Air Plan Approval; Indiana; Regional Haze Five-Year Progress Report State Implementation Plan, 4847-4848 [2018-02053]
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4847
Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
*
Section 110(a)(2) infrastructure requirements
for the 2012 PM2.5
NAAQS.
*
Applicable
geographical
or
non-attainment area
State date
*
Statewide ....
*
12/4/2015
*
*
[FR Doc. 2018–02047 Filed 2–1–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0211; FRL–9973–
58—Region 5]
Air Plan Approval; Indiana; Regional
Haze Five-Year Progress Report State
Implementation Plan
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 Indiana on
March 30, 2016. Indiana’s SIP revision
addresses requirements of the Clean Air
Act (CAA) and EPA’s rules that require
states to submit periodic reports
describing progress toward reasonable
progress goals (RPGs) established for
regional haze and a determination of the
adequacy of the state’s existing regional
haze SIP. Indiana’s progress report notes
that Indiana has implemented the
measures in the regional haze SIP due
to be in place by the date of the progress
report and that Federal Class I areas
affected by emissions from Indiana are
meeting or exceeding the RPGs for 2018.
Indiana also determined that the state’s
regional haze SIP is adequate to meet
these reasonable progress goals for the
first implementation period and
requires no substantive revision at this
time.
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–2016–0211. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
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SUMMARY:
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EPA approval
Comments
*
2/2/2018, [insert Federal
Register citation].
*
*
*
Approved CAA elements: 110(a)(2)(A), (B), (C), (D),
(E), (F), (G), (H), (J), (K), (L), and (M). We are not
taking action on the visibility portion of (D)(i)(II),
prong four.
*
*
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 Michelle
Becker, Life Scientist, at (312) 886–3901
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Michelle Becker, Life Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–3901,
Becker.Michelle@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. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. Background
States are required to submit a
progress report in the form of a SIP
revision every five years that evaluates
progress towards the RPGs for each
mandatory Class I Federal area within
the state and in each mandatory Class I
Federal area outside the state which
may be affected by emissions from
within the state. See 40 CFR 51.308(g).
In addition, the provisions under 40
CFR 51.308(h) require states to submit,
at the same time as the 40 CFR 51.308(g)
progress report, a determination of the
adequacy of the state’s existing regional
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*
*
haze SIP. The first progress report SIP
is due five years after submittal of the
initial regional haze SIP.
On December 7, 2017 (82 FR 57694),
EPA published a notice of proposed
rulemaking (NPR) proposing approval of
Indiana’s March 30, 2016 Regional Haze
Five-Year Progress Report SIP revision
on the basis that it satisfies the
requirements of 40 CFR 51.308(g) and
(h).
The specific details of Indiana’s
March 30, 2016 SIP revision and the
rationale for EPA’s approval are
discussed in the NPR and will not be
restated here. EPA received four
comments on the proposed action, three
were not relevant to the rulemaking and
one was in support of the proposed
approval of the Regional Haze Progress
Report SIP.
II. What action is EPA taking?
EPA is approving Indiana’s March 30,
2016 Regional Haze Five-Year Progress
Report SIP submittal as meeting the
requirements of 40 CFR 51.308(g) and
(h).
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);
E:\FR\FM\02FER1.SGM
02FER1
4848
Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations
• 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 3, 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: January 23, 2018.
Cathy Stepp,
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 adding the entry
‘‘Regional Haze Five-Year Progress
Report’’ in alphabetical order to read as
follows:
■
§ 52.770
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
*
*
Regional Haze Five-Year Progress Report
*
*
*
3/30/2016
EPA approval
Explanation
*
*
2/2/2018, [insert Federal Register citation].
*
*
*
*
*
[FR Doc. 2018–02053 Filed 2–1–18; 8:45 am]
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Agencies
[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Rules and Regulations]
[Pages 4847-4848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02053]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0211; FRL-9973- 58--Region 5]
Air Plan Approval; Indiana; Regional Haze Five-Year Progress
Report State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the state of Indiana on
March 30, 2016. Indiana's SIP revision addresses requirements of the
Clean Air Act (CAA) and EPA's rules that require states to submit
periodic reports describing progress toward reasonable progress goals
(RPGs) established for regional haze and a determination of the
adequacy of the state's existing regional haze SIP. Indiana's progress
report notes that Indiana has implemented the measures in the regional
haze SIP due to be in place by the date of the progress report and that
Federal Class I areas affected by emissions from Indiana are meeting or
exceeding the RPGs for 2018. Indiana also determined that the state's
regional haze SIP is adequate to meet these reasonable progress goals
for the first implementation period and requires no substantive
revision at this time.
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-2016-0211. 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 Michelle Becker, Life Scientist, at (312) 886-3901
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Michelle Becker, Life Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-3901,
[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. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. Background
States are required to submit a progress report in the form of a
SIP revision every five years that evaluates progress towards the RPGs
for each mandatory Class I Federal area within the state and in each
mandatory Class I Federal area outside the state which may be affected
by emissions from within the state. See 40 CFR 51.308(g). In addition,
the provisions under 40 CFR 51.308(h) require states to submit, at the
same time as the 40 CFR 51.308(g) progress report, a determination of
the adequacy of the state's existing regional haze SIP. The first
progress report SIP is due five years after submittal of the initial
regional haze SIP.
On December 7, 2017 (82 FR 57694), EPA published a notice of
proposed rulemaking (NPR) proposing approval of Indiana's March 30,
2016 Regional Haze Five-Year Progress Report SIP revision on the basis
that it satisfies the requirements of 40 CFR 51.308(g) and (h).
The specific details of Indiana's March 30, 2016 SIP revision and
the rationale for EPA's approval are discussed in the NPR and will not
be restated here. EPA received four comments on the proposed action,
three were not relevant to the rulemaking and one was in support of the
proposed approval of the Regional Haze Progress Report SIP.
II. What action is EPA taking?
EPA is approving Indiana's March 30, 2016 Regional Haze Five-Year
Progress Report SIP submittal as meeting the requirements of 40 CFR
51.308(g) and (h).
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);
[[Page 4848]]
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 3, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: January 23, 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 the
entry ``Regional Haze Five-Year Progress Report'' in alphabetical order
to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Indiana
Title date EPA approval Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Regional Haze Five-Year Progress Report.. 3/30/2016 2/2/2018, [insert Federal ...........................
Register citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2018-02053 Filed 2-1-18; 8:45 am]
BILLING CODE 6560-50-P