[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Rules and Regulations]
[Pages 39750-39752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14202]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2021-0054; EPA-R05-OAR-2022-0254; FRL-9686-02-Region 5]


Air Plan Approval; Indiana; Redesignation of the Indiana Portion 
of the Louisville, Indiana-Kentucky Area to Attainment of the 2015 
Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) finds that the 
Indiana portion of the Louisville, Indiana-Kentucky area (Area) is 
attaining the 2015 primary and secondary ozone National Ambient Air 
Quality Standards (NAAQS), and acts in accordance with a request from 
the Indiana Department of Environmental Management (IDEM) to 
redesignate the Indiana portion of the area to attainment for the 2015 
ozone NAAQS because the request meets the statutory requirements for 
redesignation under the Clean Air Act (CAA). The Area includes Clark 
and Floyd Counties in Indiana and Bullitt, Jefferson, and Oldham 
Counties in Kentucky. IDEM submitted this request on February 21, 2022. 
EPA is approving, as a revision to the Indiana State Implementation 
Plan (SIP), the State's plan for maintaining the 2015 ozone NAAQS 
through 2035 in the Indiana portion of the Louisville area. EPA also 
finds adequate and is approving Indiana's 2035 volatile organic 
compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle 
Emission Budgets (budgets) for the Indiana portion of the Louisville 
area. Finally, EPA is approving portions of a separate January 21, 
2021, submittal from IDEM as meeting the applicable requirements for a 
base year emissions inventory for the area and emissions statement 
program for Lake, Porter, Clary, and Floyd counties. EPA proposed to 
approve these actions on May 18, 2022, and received no adverse 
comments.

DATES: This final rule is effective on July 5, 2022.

ADDRESSES: EPA has established dockets for this action under Docket ID 
EPA-R05-OAR-2020-0054, or EPA-R05-OAR-2022-0254. 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 and facility closures due to COVID-19. We recommend 
that you telephone Andrew Lee, Physical Scientist, at (312) 353-7645 
before visiting the Region 5 office.

[[Page 39751]]


FOR FURTHER INFORMATION CONTACT: Andrew Lee, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-7645, 
[email protected].

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

I. Background Information

    On May 18, 2022 (87 FR 30129), EPA proposed to approve the 2015 
Ozone NAAQS redesignation and maintenance plan for the Indiana portion 
of the Louisville area and IDEM's 2035 VOC and NOX motor 
vehicle emission budgets for the Indiana portion of the Louisville 
area. EPA also proposed to approve IDEM's emission inventory for the 
Indiana portion of the Louisville area under the 2015 Ozone NAAQS, and 
IDEM's emission statement certification for the 2015 ozone standard. An 
explanation of the CAA requirements, a detailed analysis of the 
revisions, and EPA's reasons for proposing approval were provided in 
the notice of proposed rulemaking and will not be restated here. The 
public comment period for this proposed rule ended on June 17, 2022. 
EPA received no comments on the proposal. We are finalizing our action 
as proposed.

II. Final Action

    EPA finds that the Indiana portion of the Area is attaining the 
2015 ozone NAAQS based on quality-assured and certified monitoring data 
for 2019-2021 and that the Area has met the requirements for 
redesignation under section 107(d)(3)(E) of the CAA. EPA is thus 
approving a change in the legal designation of the Indiana portion of 
the Area from nonattainment to attainment for the 2015 ozone NAAQS. EPA 
is also approving, as a revision to the Indiana SIP, the State's 
maintenance plan for the Area. The maintenance plan is designed to keep 
the Indiana portion of the Area in attainment of the 2015 ozone NAAQS 
through 2035. EPA also finds adequate and is approving the 2035 VOC and 
NOX motor vehicle emission budgets for the Indiana portion 
of the Area. EPA is further approving the base year emissions 
inventories for the Indiana portion of the Area under the 2015 ozone 
NAAQS. Finally, we are confirming that Indiana has acceptable and 
enforceable annual emission statement regulations that require all 
facilities located in Lake, Porter, Clark, and Floyd Counties that emit 
greater than or equal to 25 tons/year of NOX or VOC during 
the reporting year to submit annual emissions statements.
    In accordance with 5 U.S.C. 553(d) of the Administrative Procedure 
Act (APA), EPA finds there is good cause for this action to become 
effective immediately upon publication. The immediate effective date 
for this action is authorized under 5 U.S.C. 553(d)(1).
    Section 553(d)(1) of the APA provides that final rules shall not 
become effective until 30 days after publication in the Federal 
Register ``except . . . a substantive rule which grants or recognizes 
an exemption or relieves a restriction.'' The purpose of this provision 
is to ``give affected parties a reasonable time to adjust their 
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed. 
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United 
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting 
legislative history). However, when the agency grants or recognizes an 
exemption or relieves a restriction, affected parties do not need a 
reasonable time to adjust because the effect is not adverse. EPA has 
determined that this rule relieves a restriction because this rule 
relieves sources in the area of Nonattainment New Source Review (NNSR) 
permitting requirements; instead, upon the effective date of this 
action, sources will be subject to less restrictive Prevention of 
Significant Deterioration (PSD) permitting requirements. For this 
reason, EPA finds good cause under 5 U.S.C. 553(d)(1) for this action 
to become effective on the date of publication of this action.

III. 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);
     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).
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 September 6, 2022. 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).)

[[Page 39752]]

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: June 28, 2022.
Cheryl Newton,
Deputy Regional Administrator, Region 5.

    For the reasons stated in the preamble, 40 CFR parts 52 and 81 are 
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 
entries for ``Clark and Floyd Counties 2015 8-hour Ozone Emission 
Inventory,'' ``Lake, Porter, Clark, and Floyd Counties 2015 8-hour 
Ozone Emission Statement'' and ``Clark and Floyd Counties 2015 8-hour 
Ozone Maintenance Plan'' immediately following the entry for ``Lake and 
Porter Counties 2008 8-hour Ozone Maintenance Plan'' to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
               Title                  Indiana date           EPA approval                   Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Clark and Floyd Counties 2015 8-          1/21/2021  7/5/2022, [INSERT Federal    ..............................
 hour Ozone Emission Inventory.                       Register CITATION].
Lake, Porter, Clark, and Floyd            1/21/2021  7/5/2022, [INSERT Federal    ..............................
 Counties 2015 8-hour Ozone                           Register CITATION].
 Emission Statement.
Clark and Floyd Counties 2015 8-          2/21/2022  7/5/2022, [INSERT Federal    ..............................
 hour Ozone Maintenance Plan.                         Register CITATION].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. Section 81.315 is amended by revising the entry ``Louisville, KY-
IN'' in the table entitled ``Indiana--2015 8-Hour Ozone NAAQS [Primary 
and Secondary]'' to read as follows:


Sec.  81.315  Indiana

* * * * *

                                        Indiana--2015 8-Hour Ozone NAAQS
                                             [Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
                                               Designation                            Classification
      Designated area \1\       --------------------------------------------------------------------------------
                                      Date \2\              Type              Date \2\              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Louisville, KY-IN..............  July 5, 2022......  Attainment........  .................  Marginal.
    Clark County...............
    Floyd County...............
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.

* * * * *
[FR Doc. 2022-14202 Filed 7-1-22; 8:45 am]
BILLING CODE 6560-50-P