Air Plan Approval; Indiana; Indiana NSR/PSD; Indiana PM2.5, 8610-8612 [2018-03993]
Download as PDF
<![CDATA[
8610
Federal Register / Vol. 83, No. 40 / Wednesday, February 28, 2018 / Rules and Regulations
have evaluated this rule under the
Department’s consultation policy and
have identified substantial direct effects
on federally recognized Indian Tribes
that will result from this rule. This rule
will relieve a regulatory burden from
Tribes and allow time for consultation
on an appropriate replacement or
deletion of regulatory requirements.
of the methods listed in the ADDRESSES
section. To better help us revise the
rule, your comments should be as
specific as possible. For example, you
should tell us the numbers of the
sections or paragraphs that you find
unclear, which sections or sentences are
too long, the sections where you think
lists or tables would be useful, etc.
I. Paperwork Reduction Act
M. E.O. 13771: Reducing Regulation and
Controlling Regulatory Costs
This rule is not an E.O. 13771
regulatory action because this rule is not
significant under E.O. 12866.
This rule contains information
collection requirements, and the Office
of Management and Budget (OMB) has
approved the information collections
under the Paperwork Reduction Act
(PRA) under OMB Control Number
1076–0161, which expires December 31,
2019. Please note that an agency may
not sponsor or request, and an
individual need not respond to, a
collection of information unless it
displays a valid OMB Control Number.
J. National Environmental Policy Act
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the National
Environmental Policy Act of 1969
(‘‘NEPA’’, 42 U.S.C. 4321 et seq.) is not
required because the rule is covered by
a categorical exclusion. This rule is
excluded from the requirement to
prepare a detailed statement because it
is a regulation of an administrative
nature. (For further information, see 43
CFR 46.210(i)) We have also determined
that the rule does not involve any of the
extraordinary circumstances listed in 43
CFR 46.215 that would require further
analysis under NEPA.
K. Effects on the Energy Supply (E.O.
13211)
sradovich on DSK3GMQ082PROD with RULES
BILLING CODE 4337–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0805; EPA–R05–
OAR–2012–0567; FRL–9974–88—Region 5]
Air Plan Approval; Indiana; Indiana
NSR/PSD; Indiana PM2.5 NSR;
Correction
This action corrects
codification errors for New Source
Review (NSR) and Prevention of
Significant Deterioration (PSD) rules in
the Indiana State Implementation Plan
(SIP).
DATES: This final rule is effective on
February 28, 2018.
FOR FURTHER INFORMATION CONTACT:
Paymon Danesh, Environmental
Engineer, Air Permits Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6219,
danesh.paymon@epa.gov.
SUPPLEMENTARY INFORMATION: On two
separate occasions, the Environmental
Protection Agency (EPA) made
inadvertent codification errors when it
SUMMARY:
We are required by Executive Orders
12866 (section 1(b)(12)), and 12988
(section 3(b)(1)(B)), and 13563 (section
1(a)), and by the Presidential
Memorandum of June 1, 1998, to write
all rules in plain language. This means
that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use common, everyday words and
clear language rather than jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
Jkt 244001
[FR Doc. 2018–04103 Filed 2–27–18; 8:45 am]
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
L. Clarity of This Regulation
16:11 Feb 27, 2018
Dated: January 26, 2018.
John Tahsuda,
Principal Deputy Assistant Secretary—Indian
Affairs, exercising the authority of the
Assistant Secretary—Indian Affairs.
AGENCY:
This rulemaking is not a significant
energy action under the definition in
E.O. 13211. A Statement of Energy
Effects is not required.
VerDate Sep<11>2014
List of Subjects in 25 CFR Part 170
Highways and roads, Indians—lands.
■ For the reasons stated in the preamble,
the interim final rule amending 25 CFR
part 170 which was published at 82 FR
50312 on October 31, 2017, is adopted
as final without change.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
approved revisions to Indiana’s SIP. The
first of these took place on October 29,
2012 (77 FR 65478). At that time, EPA
approved revisions to Indiana’s
infrastructure SIP at 326 IAC 2–2–1 and
326 IAC 2–2–4, and amended the list of
EPA-approved Indiana regulations at 40
CFR 52.770(c). In the final rule
published in the Federal Register on
October 29, 2012 (77 FR 65478), on page
65487, EPA mistakenly replaced a
September 28, 2011 approval (76 FR
59899) of those Indiana SIP rules in
their entirety, instead of adding new
entries to the table in 40 CFR 52.770(c)
to identify the approval of the updated
portions of the rules. Furthermore, this
updated portion of 326 IAC 2–2–4 was
incorrectly cited at 40 CFR 52.770(c) as
326 IAC 2–2–4(b)(2)(vi), rather than 326
IAC 2–2–4(b)(2)(A)(vi).
