Approval of Air Quality Implementation Plans; Indiana; Ohio; “Infrastructure” SIP State Board Requirements for the 2006 24-Hour PM2.5, 18999-19001 [2014-07564]
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Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Rules and Regulations
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action may not be challenged later
in proceedings to enforce its
requirements. (See section 307(b)(2).)
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart O—Illinois
2. Section 52.720 is amended by
adding paragraph (c)(198) to read as
follows:
■
Identification of plan.
ehiers on DSK2VPTVN1PROD with RULES
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*
*
*
(c) * * *
(198) On January 9, 2014, Illinois
submitted modifications to its Federally
Enforceable State Operating Permits
rules as a revision to the state
implementation plan. The revision
extends the maximum permit term of
Federally Enforceable State Operating
Permits from five years to ten years.
(i) Incorporation by reference. Illinois
Administrative Code Title 35:
Environmental Protection; Subtitle B:
Air Pollution; Chapter I: Pollution
Control Board; Subchapter a: Permits
and General Provisions; Part 201:
Permits and General Provisions; Subpart
D: Permit Applications and Review
Process; Section 201.162: Duration;
14:32 Apr 04, 2014
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0805; FRL–9908–70–
Region 5]
Approval of Air Quality Implementation
Plans; Indiana; Ohio; ‘‘Infrastructure’’
SIP State Board Requirements for the
2006 24-Hour PM2.5 NAAQS
Pursuant to its authority
under the Clean Air Act (CAA), the
Environmental Protection Agency (EPA)
is taking final action to approve
elements of state implementation plan
(SIP) submissions by the Indiana
Department of Environmental
Management (IDEM) and the Ohio
Environmental Protection Agency (Ohio
EPA) to address the section 110
requirements of the CAA for the 2006
24-hour fine particle National Ambient
Air Quality Standards (2006 PM2.5
NAAQS). The SIPs under section 110 of
the CAA are often referred to as the
‘‘infrastructure’’ SIP, and specifically we
are finalizing approval of portions of
these states’ submissions intended to
meet the applicable state board
requirements obligated by section 128 of
the CAA. The proposed rule associated
with this final action was published on
February 7, 2014, and we received no
comments.
DATES: This final rule is effective on
May 7, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2009–0805. All
documents in the docket are listed in
the www.regulations.gov index.
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,
will be publicly-available only in hard
copy. Publicly-available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the U.S. 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
SUMMARY:
Dated: February 24, 2014.
Susan Hedman,
Regional Administrator, Region 5.
VerDate Mar<15>2010
BILLING CODE 6560–50–P
Environmental Protection
Agency (EPA).
ACTION: Final rule.
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
*
[FR Doc. 2014–07560 Filed 4–4–14; 8:45 am]
AGENCY:
List of Subjects in 40 CFR Part 52
§ 52.720
Subsection 201.162(a). Effective
December 1, 2010.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
18999
Federal holidays. We recommend that
you telephone Andy Chang at (312)
886–0258 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Andy Chang, Environmental Engineer,
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) 886–0258,
chang.andy@epa.gov.
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 action is EPA taking?
III. Statutory and Executive Order Reviews
I. What is the background for this
action?
Under sections 110(a)(1) and (2) of the
CAA, and implementing EPA policy,
states are required to submit to EPA
infrastructure SIPs to ensure that their
SIPs provide for implementation,
maintenance, and enforcement of the
NAAQS, including the 2006 PM2.5
NAAQS. These submissions must
contain any revisions needed for
meeting the applicable SIP requirements
of section 110(a)(2), or certifications that
their existing SIPs already met those
requirements.
EPA highlighted this statutory
requirement in an October 2, 2007,
guidance document entitled ‘‘Guidance
on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997
8-hour Ozone and PM2.5 National
Ambient Air Quality Standards’’ (2007
Memo). On September 25, 2009, EPA
issued additional guidance pertaining to
the 2006 PM2.5 NAAQS entitled
‘‘Guidance on SIP Elements Required
Under Sections 110(a)(1) and (2) for the
2006 24-Hour Fine Particle (PM2.5)
National Ambient Air Quality Standards
(NAAQS)’’ (2009 Memo).
