[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Rules and Regulations]
[Pages 3711-3712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02212]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0147; FRL-9989-33-Region 5]


Air Plan Approval; Indiana; Reasonable Further Progress Plan and 
Other Plan Elements for the Chicago Nonattainment Area for the 2008 
Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Indiana State Implementation Plan (SIP) to meet the 
base year emissions inventory, reasonable further progress (RFP), RFP 
contingency measure, nonattainment new source review (nonattainment 
NSR), volatile organic compound (VOC) reasonably available control 
technology (RACT), and motor vehicle inspection and maintenance (I/M) 
requirements of the Clean Air Act (CAA) for the Indiana portion of the 
Chicago-Naperville, Illinois-Indiana-Wisconsin area (Chicago area) for 
the 2008 ozone national ambient air quality standard (NAAQS or 
standard). EPA is also approving the 2017 transportation conformity 
motor vehicle emissions budgets (MVEBs) for the Indiana portion of the 
Chicago area for the 2008 ozone NAAQS. EPA is approving the state's 
submission as a SIP revision pursuant to section 110 and part D of the 
CAA and EPA's regulations because it satisfies the emission inventory, 
RFP, RFP contingency measure, nonattainment NSR, VOC RACT, I/M, and 
transportation conformity requirements for areas classified as moderate 
nonattainment for the 2008 ozone NAAQS. This final action permanently 
stops the Federal Implementation Plan (FIP) clock triggered by EPA's 
February 3, 2017 finding that Indiana failed to submit a marginal ozone 
nonattainment NSR plan. EPA proposed to approve these provisions on 
August 28, 2018 and received public comments.

DATES: This final rule is effective March 15, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0147. All documents in the docket are listed in 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information 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 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Scientist, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What is being addressed in this document?

    This rule addresses revisions to the Indiana SIP submitted by the 
Indiana Department of Environmental Management (IDEM) on February 28, 
2017 and supplemented on January 9, 2018. EPA is approving a number of 
nonattainment plan elements included in that submission, specifically a 
revised 2011 base year emissions inventory for VOC and oxides of 
nitrogen (NOX), a 15% RFP plan, a 3% RFP contingency measure 
plan, 2017 VOC and NOX motor vehicle emissions budgets, a 
nonattainment NSR certification, a VOC RACT certification, and an 
enhanced I/M certification. The background for this action is discussed 
in detail in EPA's proposal, dated August 28, 2018 (83 FR 43825). As 
discussed in the proposal, final approval of Indiana's nonattainment 
NSR certification permanently stops the FIP clock triggered by EPA's 
February 3, 2017 finding that Indiana failed to submit a marginal ozone 
nonattainment NSR plan.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period for the August 28, 
2018, proposed rule. The comment period ended on September 27, 2018. We 
received a number of anonymous comments that address subjects outside 
the scope of our proposed action, do not explain (or provide a legal 
basis for) how the proposed action should differ in any way, and make 
no specific mention of the substantive aspects of the proposed action. 
Consequently, these comments are not germane to this rulemaking and 
require no further response. In addition, one commenter submitted 
several comments that do not suggest a change in or specific problems 
with our proposed action. Therefore, these comments also require no 
further response.

III. What action is EPA taking?

    Based on the above and the information contained in EPA's proposed 
rule, EPA is approving revisions to Indiana's SIP pursuant to section 
110 and part D of the CAA and EPA's regulations because Indiana's 
February 28, 2017 nonattainment plan submission and January 1, 2018, 
supplement satisfy the emissions inventory, RFP, RFP contingency 
measures, transportation conformity, VOC RACT, I/M, and nonattainment 
moderate area NSR requirements of the CAA for the Indiana portion of 
the Chicago area for the 2008 ozone NAAQS. Final approval of Indiana's 
SIP as meeting these nonattainment NSR requirements of the CAA for the 
2008 ozone NAAQS permanently stops the and FIP clock triggered by EPA's 
February 3, 2017 finding that Indiana failed to submit a marginal ozone 
nonattainment NSR plan.

IV. Statutory and Executive Order Reviews

    Under the CAA the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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

[[Page 3712]]

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, 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 April 15, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Volatile organic compounds.

    Dated: December 21, 2018.
James O. Payne,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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


0
2. In Sec.  52.770, the table in paragraph (e) is amended by adding an 
entry in alphabetical order for ``Lake and Porter Counties 2008 8-hour 
Ozone Moderate Planning Elements'' to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
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               Title                      Indiana date            EPA approval               Explanation
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                                                  * * * * * * *
Lake and Porter Counties 2008 8-     2/28/2017 and 1/9/2018  2/13/2019, [Insert      2011 base year emissions
 hour Ozone Moderate Planning                                 Federal Register        inventory, Reasonable
 Elements.                                                    citation].              Further Progress (RFP)
                                                                                      plan, RFP contingency
                                                                                      measure plan, 2017 VOC and
                                                                                      NOX motor vehicle
                                                                                      emissions budgets,
                                                                                      nonattainment new source
                                                                                      review certification, VOC
                                                                                      reasonable further
                                                                                      progress certification,
                                                                                      and enhanced motor vehicle
                                                                                      inspection and maintenance
                                                                                      program certification.
 
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[FR Doc. 2019-02212 Filed 2-12-19; 8:45 am]
 BILLING CODE 6560-50-P