The second action took place on July
2, 2014 (79 FR 37646). At that time, EPA
approved revisions to Indiana’s NSR
and PSD regulations at 326 IAC 2–2–1
and 326 IAC 2–2–4 and amended the
list of EPA approved Indiana regulations
at 40 CFR 52.770(c). In the final rule
published in the Federal Register on
July 2, 2014 (79 FR 37646), on page
37649, EPA mistakenly perpetuated the
error that originated in the October 29,
2012 approval (77 FR 65478): It omitted
the previous September 28, 2011
approval (76 FR 59899) of those Indiana
SIP rules in their entirety. EPA also did
not change the incorrect citation of 326
IAC 2–2–4(b)(2)(A)(vi), as was stated in
the Preamble. Furthermore, also on July
2, 2014 (79 FR 37646), EPA approved
revisions to the Indiana SIP regarding
Indiana’s opacity rule at 326 IAC 5–1–
5(b). On page 37649, EPA made a
codification error at 40 CFR 52.770(c) in
which the list of remaining approved
portions of 326 IAC 5–1–5(b) from a
previous November 8, 1998 rulemaking
(67 FR 46589) were not updated.
This action amends the regulatory text
to correct these errors. Section 553 of
the Administrative Procedure Act, 5
U.S.C. 553(b)(B), provides that, when an
agency for good cause finds that notice
and public procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. We
have determined that there is good
cause for making today’s rule final
without prior proposal and opportunity
for comment because we are merely
correcting incorrect citations in
previous actions. Thus, notice and
public procedure are unnecessary. We
find that this constitutes good cause
under 5 U.S.C. 553(b)(B).
E:\FR\FM\28FER1.SGM
28FER1
8611
Federal Register / Vol. 83, No. 40 / Wednesday, February 28, 2018 / Rules and Regulations
Statutory and Executive Order Reviews
Under Executive Order (E.O.) 12866
(58 FR 51735, October 4, 1993), this
action is not a ‘‘significant regulatory
action’’ and is therefore not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to E.O. 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action is not an E.O.
13771 (82 FR 9339, February 2, 2017)
regulatory action because this action is
not significant under E.O. 12866.
Because the agency has made a ‘‘good
cause’’ finding that this action is not
subject to notice-and-comment
requirements under the Administrative
Procedures Act or any other statute as
indicated in the Supplementary
Information section above, it is not
subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act (5 U.S.C 601 et seq.), or to sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4). In addition, this action does not
significantly or uniquely affect small
governments or impose a significant
intergovernmental mandate, as
described in sections 203 and 204 of
UMRA. 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 E.O. 13175 (65 FR 67249,
November 9, 2000). This rule will not
have substantial direct effects on the
States, on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of governments, as specified by
E.O. 13132 (64 FR 43255, August 10,
1999). This rule also is not subject to
E.O. 13045 (62 FR 19885, April 23,
1997), because it is not economically
significant.
This technical correction action does
not involve technical standards; thus
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. The rule also
does not involve special consideration
of environmental justice related issues
as required by E.O. 12898 (59 FR 7629,
February 16, 1994). In issuing this rule,
EPA has taken the necessary steps to
eliminate drafting errors and ambiguity,
minimize potential litigation, and
provide a clear legal standard for
affected conduct, as required by section
3 of E.O. 12988 (61 FR 4729, February
7, 1996). EPA has complied with E.O.
12630 (53 FR 8859, March 15, 1998) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order. This rule does not impose an
information collection burden under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. This determination must be
supported by a brief statement. 5 U.S.C.
808(2). As stated previously, EPA had
made such a good cause finding,
including the reasons therefore, and
established an effective date of February
28, 2018. EPA will submit a report
containing this rule 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. This correction to
40 CFR 52 for Indiana is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 14, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
Accordingly, 40 CFR part 52 is
corrected by making the following
correcting amendments:
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
(c) is amended by:
■ a. Under ‘‘Article 2. Permit Review
Rules’’, ‘‘Rule 2. Prevention of
Significant Deterioration
Requirements’’, revising the entries for
2–2–1 ‘‘Definitions’’ and 2–2–4 ‘‘Air
quality analysis; requirements’’; and
■ b. Under ‘‘Article 5. Opacity
Regulations’’, ‘‘Rule 1. Opacity
Limitations’’, revising the entries for
5–1–5 ‘‘Violations’’.
