Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 41527 

1CAA section 175A(a) establishes the 

requirements that must be fulfilled by 

Continued 

a subsequent final action based upon 

the proposed rule also published on July 

3, 2017 (82 FR 30815). EPA will not 

institute a second comment period on 

this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 10, 2017. 

Deborah A. Szaro, 

Acting Regional Administrator, EPA New 

England. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ Accordingly, the amendments to 40 

CFR 52.2070 published in the Federal 

Register on July 3, 2017 (82 FR 30747) 

on page 30749 are withdrawn effective 

September 1, 2017. 

[FR Doc. 2017–18618 Filed 8–31–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2016–0513; FRL–9967–17– 

Region 5] 

Air Plan Approval; Indiana; 

Redesignation of the Indiana Portion of 

the Cincinnati-Hamilton, OH-IN-KY 

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 redesignating the 

Indiana portion of the CincinnatiHamilton, OH-IN-KY, nonattainment 

area (hereafter, ‘‘the CincinnatiHamilton area’’) to attainment for the 

1997 fine particulate matter (PM2.5) 

annual national ambient air quality 

standard (NAAQS or standard). The 

Indiana portion of the CincinnatiHamilton area includes Lawrenceburg 

Township within Dearborn County. 

Because EPA has determined that the 

Cincinnati-Hamilton area is attaining 

this annual PM2.5 standard, EPA is 

redesignating the area to attainment and 

also approving several additional 

related actions. First, EPA is approving 

an update to the Indiana State 

implementation plan (SIP) by updating 

the state’s approved plan for 

maintaining the 1997 annual PM2.5

NAAQS through 2027. In addition, EPA 

previously approved the base year 

emissions inventory for the CincinnatiHamilton area, and is approving 

Indiana’s updated emissions inventory 

which includes emissions inventories 

for volatile organic compounds (VOCs) 

and ammonia. Indiana’s approved 

maintenance plan submission also 

includes a budget for the mobile source 

contribution of PM2.5 and nitrogen 

oxides (NOX) to the CincinnatiHamilton area for transportation 

conformity purposes, which EPA is 

approving. EPA is taking these actions 

in accordance with the Clean Air Act 

(CAA) and EPA’s implementation rule 

regarding the 1997 PM2.5 NAAQS. 

DATES: This final rule is effective 

September 1, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2016–0513. 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 through 

www.regulations.gov or 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 Michelle 

Becker, Life Scientist, at (312) 886–3901 

before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Becker, Life Scientist, 

Attainment Planning and Maintenance 

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

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–3901, 

becker.michelle@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. Background 

II. What action is EPA taking? 

III. Statutory and Executive Order Reviews 

I. Background 

On August 19, 2016, Indiana 

submitted a request to EPA to 

redesignate the Cincinnati-Hamilton 

area to attainment for the 1997 PM2.5

annual standard, and to approve 

updates to the maintenance plan for the 

area. In an action published on June 22, 

2017 (82 FR 28435), EPA proposed to 

redesignate the area and approve several 

actions related to the redesignation (82 

FR 28435). Additional background and 

details regarding this final action can be 

found in the June 22, 2017, proposed 

rule. The comment period for this 

proposed rulemaking closed on July 24, 

2017. No comments were received for 

this proposed rule. 

II. What action is EPA taking? 

EPA is taking several actions related 

to redesignation of the CincinnatiHamilton area to attainment for the 1997 

annual PM2.5 NAAQS. 

EPA has previously approved 

Indiana’s PM2.5 maintenance plan and 

motor vehicle emissions budgets for the 

Cincinnati-Hamilton area. EPA has 

determined that this plan and budgets 

are still applicable. 

EPA has previously approved the 

2005 primary PM2.5, NOX, and sulfur 

dioxide (SO2) base year emissions 

inventory. EPA is approving Indiana’s 

updated emissions inventory which 

includes emissions inventories for VOCs 

and ammonia from 2007. EPA has 

determined that Indiana meets the 

emissions inventory requirement under 

section 107(d)(3)(E)(iii). 

In The Fine Particulate Matter 

National Ambient Air Quality 

Standards: State Implementation Plan 

Requirements final rule (final PM2.5 SIP 

requirements rule), EPA revoked the 

1997 primary annual PM2.5 NAAQS in 

areas that had always been attainment 

for that NAAQS, and in areas that had 

been designated as nonattainment but 

that were redesignated to attainment 

before October 24, 2016, the rule’s 

effective date. See 81 FR 58010, August 

24, 2016. EPA also finalized a provision 

that revokes the 1997 primary annual 

PM2.5 NAAQS in areas that are 

redesignated to attainment for that 

NAAQS after October 24, 2016, effective 

on the effective date of the redesignation 

of the area to attainment for that 

NAAQS. See 40 CFR 50.13(d). 

EPA is redesignating the Indiana 

portion of the Cincinnati-Hamilton area 

to attainment for the 1997 annual PM2.5

NAAQS and approving the CAA section 

175A maintenance plan for the 1997 

primary annual PM2.5 NAAQS for the 

reasons described elsewhere in the 

January 4, 2017, proposed action.1 The 


sradovich on DSK3GMQ082PROD with RULES
41528 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 

nonattainment areas in order to be redesignated to 

attainment. That section only requires that 

nonattainment areas for the primary standard 

submit a plan addressing maintenance of the 

primary NAAQS in order to be redesignated to 

attainment; it does not require nonattainment areas 

for secondary NAAQS to submit maintenance plans 

in order to be redesignated to attainment. (See 42 

U.S.C. 7505a(a).) 

