Air Plan Approval; Indiana; Attainment Plan for Indianapolis and Terre Haute SO2, 10692-10694 [2019-05282]
Download as PDF
<![CDATA[
10692
Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Rules and Regulations
EPA-APPROVED SOUTH CAROLINA REGULATIONS—Continued
State
effective
date
State citation
Title/subject
Section III .......................
Definitions and Conditions.
Public Participation .......
Nitrogen Oxides (NOX)
and Sulfur Dioxide
(SO2) Budget Trading
Program General Provisions.
Cross-State Air Pollution
Rule (CSAPR) Trading Program.
Nitrogen Oxides (NOX)
Budget Program Requirements for Stationary Sources Not in
the Trading Program.
Ethics Reform Act.
Definitions .....................
Use of official position
or office for financial
gain; disclosure of potential conflict of interest.
Membership on or employment by regulatory agency of person associated with
regulated business.
Section IV ......................
Regulation No. 62.96 .....
Regulation No. 62.97 .....
Regulation No. 62.99 .....
S.C. Code Ann. .............
Section 8–13–100(31) ...
Section 8–13–700(A)
and (B).
Section 8–13–730 ..........
EPA approval
date
5/23/1986
5/28/1987, 52 FR 19858.
5/23/1986
10/24/2008
5/28/1987, 52 FR 19858.
10/16/2009, 74 FR
53167.
8/25/2017
10/13/2017, 82 FR
47936.
5/24/2002
6/28/2002, 67 FR 43546.
1/1/1992
1/1/1992
8/1/2012, 77 FR 45492.
8/1/2012, 77 FR 45492.
1/1/1992
8/1/2012, 77 FR 45492.
Explanation
(d) EPA-Approved State sourcespecific requirements.
EPA-APPROVED SOUTH CAROLINA STATE SOURCE-SPECIFIC REQUIREMENTS
Name of source
Transcontinental Gas
Pipeline Corporation
Station 140.
*
*
*
*
2060–0179–CD .............
*
[FR Doc. 2019–04499 Filed 3–21–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2015–0700; FRL–9991–10–
Region 5]
Air Plan Approval; Indiana; Attainment
Plan for Indianapolis and Terre Haute
SO2 Nonattainment Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve State Implementation Plan
SUMMARY:
VerDate Sep<11>2014
State
effective
date
Permit No.
16:22 Mar 21, 2019
Jkt 247001
4/27/2004
EPA approval
date
Comments
4/23/2009, 74 FR 18471
This permit is incorporated in fulfillment of the
NOX SIP Call Phase II requirements for South
Carolina.
(SIP) revisions that Indiana submitted to
EPA on October 2, 2015 for attaining the
2010 sulfur dioxide (SO2) national
ambient air quality standard (NAAQS)
for the Indianapolis (Marion County)
and Terre Haute (Vigo County) areas.
EPA proposed this action on August 15,
2018 and did not receive any relevant
public comments. These revisions
(herein called the ‘‘attainment plans’’ or
‘‘plans’’) include Indiana’s attainment
demonstration and other elements
required under the Clean Air Act (CAA)
for the two areas. In addition to an
attainment demonstration, the plans
address: The requirement for meeting
reasonable further progress (RFP)
toward attainment of the NAAQS,
reasonably available control measures
and reasonably available control
technology (RACM/RACT), emission
inventories, and contingency measures.
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
EPA further concludes that Indiana has
demonstrated that the plans provide for
attainment of the 2010 SO2 NAAQS in
the Indianapolis and Terre Haute areas
by the attainment date of October 4,
2018.
This final rule is effective on
April 22, 2019.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2015–0700. 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
ADDRESSES:
E:\FR\FM\22MRR1.SGM
22MRR1
Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Rules and Regulations
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 Sarah
Arra, Environmental Scientist, at 312–
886–9401 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Sarah Arra, 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) 886–9401,
Arra.Sarah@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What action did EPA propose and why?
II. What comments did EPA receive, and
what are EPA’s responses?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What action did EPA propose and
why?
On August 15, 2018 (83 FR 40487),
EPA proposed to approve an attainment
plan submittal as a revision to Indiana’s
SIP, submitted on October 2, 2015, for
the 2010 SO2 NAAQS for the
Indianapolis (Marion County),
Southwest Indiana (Daviess and Pike
Counties), and Terre Haute (Vigo
County) areas. This action finalizes
approval for the Indianapolis and Terre
Haute areas only.
The dispersion modeling results
submitted by Indiana show design
values that are less than the standard of
75 parts per billion (ppb), specifically
73 ppb for the Indianapolis area and
72.6 ppb for the Terre Haute area. EPA
proposed that these areas demonstrate
attainment of the 2010 SO2 standard and
meet the applicable requirements of
CAA sections 110, 172, 191, and 192
including emission inventories, RACT/
RACM, RFP, and contingency measures,
and that Indiana has previously
addressed requirements regarding
nonattainment area new source review
(NSR).