The revisions read as follows:
■
§ 52.770
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED INDIANA REGULATIONS
Indiana
citation
*
sradovich on DSK3GMQ082PROD with RULES
Indiana
effective
date
Subject
*
EPA approval date
*
Notes
*
*
*
Article 2. Permit Review Rules
VerDate Sep<11>2014
16:11 Feb 27, 2018
Jkt 244001
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
E:\FR\FM\28FER1.SGM
28FER1
*
8612
Federal Register / Vol. 83, No. 40 / Wednesday, February 28, 2018 / Rules and Regulations
EPA-APPROVED INDIANA REGULATIONS—Continued
Indiana
citation
Indiana
effective
date
Subject
*
*
EPA approval date
*
Notes
*
*
*
*
Rule 2. Prevention of Significant Deterioration (PSD) Requirements
2–2–1 ..
Definitions ...........................
3/16/2011
9/28/2011, 76 FR 59899 ....
2–2–1 ..
2–2–1 ..
Definitions ...........................
Definitions ...........................
7/11/2012
7/11/2012
10/29/2012, 77 FR 65478 ..
7/2/2014, 79 FR 37646 ......
*
Air quality analysis; requirements.
*
3/16/2011
*
9/28/2011, 76 FR 59899 ....
Air quality analysis; requirements.
Air quality analysis; requirements.
7/11/2012
10/29/2012, 77 FR 65478 ..
*
*
*
(a), (b)(1), (b)(2)(A)(i) through (b)(2)(A)(iv), (b)(2)(A)(vi)
through (b)(2)(A)(xiii), (b)(2)(B), (b)(3), (c)(1) through
(c)(3), (c)(5) through (c)(7).
(b)(2)(A)(vi) only.
7/11/2012
7/2/2014, 79 FR 37646 ......
(c)(4) only.
*
*
*
2–2–4 ..
2–2–4 ..
2–2–4 ..
*
*
(a) through (e), (f)(2) through (f)(3), (g) through (cc),
(dd)(2) through (dd)(3), (ee)(1) through (ee)(2), (ff)(1)
through (ff)(6), (gg)(1)(A) through (gg)(1)(B), (gg)(2)
through (gg)(3), (hh) through (rr), (ss)(2) through
(ss)(6), (tt) through (vv), (ww)(1)(A) through
(ww)(1)(E), (ww)(1)(G) through (ww)(1)(W), (ww)(2),
(xx) through (aaa).
(dd)(1), (ff)(7), (ss)(1), (ww)(1)(F) and (ww)(1)(G) only.
(f)(1), (ee)(3), and (gg)(1)(C) only.
*
*
*
Article 5. Opacity Regulations
Rule 1. Opacity Limitations
5–1–5 ..
5–1–5 ..
*
*
Violations ............................
Violations ............................
*
6/11/1993
11/8/1998
*
6/15/1995, 60 FR 31412 ....
7/16/2002, 67 FR 46589 ....
5–1–5 ..
Violations ............................
7/11/2012
7/2/2014, 79 FR 37646 ......
*
*
*
*
*
*
*
*
*
[FR Doc. 2018–03993 Filed 2–27–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0397; FRL–9974–
87—Region 5]
Air Plan Approval; Illinois; Rule Part
225, Control of Emissions From Large
Combustion Sources
Environmental Protection
Agency (EPA).
ACTION: Final rule.
sradovich on DSK3GMQ082PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Illinois state implementation plan
(SIP) to amend requirements applicable
to certain coal-fired electric generating
units (EGUs). These amendments
require the Will County 3 and Joliet 6,
7, and 8 EGUs to permanently cease
SUMMARY:
VerDate Sep<11>2014
16:11 Feb 27, 2018
Jkt 244001
*
*
*
(a) and (c).
(b)(1)(A) through (b)(1)(D), (b)(1)(F) through (b)(1)(I),
(b)(2) through (b)(11).
(b)(1)(E) only.
