Air Plan Approval; Indiana; Infrastructure SIP Requirements for the 2012 PM2.5, 4595-4597 [2018-01924]
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Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations
[FR Doc. 2018–01925 Filed 1–31–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0343; FRL–9973–49–
Region 5]
Air Plan Approval; Indiana;
Infrastructure SIP Requirements for
the 2012 PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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I. What is the background of this SIP
submission?
II. What comments were submitted on the
proposed rulemaking?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background of this SIP
submission?
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 fine particulate matter (PM2.5)
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
proposed this action on August 31,
2017, and received one public comment
in response.
DATES: This final rule is effective on
March 5, 2018.
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. We
recommend that you telephone Eric
Svingen, Environmental Engineer, at
(312) 353–4489 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Eric
Svingen, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
SUMMARY:
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–4489,
svingen.eric@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:
A. What state submission does this
rulemaking address?
This rulemaking addresses a June 10,
2016, submission from the Indiana
Department of Environmental
Management (IDEM) intended to
address all applicable infrastructure
requirements for the 2012 PM2.5
NAAQS. On December 28, 2016, IDEM
supplemented this submittal with
additional documentation intended to
address the transport requirements of
Section 110(a)(2)(D) for the 2012 PM2.5
NAAQS; EPA will take action on this
supplement in a separate rulemaking.
B. Why did the state make this SIP
submission?
Under section 110(a)(1) and (2) of the
CAA, states are required to submit
infrastructure SIPs to ensure that their
SIPs provide for implementation,
maintenance, and enforcement of the
NAAQS, including the 2012 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 for the NAAQS
already meet 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 1 National
Ambient Air Quality Standards’’ (2007
Guidance) and has issued additional
guidance documents, the most recent on
September 13, 2013, entitled ‘‘Guidance
on Infrastructure State Implementation
Plan (SIP) Elements under CAA
Sections 110(a)(1) and (2)’’ (2013
Guidance). The SIP submission
referenced in this rulemaking pertains
to the applicable requirements of
1 PM
2.5 refers to particles with an aerodynamic
diameter of less than or equal to 2.5 micrometers,
oftentimes referred to as ‘‘fine’’ particles.
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4595
section 110(a)(1) and (2), and addresses
the 2012 PM2.5 NAAQS.
C. What is the scope of this rulemaking?
EPA is acting upon the SIP
submission from Indiana that addresses
the infrastructure requirements of CAA
section 110(a)(1) and (2) for the 2012
PM2.5 NAAQS. The requirement for
states to make SIP submissions of this
type arises out of CAA section 110(a)(1),
which states that states must make SIP
submissions ‘‘within 3 years (or such
shorter period as the Administrator may
prescribe) after the promulgation of a
national primary ambient air quality
standard (or any revision thereof),’’ and
these SIP submissions are to provide for
the ‘‘implementation, maintenance, and
enforcement’’ of such NAAQS. The
statute directly imposes on states the
duty to make these SIP submissions,
and the requirement to make the
submissions is not conditioned upon
EPA’s taking any action other than
promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of
specific elements that ‘‘[e]ach such
plan’’ submission must address.
EPA has historically referred to these
SIP submissions made for the purpose
of satisfying the requirements of CAA
section 110(a)(1) and (2) as
‘‘infrastructure SIP’’ submissions.
Although the term ‘‘infrastructure SIP’’
does not appear in the CAA, EPA uses
the term to distinguish this particular
type of SIP submission from
submissions that are intended to satisfy
other SIP requirements under the CAA,
such as SIP submissions that address
the nonattainment planning
requirements of part D and the
prevention of significant deterioration
(PSD) requirements of part C of title I of
the CAA, and ‘‘regional haze SIP’’
submissions required to address the
visibility protection requirements of
CAA section 169A.
In this rulemaking, EPA will not take
action on three substantive areas of
section 110(a)(2): (i) Existing provisions
related to excess emissions during
periods of start-up, shutdown, or
malfunction (‘‘SSM’’) at sources, that
may be contrary to the CAA and EPA’s
policies addressing such excess
emissions; (ii) existing provisions
related to ‘‘director’s variance’’ or
‘‘director’s discretion’’ that purport to
permit revisions to SIP approved
emissions limits with limited public
notice or without requiring further
approval by EPA, that may be contrary
to the CAA; and, (iii) existing provisions
for PSD programs that may be
inconsistent with current requirements
of EPA’s ‘‘Final NSR Improvement
Rule,’’ 67 FR 80186 (December 31,
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2002), as amended by 72 FR 32526 (June
13, 2007) (‘‘NSR Reform’’). Instead, EPA
has the authority to address each one of
these substantive areas in separate
rulemakings. A detailed history,
interpretation, and rationale as they
relate to infrastructure SIP requirements
can be found in EPA’s May 13, 2014,
proposed rule entitled, ‘‘Infrastructure
SIP Requirements for the 2008 Lead
NAAQS’’ in the section, ‘‘What is the
scope of this rulemaking?’’ (see 79 FR
27241 at 27242–27245).
