[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Rules and Regulations]
[Pages 53601-53602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21552]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0343; FRL-10000-66-Region 5]
Air Plan Approval; Indiana; Infrastructure SIP Requirements for
the 2012 PM2.5 NAAQS; Interstate Transport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of a State Implementation Plan (SIP) submission from Indiana
regarding the infrastructure requirements of section 110 of the Clean
Air Act (CAA) for the 2012 annual fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS). The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA. This action
pertains specifically to infrastructure requirements concerning
interstate transport provisions. EPA did not receive any adverse
comments in response to its July 30, 2019 proposal to approve this
submission.
DATES: This final rule is effective on November 7, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0343. All documents in the docket are listed on
the www.regulations.gov website. 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.
FOR FURTHER INFORMATION CONTACT: Samantha Panock, 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) 353-8973,
[email protected].
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 this action?
II. What comments did we receive on the proposed action?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
On June 10, 2016, the Indiana Department of Environmental
Management (IDEM) submitted a request for EPA to approve its
infrastructure SIP for the 2012 annual PM2.5 NAAQS. The June
10, 2016 IDEM submittal included a technical analysis of its interstate
transport of pollution relative to the 2012 PM2.5 NAAQS that
demonstrates that current controls are adequate for Indiana to show
that it meets prongs one and two of the ``good neighbor'' provision \1\
under CAA section 110(a)(2)(D)(i). On July 30, 2019 (84 FR 36848), EPA
proposed to approve the portion of the submission dealing with those
requirements.
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\1\ There are four prongs to the Section 110(a)(2)(D)(i) ``good
neighbor'' provision, which are: Prohibit any source or other type
of emissions activity in one state from contributing significantly
to nonattainment of the NAAQS in another state (prong one); prohibit
any source or other type of emissions activity in one state from
interfering with maintenance of the NAAQS in another state (prong
two); prohibit any source or other type of emissions activity in one
state from interfering with measures required to prevent significant
deterioration (PSD) of air quality in another state (prong three);
and protect visibility in another state (prong four).
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II. What comments did we receive on the proposed action?
Our July 30, 2019 proposed rule provided a 30-day review and
comment period. The comment period closed on August 29, 2019. EPA did
not receive any comments.
III. What action is EPA taking?
In this action, EPA is approving the portion of Indiana's June 10,
2016, submission certifying that the current Indiana SIP is sufficient
to meet the required infrastructure requirements under CAA section
110(a)(2)(D)(i), specifically prongs one and two of the ``good
neighbor'' provisions, with respect to the 2012 PM2.5 NAAQS.
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
[[Page 53602]]
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 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 (Public Law 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 December 9, 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: September 19, 2019.
Cathy Stepp,
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 revising
the entry for ``Section 110(a)(2) infrastructure requirements for the
2012 PM2.5 NAAQS'' 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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Section 110(a)(2) infrastructure 6/10/2016 and 12/28/ 10/8/2019, [Insert Fully approved for all CAA
requirements for the 2012 PM2.5 2016. Federal Register elements except the
NAAQS. citation]. visibility protection
requirements of
(D)(i)(II).
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[FR Doc. 2019-21552 Filed 10-7-19; 8:45 am]
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