*
combusting coal; allow other subject
EGUs to cease combusting coal as an
alternative means of compliance with
mercury emission standards; allows the
transfer of an existing sulfur dioxide
(SO2) control technology requirement
exemption from Joliet 6 EGU to Will
County 4 EGU; require all subject EGUs
to comply with a group annual nitrogen
oxide (NOX) emission rate; and require
only those subject EGUs that combust
coal to comply with a group annual SO2
emission rate. EPA proposed this action
on August 31, 2017, and received two
public comments in response.
DATES: This final rule is effective on
March 30, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0397. 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.
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
*
*
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 Charles
Hatten, Environmental Engineer, (312)
886–6031 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
Engineer, Control Strategy Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031,
hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
E:\FR\FM\28FER1.SGM
28FER1
]]>Agencies
[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)]
[Rules and Regulations]
[Pages 8610-8612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03993]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0805; EPA-R05-OAR-2012-0567; FRL-9974-88--Region 5]
Air Plan Approval; Indiana; Indiana NSR/PSD; Indiana PM2.5 NSR;
Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This action corrects codification errors for New Source Review
(NSR) and Prevention of Significant Deterioration (PSD) rules in the
Indiana State Implementation Plan (SIP).
DATES: This final rule is effective on February 28, 2018.
FOR FURTHER INFORMATION CONTACT: Paymon Danesh, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6219, [email protected].
SUPPLEMENTARY INFORMATION: On two separate occasions, the Environmental
Protection Agency (EPA) made inadvertent codification errors when it
approved revisions to Indiana's SIP. The first of these took place on
October 29, 2012 (77 FR 65478). At that time, EPA approved revisions to
Indiana's infrastructure SIP at 326 IAC 2-2-1 and 326 IAC 2-2-4, and
amended the list of EPA-approved Indiana regulations at 40 CFR
52.770(c). In the final rule published in the Federal Register on
October 29, 2012 (77 FR 65478), on page 65487, EPA mistakenly replaced
a September 28, 2011 approval (76 FR 59899) of those Indiana SIP rules
in their entirety, instead of adding new entries to the table in 40 CFR
52.770(c) to identify the approval of the updated portions of the
rules. Furthermore, this updated portion of 326 IAC 2-2-4 was
incorrectly cited at 40 CFR 52.770(c) as 326 IAC 2-2-4(b)(2)(vi),
rather than 326 IAC 2-2-4(b)(2)(A)(vi).
The second action took place on July 2, 2014 (79 FR 37646). At that
time, EPA approved revisions to Indiana's NSR and PSD regulations at
326 IAC 2-2-1 and 326 IAC 2-2-4 and amended the list of EPA approved
Indiana regulations at 40 CFR 52.770(c). In the final rule published in
the Federal Register on July 2, 2014 (79 FR 37646), on page 37649, EPA
mistakenly perpetuated the error that originated in the October 29,
2012 approval (77 FR 65478): It omitted the previous September 28, 2011
approval (76 FR 59899) of those Indiana SIP rules in their entirety.
EPA also did not change the incorrect citation of 326 IAC 2-2-
4(b)(2)(A)(vi), as was stated in the Preamble. Furthermore, also on
July 2, 2014 (79 FR 37646), EPA approved revisions to the Indiana SIP
regarding Indiana's opacity rule at 326 IAC 5-1-5(b). On page 37649,
EPA made a codification error at 40 CFR 52.770(c) in which the list of
remaining approved portions of 326 IAC 5-1-5(b) from a previous
November 8, 1998 rulemaking (67 FR 46589) were not updated.
This action amends the regulatory text to correct these errors.
Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(B),
provides that, when an agency for good cause finds that notice and
public procedure are impracticable, unnecessary or contrary to the
public interest, the agency may issue a rule without providing notice
and an opportunity for public comment. We have determined that there is
good cause for making today's rule final without prior proposal and
opportunity for comment because we are merely correcting incorrect
citations in previous actions. Thus, notice and public procedure are
unnecessary. We find that this constitutes good cause under 5 U.S.C.
553(b)(B).
[[Page 8611]]
Statutory and Executive Order Reviews
Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a ``significant regulatory action'' and is therefore
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to E.O. 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action is not
an E.O. 13771 (82 FR 9339, February 2, 2017) regulatory action because
this action is not significant under E.O. 12866. Because the agency has
made a ``good cause'' finding that this action is not subject to
notice-and-comment requirements under the Administrative Procedures Act
or any other statute as indicated in the Supplementary Information
section above, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C 601 et seq.), or
to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104-4). In addition, this action does not significantly
or uniquely affect small governments or impose a significant
intergovernmental mandate, as described in sections 203 and 204 of
UMRA. 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 E.O. 13175 (65 FR 67249, November 9, 2000). This rule will
not have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of governments,
as specified by E.O. 13132 (64 FR 43255, August 10, 1999). This rule
also is not subject to E.O. 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant.
