[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Rules and Regulations]
[Pages 68050-68052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26792]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0734; FRL-10003-02-Region 5]


Air Plan Approval; Indiana; Indiana RACT SIP and Negative 
Declaration for the Oil and Natural Gas Industry Control Techniques 
Guidelines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
``Negative Declaration'' for the State of Indiana regarding the Control 
Techniques Guideline (CTG) for the Oil and Gas Industry issued by EPA 
on October 20, 2016. Indiana has evaluated areas for which the Oil and 
Natural Gas Industry CTG must be applied under the 2008 ozone National 
Ambient Air Quality Standard (NAAQS). These areas include Lake and 
Porter counties, which are part of the Chicago-Naperville, IL-IN-WI 
Moderate nonattainment area for the 2008 ozone NAAQS. Therefore, 
reasonably available control technology (RACT) requirements would be 
applicable for sources covered by the Oil and Natural Gas Industry CTG 
in Lake and Porter counties. The Indiana Department of Environmental 
Management (IDEM) did not find any covered sources in Lake and Porter 
counties. Approval of this Negative Declaration supports EPA's February 
13, 2019 approval of Indiana's volatile organic compounds (VOC) RACT 
Certification for Lake and Porter Counties. EPA proposed to approve 
this ``Negative Declaration'' on June 26, 2019 and received one set of 
comments.

DATES: This final rule is effective January 13, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0734. All documents in the docket are listed in 
the http://www.regulations.gov website.

[[Page 68051]]

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 at 
the EPA Region 5 office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section for availability information).

FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6832, 
[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 being addressed in this document?
II. What comments did we receive on the proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    In this action, EPA is approving a ``Negative Declaration'' for 
Lake and Porter Counties in Indiana regarding the CTG for the Oil and 
Gas Industry issued by EPA on October 20, 2016. As discussed more fully 
in the June 26, 2019 proposed approval (84 FR 30066), IDEM has 
adequately documented that there are no sources in Lake and Porter 
Counties to which the Oil and Gas CTG is applicable.

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

    EPA received both supportive and adverse comments from one 
commenter. The adverse comments are addressed below.
    (1) Comment--``Looking at Indiana's analysis of all its resources 
in Lake and Porter Counties coming directly from the department of Oil 
and Natural Gas Industry which is experienced in its analysis and has a 
niche in Indiana. However, I also feel that the report that has been 
provided may have been biased based on additional cost needed to be 
spent on RACT related activities.''
    EPA Response--As stated in the proposal, Indiana searched its own 
oil and gas well records and air permits and, therefore, did not rely 
exclusively on the Indiana Department of Natural Resources' (IDNR) 
Division of Oil and Gas.
    (2) Comment--``The report that the IDNR released mentions that they 
did this based on the database and not based on actual research 
performed by them. I would like to question how often their data base 
is updated and the sample size they have mentioned consisting of just 3 
places seems like a small amount in proportion to the 2 counties.''
    EPA Response--The IDNR administers Indiana's oil and gas statutes 
and regulates petroleum exploration and production operations in 
Indiana. Its analysis should provide a very sound basis for an accurate 
database. The sample size did not consist of just three places. Rather, 
three facilities were selected for further evaluation based upon their 
industry codes and descriptions.
    (3) Comment--``EPA's proposal looks pretty dated and has been based 
on ozone rules back from 2016 and currently there have been so many 
changes that it is bound to be outdated and not effective, I think the 
EPA should release another updated rule to judge the negative 
declaration areas.''
    EPA Response--The Oil and Gas CTG is, in fact, EPA's newest CTG and 
there is no indication that it is outdated. More importantly, Indiana's 
determination that there are no applicable sources is current.
    (4) Comment--``The Bulk petroleum facilities which were 
investigated although not part of Lake and Porter County does exist and 
the report by the Indiana Department of Natural Resources did not 
provide much information as to what their findings were.''
    EPA Response--This comment is not relevant because the negative 
declaration is only for Lake and Porter Counties.

III. What action is EPA taking?

    EPA is approving Indiana's Negative Declaration for the Oil and Gas 
CTG. Indiana has adequately documented that it has no sources in Lake 
and Porter Counties to which the Oil and Gas CTG would be applicable. 
Approval of this Negative Declaration also supports EPA's February 13, 
2019 approval of Indiana's VOC RACT Certification for Lake and Porter 
Counties.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA) the Administrator is required to 
approve a State Implementation Plan (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 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).

[[Page 68052]]

    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 February 11, 2020. 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: December 2, 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 ``Lake and Porter Counties 2008 8-hour Ozone Moderate 
Planning Elements'' and adding an entry for ``Lake and Porter Counties 
2008 8-hour Ozone Negative Declaration'' immediately following the 
entry ``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, 1/9/2018,    12/13/2019, [insert     2011 base year emissions
 hour Ozone Moderate Planning         and 10/25/2018.         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
                                                                                      RACT Certification, and
                                                                                      enhanced motor vehicle
                                                                                      inspection and maintenance
                                                                                      program certification.
Lake and Porter Counties 2008 8-     10/25/2018............  12/13/2019, [insert     Includes: Fiberglass Boat
 hour Ozone Negative Declarations.                            Federal Register        Manufacturing Materials
                                                              citation].              CTG and Oil and Gas
                                                                                      Industry CTG.
 
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[FR Doc. 2019-26792 Filed 12-12-19; 8:45 am]
 BILLING CODE 6560-50-P