1997 primary annual PM2.5 NAAQS will 

be revoked in the area on the effective 

date of this redesignation. Beginning on 

that date, the area will no longer be 

subject to transportation or general 

conformity requirements for the 1997 

annual PM2.5 NAAQS due to the 

revocation of the primary NAAQS. See 

81 FR 58125, August 24, 2016. The area 

will be required to implement the CAA 

section 175A maintenance plan for the 

1997 primary annual PM2.5 NAAQS and 

the Prevention of Significant 

Deterioration (PSD) program for the 

1997 annual PM2.5 NAAQS. Once 

approved, the maintenance plan could 

only be revised if the revision meets the 

requirements of CAA section 110(l) and, 

if applicable, CAA section 193. The area 

would not be required to submit a 

second 10-year maintenance plan for the 

1997 primary annual PM2.5 NAAQS. See 

81 FR 58144, August 24, 2016. 

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

EPA finds there is good cause for these 

actions 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 

rulemaking, however, does not create 

any new regulatory requirements such 

that affected parties would need time to 

prepare before the rule takes effect. 

Rather, today’s rule relieves the state of 

planning requirements for this PM2.5

nonattainment area. For these reasons, 

EPA finds good cause under 5 U.S.C. 

553(d)(3) for these actions to become 

effective on the date of publication of 

these actions. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

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

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, 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 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 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, 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because 

redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on tribes, impact any 

existing sources of air pollution on 

tribal lands, nor impair the maintenance 

of ozone national ambient air quality 

standards in tribal lands. 

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 October 31, 2017. 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. 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 41529 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: August 21, 2017. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

40 CFR part 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. 

Subpart P—Indiana 

■ 2. Section 52.776 is amended by 

revising paragraph (w)(3) to read as 

follows: 

§ 52.776 Control strategy: Particulate 

matter. 

* * * * * 

(w) * * * 

(3) Indiana’s 2005 NOX, directly 

emitted PM2.5, and SO2 emissions 

inventory; and 2007 VOCs and ammonia 

emissions inventory, satisfy the 

emissions inventory requirements of 

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

* * * * * 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. Section 81.315 is amended by 

revising the entry for CincinnatiHamilton, IN in the table entitled 

‘‘Indiana—1997 Annual PM2.5 NAAQS’’ 

to read as follows: 

§ 81.315 Indiana. 

* * * * * 

INDIANA—1997 ANNUAL PM2.5 NAAQS 

[Primary and Secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

*******

Cincinnati-Hamilton, IN: 

Dearborn County (part): Lawrenceburg Township ........... September 1, 2017 ................ Attainment ..... ........................ ........................

* * * * * * * 

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. 2017–18498 Filed 8–31–17; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[WT Docket No. 15–180; DA 16–900] 

First Amendment to Collocation 

Agreement 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Wireless Telecommunications Bureau 

(WTB or Bureau) of the Federal 

Communications Commission (FCC or 

Commission) announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, 

certain information collection 

requirements associated with 

Stipulation VII.C of the amendment to 

Appendix B in part 1 of the 

Commission’s rules. This notice is 

consistent with the final rule notice 

published in the Federal Register on 

August 29, 2016, announcing the First 

Amendment to the Collocation 

Agreement amending the Nationwide 

Programmatic Agreement for the 

Collocation of Wireless Antennas 

(Collocation Agreement), which stated 

that the Commission would publish a 

document in the Federal Register 

announcing OMB approval and the 

effective date of the new information 

collection requirements. 

DATES: 47 CFR part 1, Appendix B, 

Stipulation VII.C, published at 81 FR 

59146, August 29, 2016, is effective on 

September 1, 2017. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, contact Cathy 

Williams by email at Cathy.Williams@

fcc.gov and telephone at (202) 418– 

2918. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on July 14, 

2017, OMB approved certain 

information collection requirements 

contained in the Commission’s First 

Amendment to the Collocation 

Agreement, DA 16–900, published at 81 

FR 59146, August 29, 2016. The OMB 

Control Number is 3060–1238. The 

Commission publishes this notice as an 

announcement of the effective date of 

these information collection 

requirements. 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the Commission is notifying the public 

that it received OMB approval on July 

14, 2017, for the new information 

collection requirements contained in the 

Commission’s rules at 47 CFR part 1, 

Appendix B, Stipulation VII.C. Under 5 

CFR part 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. No person 

shall be subject to any penalty for failing 

to comply with a collection of 

information subject to the Paperwork 

Reduction Act that does not display a 

current, valid OMB Control Number. 

The OMB Control Number is 3060– 

1238. The foregoing notice is required 

by the Paperwork Reduction Act of 

1995, Public Law 104–13, October 1, 

1995, and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–1238. 

OMB Approval Date: July 14, 2017. 

OMB Expiration Date: July 31, 2020. 


sradovich on DSK3GMQ082PROD with RULES