II. What comments did EPA receive,
and what are EPA’s responses?
EPA’s August 15, 2018 proposed
action received one public comment
VerDate Sep<11>2014
16:22 Mar 21, 2019
Jkt 247001
pertaining to the Southwest Indiana
area, but no comments pertaining to the
Indianapolis and Terre Haute areas.
Because this final action is acting on the
Indianapolis and Terre Haute areas
only, EPA will respond to the comment
for the Southwest Indiana in the
applicable, separate rulemaking. EPA
also received two 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.
III. What action is EPA taking?
EPA is approving Indiana’s
attainment plans as submitted to EPA
on October 2, 2015, as a revision to
Indiana’s SIP, for attaining the 2010 SO2
NAAQS for the Indianapolis (Marion
County) and Terre Haute (Vigo County)
areas. The attainment plans include
Indiana’s attainment demonstrations for
the Indianapolis and Terre Haute
nonattainment areas using dispersion
modeling to demonstrate that the
emission limits that Indiana adopted
into 326 Indiana Administrative Code
Article 7, and submitted for EPA
approval, provide for air quality meeting
the SO2 NAAQS.
The attainment plans also satisfy
requirements for emission inventories,
RACT/RACM, RFP, and contingency
measures. Additionally, Indiana has
previously addressed requirements
regarding nonattainment area NSR
rules 1. Therefore, EPA has determined
that Indiana’s SO2 attainment plans
meet the applicable requirements of
CAA sections 110, 172, 191, and 192.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Indiana Regulations
described in the amendments to 40 CFR
part 52 set forth below. EPA has made,
and will continue to make, these
documents generally available through
www.regulations.gov, and at the EPA
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
1 See
PO 00000
94 FR 24838 (October 7, 1994).
Frm 00029
Fmt 4700
Sfmt 4700
10693
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.2
V. 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
2 62
FR 27968 (May 22, 1997).
E:\FR\FM\22MRR1.SGM
22MRR1
10694
Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Rules and Regulations
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 May 21, 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).)
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) under the heading ‘‘Article 7. Sulfur
Dioxide Rules’’ is amended by:
■
a. Adding, in numerical order, an
entry for ‘‘7–1.1–3’’ under ‘‘Rule 1.1.
Sulfur Dioxide Emission Limitations’’;
■
b. Revising the entry for ‘‘7–2–1’’
under ‘‘Rule 2. Compliance’’;
■
c. Removing the entries for ‘‘7–4–2’’
and ‘‘7–4–3’’; and
■
d. Adding, in numerical order, the
entries for ‘‘7–4–2.1’’ and ‘‘7–4–3.1’’
under ‘‘Rule 4. Emission Limitations
and Requirements by County’’.
List of Subjects in 40 CFR Part 52
■
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
The additions and revisions read as
follows:
Dated: March 11, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
§ 52.770
*
40 CFR part 52 is amended as follows:
*
Identification of plan.
*
*
*
(c) * * *
EPA-APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective
date
Subject
*
*
*
EPA approval date
*
*
Notes
*
*
Article 7. Sulfur Dioxide Rules
Rule 1.1 Sulfur Dioxide Emission Limitations
*
7–1.1–3 ..................
*
*
Compliance Date ....................................
*
10/5/2015
*
*
3/22/2019, [Insert Federal Register citation].
*
Rule 2. Compliance
7–2–1 .....................
Reporting Requirements; methods to
determine compliance.
*
*
*
10/5/2015
*
3/22/2019, [Insert Federal Register citation].
*
*
*
Rule 4. Emission Limitations and Requirements by County
7–4–2.1 ..................
7–4–3.1 ..................
Marion County sulfur dioxide emission
limitations.
Vigo County sulfur dioxide emission limitations.
*
*
*
*
*
*
*
1/1/2017
1/1/2017
*
3/22/2019, [Insert Federal Register citation].
3/22/2019, [Insert Federal Register citation].
*
*
*
[FR Doc. 2019–05282 Filed 3–21–19; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
17:19 Mar 21, 2019
Jkt 247001
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
E:\FR\FM\22MRR1.SGM
22MRR1
*
]]>Agencies
[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Rules and Regulations]
[Pages 10692-10694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05282]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0700; FRL-9991-10-Region 5]
Air Plan Approval; Indiana; Attainment Plan for Indianapolis and
Terre Haute SO2 Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve State Implementation Plan (SIP) revisions that
Indiana submitted to EPA on October 2, 2015 for attaining the 2010
sulfur dioxide (SO2) national ambient air quality standard
(NAAQS) for the Indianapolis (Marion County) and Terre Haute (Vigo
County) areas. EPA proposed this action on August 15, 2018 and did not
receive any relevant public comments. These revisions (herein called
the ``attainment plans'' or ``plans'') include Indiana's attainment
demonstration and other elements required under the Clean Air Act (CAA)
for the two areas. In addition to an attainment demonstration, the
plans address: The requirement for meeting reasonable further progress
(RFP) toward attainment of the NAAQS, reasonably available control
measures and reasonably available control technology (RACM/RACT),
emission inventories, and contingency measures. EPA further concludes
that Indiana has demonstrated that the plans provide for attainment of
the 2010 SO2 NAAQS in the Indianapolis and Terre Haute areas
by the attainment date of October 4, 2018.