On October 29, 2012, EPA finalized
its approval of the majority of the
infrastructure SIP elements for Indiana
and Ohio with respect to the 2006 PM2.5
NAAQS (see 77 FR 65478). However, we
took no action on the state board
requirements of section 110(a)(2)(E)(ii);
instead, we committed to address
compliance with these requirements at
a later time (see 77 FR 65478 at 75480).
EPA’s February 7, 2014, proposed
rulemaking and today’s final action
fulfill that commitment.
To assist states with addressing the
state board requirements of section
110(a)(2)(E)(ii), EPA issued ‘‘Guidance
on Infrastructure SIP Elements Required
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Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Rules and Regulations
Under Sections 110(a)(1) and (2) for the
2008 Lead (Pb) National Ambient Air
Quality Standards (NAAQS)’’ (2011
Memo) and most recently, ‘‘Guidance on
Infrastructure SIP Elements Under Clean
Air Act Sections 110(a)(1) and
110(a)(2)’’ (2013 Memo). Notably, the
2013 Memo specifies that the state
board requirements are not NAAQS
specific, i.e., the requirements are
identical for each NAAQS. EPA’s
February 7, 2014, proposed rulemaking
(see 79 FR 7410) detailed how Indiana
and Ohio have met the applicable
requirements of section 110(a)(2)(E)(ii),
and no comments were received
regarding the proposal to approve these
states’ satisfaction of those
requirements.
II. What action is EPA taking?
For the reasons discussed in our
February 7, 2014, proposed rulemaking,
EPA is taking final action to approve
submissions from IDEM and Ohio as
meeting the state board requirements
under section 110(a)(2)(E)(ii) for the
2006 PM2.5 NAAQS. To reiterate, this
action does not extend to any other
NAAQS, nor does it extend to any other
element under section 110(a)(1) and (2)
for the 2006 PM2.5 NAAQS.
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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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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
VerDate Mar<15>2010
14:32 Apr 04, 2014
Jkt 232001
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, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
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.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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 June 6, 2014. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the Proposed Rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
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: March 17, 2014.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.770 the table in paragraph
(e) is amended by revising the entry for
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2006 24-Hour
PM2.5 NAAQS’’.
The revised text reads as follows:
■
§ 52.770
*
Identification of plan.
*
*
(e) * * *
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Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Rules and Regulations
EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
*
*
Section 110(a)(2) Infrastructure
Requirements for the 2006
24-Hour PM2.5 NAAQS.
10/20/2009,
6/25/2012,
7/12/2012
5/22/2013
*
*
3. Section 52.1891 is amended by
adding paragraph (d) to read as follows:
§ 52.1891 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(d) Approval—In a June 7, 2013,
submission, Ohio certified that the state
has satisfied the infrastructure SIP
requirements of section 110(a)(2)(E)(ii)
for the 2006 24-hour PM2.5 NAAQS.
[FR Doc. 2014–07564 Filed 4–4–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0299; FRL–9909–09–
Region–3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Section 110(a)(2)
Infrastructure Requirements for the
2008 Ozone National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of West Virginia
pursuant to the Clean Air Act (CAA).
Whenever new or revised National
Ambient Air Quality Standards
(NAAQS) are promulgated, the CAA
requires states to submit a plan for the
implementation, maintenance, and
enforcement of such NAAQS. The plan
is required to address basic program
elements, including, but not limited to
regulatory structure, monitoring,
modeling, legal authority, and adequate
resources necessary to assure attainment
and maintenance of the standards.
ehiers on DSK2VPTVN1PROD with RULES
SUMMARY:
14:32 Apr 04, 2014
Explanation
*
*
7/10/2013, 78 FR 41311 ........
*
*
*
This action addresses the following CAA elements:
110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M). We are finalizing approval of the
PSD source impact analysis requirements of section
110(a)(2)(C), (D)(i)(II), and (J), but are not finalizing action
on the visibility protection requirements of (D)(i)(II), and the
state board requirements of (E)(ii). We will address these
requirements in a separate action.
This action addresses the following CAA elements: State
board requirements of section 110(a)(2)(E)(ii).
4/7/2014, [INSERT PAGE
NUMBER WHERE THE
DOCUMENT BEGINS].