II. What comments were submitted on
the proposed rulemaking?
On August 31, 2017 (82 FR 41379),
EPA proposed to approve the abovecited elements of Indiana’s
infrastructure SIP submission for the
2012 PM2.5 NAAQS. In response to this
proposed action, EPA received one
comment from a person identifying as a
‘‘citizen of Indiana and a law student.’’
The commenter expressed support for
EPA’s proposed approval of the Indiana
infrastructure SIP for the PM2.5 NAAQS,
but ‘‘encourage[d] some sort of change
that would be stricter on states
regarding localities.’’ EPA thanks the
commenter for her/his thoughts and
support regarding rulemakings.
III. What action is EPA taking?
EPA is taking final action to approve
most elements of a submission from
Indiana certifying that its current SIP is
sufficient to meet the required
infrastructure elements under section
110(a)(1) and (2) for the 2012 PM2.5
NAAQS. EPA’s actions for the state’s
satisfaction of infrastructure SIP
requirements, by element of section
110(a)(2) and NAAQS, are contained in
the table below.
2012
PM2.5
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Element
(A)—Emission limits and other control
measures ........................................
(B)—Ambient air quality monitoring/
data system .....................................
(C)1—Program for enforcement of
control measures ............................
(C)2—PSD ..........................................
(D)1—I Prong 1: Interstate transport—significant contribution ...........
(D)2—I Prong 2: Interstate transport—interfere with maintenance ....
(D)3—II Prong 3: Interstate transport—prevention of significant deterioration ...........................................
(D)4—II Prong 4: Interstate transport—protect visibility ......................
(D)5—Interstate and international pollution abatement .............................
(E)1—Adequate resources .................
(E)2—State board requirements ........
(F)—Stationary source monitoring
system .............................................
(G)—Emergency power ......................
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A
A
A
A
NA
NA
A
NA
A
A
A
A
A
Element
2012
PM2.5
(H)—Future SIP revisions ..................
(I)—Nonattainment planning requirements of part D ...............................
(J)1—Consultation with government
officials ............................................
(J)2—Public notification ......................
(J)3—PSD ...........................................
(J)4—Visibility protection ....................
(K)—Air quality modeling/data ............
(L)—Permitting fees ............................
(M)—Consultation and participation
by affected local entities .................
A
(*)
A
A
A
(*)
A
A
A
In the above table, the key is as
follows:
A ............
NA ..........
* .............
Approve.
No Action/Separate Rulemaking.
Not germane to infrastructure
SIPs.
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);
• 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
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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 April 2, 2018. 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
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Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: January 17, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
2. In § 52.770, the table in paragraph
(e) is amended by adding an entry in
alphabetical order for ‘‘Section 110(a)(2)
infrastructure requirements for the 2012
PM2.5 NAAQS’’ to read as follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
40 CFR part 52 is amended as follows:
§ 52.770
Authority: 42 U.S.C. 7401 et seq.
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
*
*
Section 110(a)(2) infrastructure
requirements for the 2012
PM2.5 NAAQS.
*
6/10/2016
*
Explanation
*
*
2/1/2018, [Insert Federal Register citation].
*
*
*
This action addresses the following CAA elements:
110(a)(2)(A), (B), (C), (D)(i)(II) except visibility, (D)(ii), (E),
(F), (G), (H), (J) except visibility, (K), (L), and (M).
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2017–0339; FRL–9973–17–
Region 8]
Montana Second 10-Year Carbon
Monoxide Maintenance Plan for
Missoula
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
*
*
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*
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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Adam Clark, (303) 312–7104,
clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
make this action re-approving the
revisions to the Montana SIP effective
upon publication in the Federal
Register. Section 553(d)(3) of the APA
allows an effective date less than 30
days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’ 5
U.S.C. 553(d)(3). This rule does not
create any new regulatory requirements
and does not change any existing
regulatory requirements. For these
reasons, the EPA finds good cause under
APA section 553(d)(3) for the reapproval to become effective on the date
of publication of this action.
II. Response to Comments
The EPA received two anonymous
public comments, one which we
considered adverse, on our action to
approve Montana’s September 19, 2016
SIP submittal. Below is a summary of
each comment and the EPA’s response.
Comment: The first commenter asked
whether we were ‘‘expecting any pushback’’ from businesses in extending the
carbon monoxide plan for another 10
years.
Response: Under the CAA, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state actions, provided that
they meet the criteria of the CAA. With
that, the EPA notes that we did not
receive any comments from any
individual businesses or business
groups.