This technical correction action does not involve technical
standards; thus the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. The rule also does not involve special consideration of
environmental justice related issues as required by E.O. 12898 (59 FR
7629, February 16, 1994). In issuing this rule, EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct, as required by section 3 of E.O. 12988 (61 FR 4729, February
7, 1996). EPA has complied with E.O. 12630 (53 FR 8859, March 15, 1998)
by examining the takings implications of the rule in accordance with
the ``Attorney General's Supplemental Guidelines for the Evaluation of
Risk and Avoidance of Unanticipated Takings'' issued under the
executive order. This rule does not impose an information collection
burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA had made such a good cause finding, including
the reasons therefore, and established an effective date of February
28, 2018. EPA will submit a report containing this rule 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. This correction to
40 CFR 52 for Indiana is not a ``major rule'' as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: February 14, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
Accordingly, 40 CFR part 52 is corrected by making the following
correcting amendments:
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 (c) is amended by:
0
a. Under ``Article 2. Permit Review Rules'', ``Rule 2. Prevention of
Significant Deterioration Requirements'', revising the entries for 2-2-
1 ``Definitions'' and 2-2-4 ``Air quality analysis; requirements''; and
0
b. Under ``Article 5. Opacity Regulations'', ``Rule 1. Opacity
Limitations'', revising the entries for 5-1-5 ``Violations''.
The revisions read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective date EPA approval date Notes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 2. Permit Review Rules
----------------------------------------------------------------------------------------------------------------
[[Page 8612]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 2. Prevention of Significant Deterioration (PSD) Requirements
----------------------------------------------------------------------------------------------------------------
2-2-1............. Definitions............ 3/16/2011 9/28/2011, 76 FR 59899 (a) through (e), (f)(2)
through (f)(3), (g)
through (cc), (dd)(2)
through (dd)(3), (ee)(1)
through (ee)(2), (ff)(1)
through (ff)(6),
(gg)(1)(A) through
(gg)(1)(B), (gg)(2)
through (gg)(3), (hh)
through (rr), (ss)(2)
through (ss)(6), (tt)
through (vv), (ww)(1)(A)
through (ww)(1)(E),
(ww)(1)(G) through
(ww)(1)(W), (ww)(2), (xx)
through (aaa).
2-2-1............. Definitions............ 7/11/2012 10/29/2012, 77 FR (dd)(1), (ff)(7), (ss)(1),
65478. (ww)(1)(F) and (ww)(1)(G)
only.
2-2-1............. Definitions............ 7/11/2012 7/2/2014, 79 FR 37646. (f)(1), (ee)(3), and
(gg)(1)(C) only.
* * * * * * *
2-2-4............. Air quality analysis; 3/16/2011 9/28/2011, 76 FR 59899 (a), (b)(1), (b)(2)(A)(i)
requirements. through (b)(2)(A)(iv),
(b)(2)(A)(vi) through
(b)(2)(A)(xiii),
(b)(2)(B), (b)(3), (c)(1)
through (c)(3), (c)(5)
through (c)(7).
2-2-4............. Air quality analysis; 7/11/2012 10/29/2012, 77 FR (b)(2)(A)(vi) only.
requirements. 65478.
2-2-4............. Air quality analysis; 7/11/2012 7/2/2014, 79 FR 37646. (c)(4) only.
requirements.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 5. Opacity Regulations
----------------------------------------------------------------------------------------------------------------
Rule 1. Opacity Limitations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-1-5............. Violations............. 6/11/1993 6/15/1995, 60 FR 31412 (a) and (c).
5-1-5............. Violations............. 11/8/1998 7/16/2002, 67 FR 46589 (b)(1)(A) through
(b)(1)(D), (b)(1)(F)
through (b)(1)(I), (b)(2)
through (b)(11).
5-1-5............. Violations............. 7/11/2012 7/2/2014, 79 FR 37646. (b)(1)(E) only.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-03993 Filed 2-27-18; 8:45 am]
BILLING CODE 6560-50-P