*
■
VerDate Mar<15>2010
EPA Approval
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These elements are referred to as
infrastructure requirements. The State of
West Virginia has made a submittal
addressing the infrastructure
requirements for the 2008 ozone
NAAQS.
DATES: This final rule is effective on
May 7, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2013–0299. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
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 electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the West Virginia
Department of Environmental
Protection, Division of Air Quality, 601
57th Street SE., Charleston, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT:
Ellen Schmitt, (215) 814–5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of SIP Revision
On February 17, 2012, the West
Virginia Department of Environmental
Protection (WV DEP) submitted a SIP
revision that addresses the
infrastructure elements specified in
section 110(a)(2) of the CAA, necessary
PO 00000
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Fmt 4700
Sfmt 4700
*
*
to implement, maintain, and enforce the
2008 ozone NAAQS. On July 2, 2013 (78
FR 39650), EPA published a notice of
proposed rulemaking (NPR) for the State
of West Virginia proposing approval of
West Virginia’s submittal. In the NPR,
EPA proposed approval of the following
infrastructure elements: Section
110(a)(2)(A), (B), (C), (D), (E), (F), (G),
(H), (J), (K), (L), and (M), or portions
thereof. EPA has taken separate action
on the portions of section 110(a)(2)(C),
(D)(i)(II), and (J) as they relate to West
Virginia’s prevention of significant
deterioration (PSD) program and is
taking separate action on section
110(a)(2)(E)(ii) as it relates to section
128 (State Boards). West Virginia did
not submit section 110(a)(2)(I) which
pertains to the nonattainment
requirements of part D, Title I of the
CAA, since this element is not required
to be submitted by the 3-year
submission deadline of section
110(a)(1), and will be addressed in a
separate process. West Virginia also did
not include a component to address
section 110(a)(2)(D)(i)(I) as it is not
required in accordance with the EME
Homer City decision from the United
States Court of Appeals for the District
of Columbia Circuit, until EPA has
defined a state’s contribution to
nonattainment or interference with
maintenance in another state. See EME
Homer City Generation, LP v. EPA, 696
F.3d 7 (D.C. Cir. 2012), cert. granted,
133 U.S. 2857 (2013). Unless the EME
Homer City decision is reversed or
otherwise modified by the Supreme
Court, states such as West Virginia are
not required to submit section
110(a)(2)(D)(i)(I) SIPs until the EPA has
quantified their obligations under that
section. Therefore, a 110(a)(2)(D)(i)(I)
submission from West Virginia is not
statutorily required at this time. As no
such submission was made by the State,
there is no 110(a)(2)(D)(i)(I) SIP pending
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]]>Agencies
[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Rules and Regulations]
[Pages 18999-19001]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07564]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0805; FRL-9908-70-Region 5]
Approval of Air Quality Implementation Plans; Indiana; Ohio;
``Infrastructure'' SIP State Board Requirements for the 2006 24-Hour
PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to its authority under the Clean Air Act (CAA), the
Environmental Protection Agency (EPA) is taking final action to approve
elements of state implementation plan (SIP) submissions by the Indiana
Department of Environmental Management (IDEM) and the Ohio
Environmental Protection Agency (Ohio EPA) to address the section 110
requirements of the CAA for the 2006 24-hour fine particle National
Ambient Air Quality Standards (2006 PM2.5 NAAQS). The SIPs
under section 110 of the CAA are often referred to as the
``infrastructure'' SIP, and specifically we are finalizing approval of
portions of these states' submissions intended to meet the applicable
state board requirements obligated by section 128 of the CAA. The
proposed rule associated with this final action was published on
February 7, 2014, and we received no comments.
DATES: This final rule is effective on May 7, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2009-0805. All documents in the docket are listed in
the www.regulations.gov index. 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, will be
publicly-available only in hard copy. Publicly-available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the U.S. 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. We recommend that you
telephone Andy Chang at (312) 886-0258 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer,
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) 886-0258, chang.andy@epa.gov.
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 action is EPA taking?
III. Statutory and Executive Order Reviews
I. What is the background for this action?
Under sections 110(a)(1) and (2) of the CAA, and implementing EPA
policy, states are required to submit to EPA infrastructure SIPs to
ensure that their SIPs provide for implementation, maintenance, and
enforcement of the NAAQS, including the 2006 PM2.5 NAAQS.