Comment: The second commenter
asserted that the EPA had failed to
consider the effects of approving the SIP
submission on the economy or energy
independence as required by a March
The factual background for this action
SUMMARY: The Environmental Protection is discussed in detail in our September
Agency (EPA) is taking final action to
14, 2017 direct final rule (DFR) and
re-approve a State Implementation Plan proposal (82 FR 43180, 82 FR 43208)
(SIP) revision submitted by the State of
approving the revised Missoula
Montana. On September 19, 2016, the
Maintenance Plan into the Montana SIP.
Governor of Montana submitted to the
The EPA received one adverse comment
EPA a Clean Air Act (CAA) section
on the rulemaking and attempted to
175A(b) second 10-year maintenance
withdraw the DFR prior to the effective
plan for the Missoula, Montana area for
date of November 13, 2017. However,
the carbon monoxide (CO) National
the EPA inadvertently did not withdraw
Ambient Air Quality Standard
the DFR prior to that date and the rule
(NAAQS). This limited maintenance
became prematurely effective on
plan (LMP) addresses maintenance of
November 13, 2017, revising the
the CO NAAQS for a second 10-year
Montana SIP to reflect the approval of
period beyond the original
the revised Missoula Maintenance Plan.
redesignation. This action is being taken In this final rulemaking, the EPA is
under sections 110 and 175A of the
responding to the comments submitted
CAA.
on the proposed revision to the Montana
DATES: Effective February 1, 2018.
SIP, and is re-approving the revised
Missoula Maintenance Plan into the
ADDRESSES: The EPA has established a
Montana SIP. The background
docket for this action under Docket ID
Number EPA–R08–OAR–2017–0339. All information found in the DFR is still
relevant and our September 14, 2017
documents in the docket are listed on
the https://www.regulations.gov website. proposal provides the basis for this final
action.
Although listed in the index, some
The EPA finds that there is good
information is not publicly available,
cause under section 553(d)(3) of the
e.g., confidential business information
Administrative Procedure Act (APA) to
(CBI) or other information whose
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*
I. Background
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EPA approval
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]]>Agencies
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Rules and Regulations]
[Pages 4595-4597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01924]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0343; FRL-9973-49-Region 5]
Air Plan Approval; Indiana; Infrastructure SIP Requirements for
the 2012 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
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 fine particulate matter (PM2.5)
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 proposed this action on
August 31, 2017, and received one public comment in response.
DATES: This final rule is effective on March 5, 2018.
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. We recommend
that you telephone Eric Svingen, Environmental Engineer, at (312) 353-
4489 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-4489,
[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 of this SIP submission?
II. What comments were submitted on the proposed rulemaking?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background of this SIP submission?
A. What state submission does this rulemaking address?
This rulemaking addresses a June 10, 2016, submission from the
Indiana Department of Environmental Management (IDEM) intended to
address all applicable infrastructure requirements for the 2012
PM2.5 NAAQS. On December 28, 2016, IDEM supplemented this
submittal with additional documentation intended to address the
transport requirements of Section 110(a)(2)(D) for the 2012
PM2.5 NAAQS; EPA will take action on this supplement in a
separate rulemaking.
B. Why did the state make this SIP submission?
Under section 110(a)(1) and (2) of the CAA, states are required to
submit infrastructure SIPs to ensure that their SIPs provide for
implementation, maintenance, and enforcement of the NAAQS, including
the 2012 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 for the NAAQS
already meet 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 \1\ National Ambient Air Quality Standards'' (2007
Guidance) and has issued additional guidance documents, the most recent
on September 13, 2013, entitled ``Guidance on Infrastructure State
Implementation Plan (SIP) Elements under CAA Sections 110(a)(1) and
(2)'' (2013 Guidance). The SIP submission referenced in this rulemaking
pertains to the applicable requirements of section 110(a)(1) and (2),
and addresses the 2012 PM2.5 NAAQS.
---------------------------------------------------------------------------
\1\ PM2.5 refers to particles with an aerodynamic
diameter of less than or equal to 2.5 micrometers, oftentimes
referred to as ``fine'' particles.
---------------------------------------------------------------------------
C. What is the scope of this rulemaking?
EPA is acting upon the SIP submission from Indiana that addresses
the infrastructure requirements of CAA section 110(a)(1) and (2) for
the 2012 PM2.5 NAAQS. The requirement for states to make SIP
submissions of this type arises out of CAA section 110(a)(1), which
states that states must make SIP submissions ``within 3 years (or such
shorter period as the Administrator may prescribe) after the
promulgation of a national primary ambient air quality standard (or any
revision thereof),'' and these SIP submissions are to provide for the
``implementation, maintenance, and enforcement'' of such NAAQS. The
statute directly imposes on states the duty to make these SIP
submissions, and the requirement to make the submissions is not
conditioned upon EPA's taking any action other than promulgating a new
or revised NAAQS. Section 110(a)(2) includes a list of specific
elements that ``[e]ach such plan'' submission must address.
