignation request 

and its plan for maintaining the 1997 

annual PM2.5 NAAQS. EPA also 

proposed approval of Indiana’s MVEBs 

for PM2.5 and NOX for 2025 for the area. 

EPA also proposed the 2008 emissions 

inventory for primary PM2.5, NOX, SO2, 

VOC and ammonia as satisfying the 

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

CAA for a comprehensive, current 

emission inventory. Additional 

background for this action is set forth in 

EPA’s July 11, 2013 (78 FR 41735), 

proposed rulemaking. EPA published a 

supplement to its July 11, 2013, 

proposed rulemaking on June 23, 2016 

(81 FR 40834). The supplement was 

based on valid design values for the 

2013–2015 period, demonstrating 

attainment of the standard for the entire 

Louisville area using the most recent 

three years of data. Previous data from 

2012 and beginning of 2013 had been 

invalidated through a technical systems 

audit, which is described in the 

supplemental proposal. 

II. What actions is EPA taking? 

EPA has determined that the entire 

Louisville area is attaining the 1997 

annual PM2.5 standards (81 FR 40834) 

and that the Indiana portion of the 

Louisville area has met the requirements 

for redesignation under section 

107(d)(3)(E) of the CAA. Thus, EPA is 

granting the request from the state of 

Indiana to change the legal designation 

of the Indiana portion of the Louisville 

area from nonattainment to attainment 

for the 1997 annual PM2.5 NAAQS. EPA 

is also taking several additional actions 

related to Indiana’s PM2.5 redesignation 

request, as discussed below. 

EPA is approving the 2008 emissions 

inventory for primary PM2.5, NOX, SO2, 

VOC and ammonia as satisfying the 

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

CAA for a comprehensive, current 

emission inventory. 

EPA is approving Indiana’s PM2.5

maintenance plan for the Indiana 

portion of the Louisville area as a 

revision to the Indiana SIP (such 

approval being one of the CAA criteria 

for redesignation to attainment status). 

The maintenance plan is designed to 

keep the Louisville area in attainment of 

the 1997 annual PM2.5 NAAQS through 

2026. 

EPA also finds adequate and is 

approving Indiana’s 2025 primary PM2.5

and NOX MVEBs for the Louisville area. 

These MVEBs will be used in future 

transportation conformity analyses for 

the area. 

III. What is EPA’s response to 

comments? 

EPA received no comments on either 

its proposed or supplemental 

rulemaking. 

IV. Why is EPA taking these actions? 

EPA has determined that the 

Louisville area has attained the 1997 

annual PM2.5 NAAQS. EPA has also 

determined that all other criteria have 

been met for the redesignation of the 

Indiana portion of the Louisville area 

from nonattainment to attainment of the 

1997 annual PM2.5 NAAQS and for 

approval of Indiana’s maintenance plan 

for the area. See CAA sections 

107(d)(3)(E) and 175A. EPA is also 

approving the 2008 emissions inventory 

for primary PM2.5, NOX, SO2, VOC and 

ammonia as satisfying the requirement 

in section 172(c)(3) of the CAA for a 

comprehensive, current emission 

inventory. The detailed rationale for 

EPA’s findings and actions is set forth 

in the proposed rule on July 11, 2013, 

and a supplemental proposal on June 

23, 2016. 

V. Final Action 

EPA is determining that the Indiana 

portion of the Louisville area has 

attained the standards and that the area 

meets the requirements for 

redesignation to attainment of that 

standard under sections 107(d)(3)(E) 

and 175A of the CAA. Thus, EPA is 

granting the request from Indiana to 

change the legal designation of the 

Indiana portion of the Louisville area 

from nonattainment to attainment for 

the 1997 annual PM2.5 NAAQS. EPA is 

also approving Indiana’s 1997 annual 

PM2.5 maintenance plan for the Indiana 

portion of the Louisville area as a 

revision to the SIP because the plan 

meets the requirements of section 175A 

of the CAA. EPA is approving the 2008 

emissions inventory for primary PM2.5, 

NOX, SO2, VOC and ammonia as 

satisfying the requirement in section 

172(c)(3) of the CAA for a 

comprehensive, current emission 

inventory. Finally, EPA finds adequate 

and is approving Indiana’s 2025 primary 

PM2.5 and NOX MVEBs for the Indiana 

portion of the Louisville area. These 

MVEBs will be used in future 

transportation conformity analyses for 

the area after the effective date for the 

adequacy finding and approval. 

In accordance with 5 U.S.C. 553(d), 

EPA finds there is good cause for this 

action to become effective immediately 

upon publication. This is because a 

delayed effective date is unnecessary 

due to the nature of a redesignation to 

attainment, which relieves the area from 

certain CAA requirements that would 

otherwise apply to it. The immediate 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which provides that 

rulemaking actions may become 

effective less than 30 days after 

publication if the rule grants or 

recognizes an exemption or relieves a 

restriction, and section 553(d)(3), which 

allows an effective date less than 30 

days after publication as otherwise 

provided by the agency for good cause 

found and published with the rule. The 

purpose of the 30-day waiting period 

prescribed in section 553(d) is to give 

affected parties a reasonable time to 

adjust their behavior and prepare before 

the final rule takes effect. This rule, 

however, does not create any new 

regulatory requirements such that 

affected parties would need time to 

prepare before the rule takes effect. 

