Air Plan Approval; Indiana; Reasonable Further Progress Plan and Other Plan Elements for the Chicago Nonattainment Area for the 2008 Ozone Standard, 3711-3712 [2019-02212]
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Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Rules and Regulations
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[FR Doc. 2019–02021 Filed 2–12–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0147; FRL–9989–33–
Region 5]
Air Plan Approval; Indiana;
Reasonable Further Progress Plan and
Other Plan Elements for the Chicago
Nonattainment Area for the 2008
Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Indiana State Implementation Plan
(SIP) to meet the base year emissions
inventory, reasonable further progress
(RFP), RFP contingency measure,
nonattainment new source review
(nonattainment NSR), volatile organic
compound (VOC) reasonably available
control technology (RACT), and motor
vehicle inspection and maintenance (I/
M) requirements of the Clean Air Act
(CAA) for the Indiana portion of the
Chicago-Naperville, Illinois-IndianaWisconsin area (Chicago area) for the
2008 ozone national ambient air quality
standard (NAAQS or standard). EPA is
also approving the 2017 transportation
conformity motor vehicle emissions
budgets (MVEBs) for the Indiana portion
of the Chicago area for the 2008 ozone
NAAQS. EPA is approving the state’s
submission as a SIP revision pursuant to
section 110 and part D of the CAA and
EPA’s regulations because it satisfies the
emission inventory, RFP, RFP
contingency measure, nonattainment
NSR, VOC RACT, I/M, and
transportation conformity requirements
for areas classified as moderate
nonattainment for the 2008 ozone
NAAQS. This final action permanently
stops the Federal Implementation Plan
(FIP) clock triggered by EPA’s February
3, 2017 finding that Indiana failed to
submit a marginal ozone nonattainment
NSR plan. EPA proposed to approve
these provisions on August 28, 2018 and
received public comments.
DATES: This final rule is effective March
15, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0147. All
documents in the docket are listed in
the https://www.regulations.gov website.
Although listed in the index, some
khammond on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:46 Feb 12, 2019
Jkt 247001
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,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either 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:
Kathleen D’Agostino, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. What is being addressed in this
document?
This rule addresses revisions to the
Indiana SIP submitted by the Indiana
Department of Environmental
Management (IDEM) on February 28,
2017 and supplemented on January 9,
2018. EPA is approving a number of
nonattainment plan elements included
in that submission, specifically a
revised 2011 base year emissions
inventory for VOC and oxides of
nitrogen (NOX), a 15% RFP plan, a 3%
RFP contingency measure plan, 2017
VOC and NOX motor vehicle emissions
budgets, a nonattainment NSR
certification, a VOC RACT certification,
and an enhanced I/M certification. The
background for this action is discussed
in detail in EPA’s proposal, dated
August 28, 2018 (83 FR 43825). As
discussed in the proposal, final
approval of Indiana’s nonattainment
NSR certification permanently stops the
FIP clock triggered by EPA’s February 3,
2017 finding that Indiana failed to
submit a marginal ozone nonattainment
NSR plan.
II. What comments did we receive on
the proposed rule?
EPA provided a 30-day review and
comment period for the August 28,
2018, proposed rule. The comment
period ended on September 27, 2018.
We received a number of anonymous
comments that address subjects outside
the scope of our proposed action, do not
explain (or provide a legal basis for)
how the proposed action should differ
in any way, and make no specific
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
3711
mention of the substantive aspects of
the proposed action. Consequently,
these comments are not germane to this
rulemaking and require no further
response. In addition, one commenter
submitted several comments that do not
suggest a change in or specific problems
with our proposed action. Therefore,
these comments also require no further
response.
III. What action is EPA taking?
Based on the above and the
information contained in EPA’s
proposed rule, EPA is approving
revisions to Indiana’s SIP pursuant to
section 110 and part D of the CAA and
EPA’s regulations because Indiana’s
February 28, 2017 nonattainment plan
submission and January 1, 2018,
supplement satisfy the emissions
inventory, RFP, RFP contingency
measures, transportation conformity,
VOC RACT, I/M, and nonattainment
moderate area NSR requirements of the
CAA for the Indiana portion of the
Chicago area for the 2008 ozone
NAAQS. Final approval of Indiana’s SIP
as meeting these nonattainment NSR
requirements of the CAA for the 2008
ozone NAAQS permanently stops the
and FIP clock triggered by EPA’s
February 3, 2017 finding that Indiana
failed to submit a marginal ozone
nonattainment NSR plan.
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
E:\FR\FM\13FER1.SGM
13FER1
3712
Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Rules and Regulations
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 15, 2019. 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
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
Dated: December 21, 2018.
James O. Payne,
Acting 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 an entry in
alphabetical order for ‘‘Lake and Porter
Counties 2008 8-hour Ozone Moderate
Planning Elements’’ to read as follows:
■
§ 52.770
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Identification of plan.
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(e) * * *
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EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
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Lake and Porter Counties
2008 8-hour Ozone Moderate Planning Elements.
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2/28/2017 and 1/9/2018 .....
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EPA approval
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2/13/2019, [Insert Federal
Register citation].
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[FR Doc. 2019–02212 Filed 2–12–19; 8:45 am]
BILLING CODE 6560–50–P
Explanation
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2011 base year emissions inventory, Reasonable Further Progress (RFP) plan, RFP contingency measure
plan, 2017 VOC and NOX motor vehicle emissions
budgets, nonattainment new source review certification, VOC reasonable further progress certification, and enhanced motor vehicle inspection and
maintenance program certification.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
khammond on DSKBBV9HB2PROD with RULES
[EPA–R05–OAR–2018–0600; FRL–9989–36–
Region 5]
Air Plan Approval; Indiana; Negative
Declarations for Commercial and
Industrial Solid Waste Incineration and
Sewage Sludge Incineration Units for
Designated Facilities and Pollutants
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
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Final rule.