EPA has historically referred to these SIP submissions made for the
purpose of satisfying the requirements of CAA section 110(a)(1) and (2)
as ``infrastructure SIP'' submissions. Although the term
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to
distinguish this particular type of SIP submission from submissions
that are intended to satisfy other SIP requirements under the CAA, such
as SIP submissions that address the nonattainment planning requirements
of part D and the prevention of significant deterioration (PSD)
requirements of part C of title I of the CAA, and ``regional haze SIP''
submissions required to address the visibility protection requirements
of CAA section 169A.
In this rulemaking, EPA will not take action on three substantive
areas of section 110(a)(2): (i) Existing provisions related to excess
emissions during periods of start-up, shutdown, or malfunction
(``SSM'') at sources, that may be contrary to the CAA and EPA's
policies addressing such excess emissions; (ii) existing provisions
related to ``director's variance'' or ``director's discretion'' that
purport to permit revisions to SIP approved emissions limits with
limited public notice or without requiring further approval by EPA,
that may be contrary to the CAA; and, (iii) existing provisions for PSD
programs that may be inconsistent with current requirements of EPA's
``Final NSR Improvement Rule,'' 67 FR 80186 (December 31,
[[Page 4596]]
2002), as amended by 72 FR 32526 (June 13, 2007) (``NSR Reform'').
Instead, EPA has the authority to address each one of these substantive
areas in separate rulemakings. A detailed history, interpretation, and
rationale as they relate to infrastructure SIP requirements can be
found in EPA's May 13, 2014, proposed rule entitled, ``Infrastructure
SIP Requirements for the 2008 Lead NAAQS'' in the section, ``What is
the scope of this rulemaking?'' (see 79 FR 27241 at 27242-27245).
II. What comments were submitted on the proposed rulemaking?
On August 31, 2017 (82 FR 41379), EPA proposed to approve the
above-cited elements of Indiana's infrastructure SIP submission for the
2012 PM2.5 NAAQS. In response to this proposed action, EPA
received one comment from a person identifying as a ``citizen of
Indiana and a law student.'' The commenter expressed support for EPA's
proposed approval of the Indiana infrastructure SIP for the
PM2.5 NAAQS, but ``encourage[d] some sort of change that
would be stricter on states regarding localities.'' EPA thanks the
commenter for her/his thoughts and support regarding rulemakings.
III. What action is EPA taking?
EPA is taking final action to approve most elements of a submission
from Indiana certifying that its current SIP is sufficient to meet the
required infrastructure elements under section 110(a)(1) and (2) for
the 2012 PM2.5 NAAQS. EPA's actions for the state's
satisfaction of infrastructure SIP requirements, by element of section
110(a)(2) and NAAQS, are contained in the table below.
------------------------------------------------------------------------
2012
Element PM2.5
------------------------------------------------------------------------
(A)--Emission limits and other control measures.............. A
(B)--Ambient air quality monitoring/data system.............. A
(C)1--Program for enforcement of control measures............ A
(C)2--PSD.................................................... A
(D)1--I Prong 1: Interstate transport--significant NA
contribution................................................
(D)2--I Prong 2: Interstate transport--interfere with NA
maintenance.................................................
(D)3--II Prong 3: Interstate transport--prevention of A
significant deterioration...................................
(D)4--II Prong 4: Interstate transport--protect visibility... NA
(D)5--Interstate and international pollution abatement....... A
(E)1--Adequate resources..................................... A
(E)2--State board requirements............................... A
(F)--Stationary source monitoring system..................... A
(G)--Emergency power......................................... 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 and participation by affected local A
entities....................................................
------------------------------------------------------------------------
In the above table, the key is as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
A................................. Approve.
NA................................ No Action/Separate Rulemaking.
*................................. Not germane to infrastructure SIPs.
------------------------------------------------------------------------
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);
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).
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 April 2, 2018. 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
[[Page 4597]]
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: January 17, 2018.
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 adding an
entry in alphabetical order for ``Section 110(a)(2) infrastructure
requirements for the 2012 PM2.5 NAAQS'' 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) infrastructure 6/10/2016 2/1/2018, [Insert Federal This action addresses the
requirements for the 2012 PM2.5 NAAQS. Register citation]. following CAA elements:
110(a)(2)(A), (B), (C),
(D)(i)(II) except
visibility, (D)(ii), (E),
(F), (G), (H), (J) except
visibility, (K), (L), and
(M).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2018-01924 Filed 1-31-18; 8:45 am]
BILLING CODE 6560-50-P