These submissions must contain any revisions needed for meeting the
applicable SIP requirements of section 110(a)(2), or certifications
that their existing SIPs already met those requirements.
EPA highlighted this statutory requirement in an October 2, 2007,
guidance document entitled ``Guidance on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM2.5 National Ambient Air Quality Standards'' (2007 Memo).
On September 25, 2009, EPA issued additional guidance pertaining to the
2006 PM2.5 NAAQS entitled ``Guidance on SIP Elements
Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine
Particle (PM2.5) National Ambient Air Quality Standards
(NAAQS)'' (2009 Memo).
On October 29, 2012, EPA finalized its approval of the majority of
the infrastructure SIP elements for Indiana and Ohio with respect to
the 2006 PM2.5 NAAQS (see 77 FR 65478). However, we took no
action on the state board requirements of section 110(a)(2)(E)(ii);
instead, we committed to address compliance with these requirements at
a later time (see 77 FR 65478 at 75480). EPA's February 7, 2014,
proposed rulemaking and today's final action fulfill that commitment.
To assist states with addressing the state board requirements of
section 110(a)(2)(E)(ii), EPA issued ``Guidance on Infrastructure SIP
Elements Required
[[Page 19000]]
Under Sections 110(a)(1) and (2) for the 2008 Lead (Pb) National
Ambient Air Quality Standards (NAAQS)'' (2011 Memo) and most recently,
``Guidance on Infrastructure SIP Elements Under Clean Air Act Sections
110(a)(1) and 110(a)(2)'' (2013 Memo). Notably, the 2013 Memo specifies
that the state board requirements are not NAAQS specific, i.e., the
requirements are identical for each NAAQS. EPA's February 7, 2014,
proposed rulemaking (see 79 FR 7410) detailed how Indiana and Ohio have
met the applicable requirements of section 110(a)(2)(E)(ii), and no
comments were received regarding the proposal to approve these states'
satisfaction of those requirements.
II. What action is EPA taking?
For the reasons discussed in our February 7, 2014, proposed
rulemaking, EPA is taking final action to approve submissions from IDEM
and Ohio as meeting the state board requirements under section
110(a)(2)(E)(ii) for the 2006 PM2.5 NAAQS. To reiterate,
this action does not extend to any other NAAQS, nor does it extend to
any other element under section 110(a)(1) and (2) for the 2006
PM2.5 NAAQS.
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 Order
12866 (58 FR 51735, October 4, 1993);
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, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
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 June 6, 2014. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the Proposed Rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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: March 17, 2014.
Susan Hedman,
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
2006 24-Hour PM2.5 NAAQS''.
The revised text reads as follows:
Sec. 52.770 Identification of plan.
* * * * *
(e) * * *
[[Page 19001]]
EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Title Indiana date EPA Approval Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure 10/20/2009, 7/10/2013, 78 FR 41311... This action addresses the
Requirements for the 2006 24-Hour 6/25/2012, following CAA elements:
PM2.5 NAAQS. 7/12/2012 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E),
(F), (G), (H), (J), (K),
(L), and (M). We are
finalizing approval of the
PSD source impact analysis
requirements of section
110(a)(2)(C), (D)(i)(II),
and (J), but are not
finalizing action on the
visibility protection
requirements of (D)(i)(II),
and the state board
requirements of (E)(ii). We
will address these
requirements in a separate
action.
5/22/2013 4/7/2014, [INSERT PAGE This action addresses the
NUMBER WHERE THE following CAA elements:
DOCUMENT BEGINS]. State board requirements of
section 110(a)(2)(E)(ii).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.1891 is amended by adding paragraph (d) to read as
follows:
Sec. 52.1891 Section 110(a)(2) infrastructure requirements.
* * * * *
(d) Approval--In a June 7, 2013, submission, Ohio certified that
the state has satisfied the infrastructure SIP requirements of section
110(a)(2)(E)(ii) for the 2006 24-hour PM2.5 NAAQS.
[FR Doc. 2014-07564 Filed 4-4-14; 8:45 am]
BILLING CODE 6560-50-P