Rather, this rule relieves Indiana of 

various requirements for the Indiana 

portion of the Louisville area. For these 

reasons, EPA finds good cause under 5 

U.S.C. 553(d)(3) for this action to 

become effective on the date of 

publication of this action. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of the 

maintenance plan under CAA section 

107(d)(3)(E) are actions that affect the 

status of geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

required by state law. A redesignation to 

attainment does not in and of itself 

impose any new requirements, but 

rather results in the application 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, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 


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62392 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 

those imposed by state law. For these 

reasons, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 November 8, 2016. 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: August 26, 2016. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

40 CFR parts 52 and 81 are 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. In § 52.770, the table in paragraph 

(e) is amended by adding an entry for 

‘‘Louisville 1997 Annual PM2.5

Maintenance Plan’’ in alphabetical order 

to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title Indiana date EPA approval Explanation 

*******

Louisville 1997 Annual PM2.5 Maintenance Plan.6/16/2011 9/9/2016, [insert Federal Register citation].

* * * * * * * 

■ 3. Section 52.776 is amended by 

adding paragraphs (v)(6) and (w)(5) to 

read as follows: 

§ 52.776 Control strategy: Particulate 

matter. 

* * * * * 

(v) * * * 

(6) Approval—The 1997 annual PM2.5

maintenance plan for the Indiana 

portion of the Louisville (KY-IN) 

(Madison Township, Jefferson County 

and Clark and Floyd Counties), has been 

approved as submitted on June 16, 2011. 

The maintenance plan establishes 2025 

motor vehicle emissions budgets for the 

Louisville area to be 324.04 tpy for 

primary PM2.5 and 9,311.76 tpy for NOX. 

(w) * * * 

(5) Indiana’s 2008 NOX, directly 

emitted PM2.5, SO2, VOC, and ammonia 

emissions inventory satisfies the 

emission inventory requirements of 

section 172(c)(3) for the Louisville area. 

* * * * * 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 4. The authority citation for part 81 

continues to read as follows: 

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

■ 5. Section 81.315 is amended by 

revising the entry for ‘‘Louisville, KYIN’’ in the table entitled ‘‘Indiana—1997 

Annual PM2.5 NAAQS [Primary and 

secondary]’’ to read as follows: 


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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 62393 

§ 81.315 Indiana. 

* * * * * 

INDIANA—1997 ANNUAL PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

*******

Louisville, KY-IN .............................................................................................. 9/9/2016 Attainment ..... ........................ Moderate. 

Clark County.

Floyd County.

Jefferson County (part) Madison Township.

* * * * * * * 

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

1This date is 90 days after January 5, 2005, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

[FR Doc. 2016–21457 Filed 9–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R03–OAR–2014–0568; FRL–9950–98– 

Region 3] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Maryland 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve an update to a portion 

of the Outer Continental Shelf (OCS) Air 

Regulations for Maryland. Requirements 

applying to OCS sources located within 

25 miles of states’ seaward boundaries 

must be updated periodically to remain 

consistent with the requirements of the 

corresponding onshore area (COA), as 

mandated by the Clean Air Act, as 

amended in 1990 (CAA or the Act). The 

portion of the OCS air regulations that 

is being updated pertains to the 

requirements for OCS sources for which 

Maryland is the designated COA. The 

intended effect of approving the OCS 

requirements for the Maryland 

Department of the Environment is to 

regulate emissions from OCS sources in 

accordance with the requirements for 

onshore sources. 

DATES: This rule is effective on 

November 8, 2016 without further 

notice, unless EPA receives adverse 

written comment by October 11, 2016. 

If EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. The incorporation by 

reference of certain publications listed 

in the rule is approved by the Director 

of the Federal Register as of November 

8, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2014–0568 at http://

www.regulations.gov, or via email to 

campbell.dave@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, (215) 814–2117, or by 

email at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 4, 1992, EPA 

promulgated 40 CFR part 55 which 

established requirements to control air 

pollution from OCS sources in order to 

attain and maintain federal and state 

ambient air quality standards and to 

comply with the provisions of part C of 

title I of the CAA. Forty CFR part 55 

applies to all OCS sources offshore of 

the states except those locations in the 

Gulf of Mexico west of 87.5 degrees 

longitude. Section 328 of the CAA 

requires that for such source locations 

within 25 miles of a state’s seaward 

boundary, the requirements shall be the 

same as would be applicable if the 

source were located in the COA. 

Because the OCS requirements are based 

on onshore requirements, and onshore 

requirements may change, section 

328(a)(1) requires that EPA update the 

OCS requirements as necessary to 

maintain consistency with onshore 

requirements. 

Pursuant to 40 CFR 55.12 of the OCS 

rule, consistency reviews will occur: (1) 

At least annually; (2) upon receipt of a 

Notice of Intent under 40 CFR 55.4; or, 

(3) when a state or local agency submits 

a rule to EPA to be considered for 

incorporation by reference in 40 CFR 

part 55. This action is being taken in 

response to requirements submitted by 

Maryland on May 6, 2016. Section 

328(a) of the Act requires that EPA 

establish requirements to control air 

pollution from OCS sources located 

within 25 miles of states’ seaward 

boundaries that are the same as the 

corresponding onshore requirements. To 

comply with this statutory mandate, 

EPA must incorporate applicable 

onshore rules into 40 CFR part 55 as 

they exist for onshore sources. This 


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