The Environmental Protection
Agency (EPA) is notifying the public
that we have received from Indiana
requests for withdrawals of the
previously approved state plans and
notification of negative declarations for
Commercial and Industrial Solid Waste
Incineration (CISWI) units and Sewage
Sludge Incineration (SSI) units. The
Indiana Department of Environmental
Management (IDEM) submitted its
CISWI withdrawal and negative
declaration by letter dated July 31, 2017
and its SSI withdrawal and negative
SUMMARY:
E:\FR\FM\13FER1.SGM
13FER1
Agencies
[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Rules and Regulations]
[Pages 3711-3712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02212]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2017-0147; FRL-9989-33-Region 5]
Air Plan Approval; Indiana; Reasonable Further Progress Plan and
Other Plan Elements for the Chicago Nonattainment Area for the 2008
Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Indiana State Implementation Plan (SIP) to meet the
base year emissions inventory, reasonable further progress (RFP), RFP
contingency measure, nonattainment new source review (nonattainment
NSR), volatile organic compound (VOC) reasonably available control
technology (RACT), and motor vehicle inspection and maintenance (I/M)
requirements of the Clean Air Act (CAA) for the Indiana portion of the
Chicago-Naperville, Illinois-Indiana-Wisconsin area (Chicago area) for
the 2008 ozone national ambient air quality standard (NAAQS or
standard). EPA is also approving the 2017 transportation conformity
motor vehicle emissions budgets (MVEBs) for the Indiana portion of the
Chicago area for the 2008 ozone NAAQS. EPA is approving the state's
submission as a SIP revision pursuant to section 110 and part D of the
CAA and EPA's regulations because it satisfies the emission inventory,
RFP, RFP contingency measure, nonattainment NSR, VOC RACT, I/M, and
transportation conformity requirements for areas classified as moderate
nonattainment for the 2008 ozone NAAQS. This final action permanently
stops the Federal Implementation Plan (FIP) clock triggered by EPA's
February 3, 2017 finding that Indiana failed to submit a marginal ozone
nonattainment NSR plan. EPA proposed to approve these provisions on
August 28, 2018 and received public comments.
DATES: This final rule is effective March 15, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2017-0147. All documents in the docket are listed in
the https://www.regulations.gov website. 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, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either 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: Kathleen D'Agostino, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is being addressed in this document?
This rule addresses revisions to the Indiana SIP submitted by the
Indiana Department of Environmental Management (IDEM) on February 28,
2017 and supplemented on January 9, 2018. EPA is approving a number of
nonattainment plan elements included in that submission, specifically a
revised 2011 base year emissions inventory for VOC and oxides of
nitrogen (NOX), a 15% RFP plan, a 3% RFP contingency measure
plan, 2017 VOC and NOX motor vehicle emissions budgets, a
nonattainment NSR certification, a VOC RACT certification, and an
enhanced I/M certification. The background for this action is discussed
in detail in EPA's proposal, dated August 28, 2018 (83 FR 43825). As
discussed in the proposal, final approval of Indiana's nonattainment
NSR certification permanently stops the FIP clock triggered by EPA's
February 3, 2017 finding that Indiana failed to submit a marginal ozone
nonattainment NSR plan.
II. What comments did we receive on the proposed rule?
EPA provided a 30-day review and comment period for the August 28,
2018, proposed rule. The comment period ended on September 27, 2018. We
received a number of anonymous comments that address subjects outside
the scope of our proposed action, do not explain (or provide a legal
basis for) how the proposed action should differ in any way, and make
no specific mention of the substantive aspects of the proposed action.
Consequently, these comments are not germane to this rulemaking and
require no further response. In addition, one commenter submitted
several comments that do not suggest a change in or specific problems
with our proposed action. Therefore, these comments also require no
further response.
III. What action is EPA taking?
Based on the above and the information contained in EPA's proposed
rule, EPA is approving revisions to Indiana's SIP pursuant to section
110 and part D of the CAA and EPA's regulations because Indiana's
February 28, 2017 nonattainment plan submission and January 1, 2018,
supplement satisfy the emissions inventory, RFP, RFP contingency
measures, transportation conformity, VOC RACT, I/M, and nonattainment
moderate area NSR requirements of the CAA for the Indiana portion of
the Chicago area for the 2008 ozone NAAQS. Final approval of Indiana's
SIP as meeting these nonattainment NSR requirements of the CAA for the
2008 ozone NAAQS permanently stops the and FIP clock triggered by EPA's
February 3, 2017 finding that Indiana failed to submit a marginal ozone
nonattainment NSR plan.
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
[[Page 3712]]
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 15, 2019. 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
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.
Dated: December 21, 2018.
James O. Payne,
Acting 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 ``Lake and Porter Counties 2008 8-hour
Ozone Moderate Planning Elements'' 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Lake and Porter Counties 2008 8- 2/28/2017 and 1/9/2018 2/13/2019, [Insert 2011 base year emissions
hour Ozone Moderate Planning Federal Register inventory, Reasonable
Elements. citation]. Further Progress (RFP)
plan, RFP contingency
measure plan, 2017 VOC and
NOX motor vehicle
emissions budgets,
nonattainment new source
review certification, VOC
reasonable further
progress certification,
and enhanced motor vehicle
inspection and maintenance
program certification.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-02212 Filed 2-12-19; 8:45 am]
BILLING CODE 6560-50-P