[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.
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(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]
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