[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Rules and Regulations]
[Pages 66091-66093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23335]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0788; EPA-R05-OAR-2020-0353; FRL-9879-02-R5]


Air Plan Approval; Indiana; Infrastructure SIP Requirements for 
the 2015 Ozone NAAQS and References to the Code of Federal Regulations

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 2015 ozone National Ambient Air Quality Standards 
(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. EPA is also approving revisions to the Indiana SIP that would 
incorporate by reference a more recent edition of the Code of Federal 
Regulations (CFR). EPA proposed this action on June 29, 2022, and 
received no comments.

DATES: This final rule is effective on December 2, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0788 or EPA-R05-OAR-2020-0353. 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.

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 June 29, 2022 (87 FR 38693), EPA proposed to approve most 
elements of a November 2, 2018, submission from the Indiana Department 
of Environmental Management (IDEM) intended to address most applicable 
infrastructure requirements for the 2015 ozone NAAQS. Additionally, EPA 
proposed to approve a June 24, 2020, submission from IDEM that seeks to 
revise the Indiana SIP by incorporating by reference updated rules at 
326 IAC 1-1-3 (References to the Code of Federal Regulations) with an 
effective date of April 4, 2020. The revision to 326 IAC 1-1-3 
identifies that, unless otherwise indicated, any reference within 326 
IAC to a provision of the CFR shall mean the July 1, 2018, edition. 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 July 29, 2022. 
EPA received no comments on the proposal. Therefore, we are finalizing 
our action as proposed.

II. Final Action

    EPA is approving most elements of a submission from IDEM certifying 
that its current SIP is sufficient to meet the required infrastructure 
elements under sections 110(a)(1) and (2) for the 2015 ozone NAAQS. EPA 
is not acting on the interstate transport requirements of section 
110(a)(2)(D)(i)(I) and visibility impairment requirements of section 
110(a)(2)(D)(i)(II). EPA has proposed action in a separate rulemaking 
on the portion of the submission pertaining to the interstate transport 
requirements of section 110(a)(2)(D)(i)(I) with respect to the 2015 
ozone NAAQS. See 87 FR 9838. EPA's actions for the state's satisfaction 
of infrastructure SIP requirements, by element of section 110(a)(2), 
are contained in the table below.

------------------------------------------------------------------------
                    Element                             2015 Ozone
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(A)--Emission limits and other control measures  A
(B)--Ambient air quality monitoring/data system  A

[[Page 66092]]

 
(C)1--Program for enforcement of control         A
 measures.
(C)2--Minor NSR................................  A
(C)3--PSD......................................  A
(D)1--I Prong 1: Interstate transport--          NA
 significant contribution to nonattainment.
(D)2--I Prong 2: Interstate transport--          NA
 interference with maintenance.
(D)3--II Prong 3: Interstate transport--         A
 interference with PSD.
(D)4--II Prong 4: Interstate transport--         NA
 interference with visibility protection.
(D)5--Interstate and international pollution     A
 abatement.
(E)1--Adequate resources.......................  A
(E)2--State board requirements.................  A
(F)--Stationary source monitoring system.......  A
(G)--Emergency powers..........................  A
(H)--Future SIP revisions......................  A
(I)--Nonattainment planning requirements of      (*)
 part D.
(J)1--Consultation with government officials...  A
(J)2--Public notification......................  A
(J)3--PSD......................................  A
(J)4--Visibility protection....................  (*)
(K)--Air quality modeling/data.................  A
(L)--Permitting fees...........................  A
(M)--Consultation/participation by affected      A
 local entities.
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    In the above table, the key is as follows:

A Approve
NA No Action/Separate Rulemaking
* Not germane to infrastructure SIPs

    EPA is also approving the June 24, 2020, submission from Indiana, 
which revises the Indiana SIP by incorporating by reference the more 
recent July 1, 2018, edition of the CFR.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Indiana 
Regulations described in Section I of this preamble and set forth in 
the amendments to 40 CFR part 52 below. EPA has made, and will continue 
to make, these documents generally available through 
www.regulations.gov, and at the EPA Region 5 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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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);
     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 January 3, 2023. 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 66093]]

List of Subjects in 40 CFR Part 52

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

    Dated: October 21, 2022.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, 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. Amend Sec.  52.770 by:
0
a. In paragraph (c), amend the table by revising the entry for 1-1-3 
``References to the Code of Federal Regulations'' under Article 1, Rule 
1 ``Provisions Applicable Throughout Title 326''.
0
b. In paragraph (e), amend the table by adding an entry for ``Section 
110(a)(2) Infrastructure Requirements for the 2015 Ozone NAAQS'' after 
the entry for ``Section 110(a)(2) Infrastructure Requirements for the 
2008 8-Hour Ozone NAAQS''.
    The revision and addition read as follows:


Sec.  52.770   Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
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                                                       Indiana
     Indiana citation              Subject         effective date    EPA approval date             Notes
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                                                  * * * * * * *
1-1-3....................  References to the Code       6/24/2020  11/2/2022, [INSERT
                            of Federal                              Federal Register
                            Regulations.                            CITATION].
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

                  EPA-Approved Indiana Nonregulatory Provisions and Quasi-Regulatory Provisions
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                                             Indiana
                  Title                        date             EPA approval                 Explanation
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                                                  * * * * * * *
Section 110(a)(2) Infrastructure             11/2/2018  11/2/2022, [INSERT Federal   All CAA infrastructure
 Requirements for the 2015 Ozone NAAQS.                  Register CITATION].          elements have been
                                                                                      approved except (D)(i)(I)
                                                                                      and the visibility portion
                                                                                      of (D)(i)(II).
 
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[FR Doc. 2022-23335 Filed 11-1-22; 8:45 am]
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