DATES: This final rule is effective on April 22, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2015-0700. 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
[[Page 10693]]
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 Sarah Arra,
Environmental Scientist, at 312-886-9401 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Sarah Arra, 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) 886-9401, Arra.Sarah@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What action did EPA propose and why?
II. What comments did EPA receive, and what are EPA's responses?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What action did EPA propose and why?
On August 15, 2018 (83 FR 40487), EPA proposed to approve an
attainment plan submittal as a revision to Indiana's SIP, submitted on
October 2, 2015, for the 2010 SO2 NAAQS for the Indianapolis
(Marion County), Southwest Indiana (Daviess and Pike Counties), and
Terre Haute (Vigo County) areas. This action finalizes approval for the
Indianapolis and Terre Haute areas only.
The dispersion modeling results submitted by Indiana show design
values that are less than the standard of 75 parts per billion (ppb),
specifically 73 ppb for the Indianapolis area and 72.6 ppb for the
Terre Haute area. EPA proposed that these areas demonstrate attainment
of the 2010 SO2 standard and meet the applicable
requirements of CAA sections 110, 172, 191, and 192 including emission
inventories, RACT/RACM, RFP, and contingency measures, and that Indiana
has previously addressed requirements regarding nonattainment area new
source review (NSR).
II. What comments did EPA receive, and what are EPA's responses?
EPA's August 15, 2018 proposed action received one public comment
pertaining to the Southwest Indiana area, but no comments pertaining to
the Indianapolis and Terre Haute areas. Because this final action is
acting on the Indianapolis and Terre Haute areas only, EPA will respond
to the comment for the Southwest Indiana in the applicable, separate
rulemaking. EPA also received two 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.
III. What action is EPA taking?
EPA is approving Indiana's attainment plans as submitted to EPA on
October 2, 2015, as a revision to Indiana's SIP, for attaining the 2010
SO2 NAAQS for the Indianapolis (Marion County) and Terre
Haute (Vigo County) areas. The attainment plans include Indiana's
attainment demonstrations for the Indianapolis and Terre Haute
nonattainment areas using dispersion modeling to demonstrate that the
emission limits that Indiana adopted into 326 Indiana Administrative
Code Article 7, and submitted for EPA approval, provide for air quality
meeting the SO2 NAAQS.
The attainment plans also satisfy requirements for emission
inventories, RACT/RACM, RFP, and contingency measures. Additionally,
Indiana has previously addressed requirements regarding nonattainment
area NSR rules \1\. Therefore, EPA has determined that Indiana's
SO2 attainment plans meet the applicable requirements of CAA
sections 110, 172, 191, and 192.
---------------------------------------------------------------------------
\1\ See 94 FR 24838 (October 7, 1994).
---------------------------------------------------------------------------
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov, and at the EPA Region
5 Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\2\
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. 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
[[Page 10694]]
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 May 21, 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, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: March 11, 2019.
Cheryl L. Newton,
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 (c) under the heading
``Article 7. Sulfur Dioxide Rules'' is amended by:
0
a. Adding, in numerical order, an entry for ``7-1.1-3'' under ``Rule
1.1. Sulfur Dioxide Emission Limitations'';
0
b. Revising the entry for ``7-2-1'' under ``Rule 2. Compliance'';
0
c. Removing the entries for ``7-4-2'' and ``7-4-3''; and
0
d. Adding, in numerical order, the entries for ``7-4-2.1'' and ``7-4-
3.1'' under ``Rule 4. Emission Limitations and Requirements by
County''.
The additions and 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 7. Sulfur Dioxide Rules
Rule 1.1 Sulfur Dioxide Emission Limitations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
7-1.1-3.................... Compliance Date... 10/5/2015 3/22/2019, [Insert
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Rule 2. Compliance
----------------------------------------------------------------------------------------------------------------
7-2-1...................... Reporting 10/5/2015 3/22/2019, [Insert
Requirements; Federal Register
methods to citation].
determine
compliance.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 4. Emission Limitations and Requirements by County
----------------------------------------------------------------------------------------------------------------
7-4-2.1.................... Marion County 1/1/2017 3/22/2019, [Insert
sulfur dioxide Federal Register
emission citation].
limitations.
7-4-3.1.................... Vigo County sulfur 1/1/2017 3/22/2019, [Insert
dioxide emission Federal Register
limitations. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-05282 Filed 3-21-19; 8:45 am]
BILLING CODE 6560-50-P
