Air Plan Approval; Indiana; Volatile Organic Liquid Storage Tank Rules, 23723-23724 [2019-10725]
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Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Rules and Regulations
prohibited unless authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated
representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the COTP or a
designated representative. The COTP’s
representative may be contacted at 412–
221–0807.
(3) All persons and vessels shall
comply with the instructions of the
COTP or a designated representative.
Designated COTP representatives
include United States Coast Guard
commissioned, warrant, and petty
officer.
(d) Information broadcasts. The
Captain COTP or a designated
representative will inform the public
through Local Notice to Mariners
(LNMs), Broadcast Notices to Mariners
(BNMs), and/or Marine Safety
Information Bulletins (MSIBs), as
appropriate.
Dated: May 13, 2019.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2019–10764 Filed 5–22–19; 8:45 am]
BILLING CODE 9110–04–P
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0625. 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 at the
EPA Region 5 office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section for
availability information).
ADDRESSES:
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.
40 CFR Part 52
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
[EPA–R05–OAR–2018–0625; FRL–9994–10–
Region 5]
I. What is being addressed in this
document?
Air Plan Approval; Indiana; Volatile
Organic Liquid Storage Tank Rules
In this action, EPA is approving
amended rule IAC 8–9 Volatile Organic
Liquid Storage Vessels as a revision to
the Indiana SIP. As discussed more fully
in the March 8, 2019 proposed approval
(84 FR 8491), the Indiana Department of
Environmental Management (IDEM)
submitted this amended rule on August
20, 2018 and supplemented the
submittal on September 28, 2018 with
an email clarifying the interpretation of
326 IAC 8–9–6(i)(3). Specifically, the
phrase ‘‘For other liquids,’’ at the
beginning of 326 IAC 8–9–6(i)(3), was
inadvertently retained. This phrase
refers to former section 326 IAC 8–9–
6(i)(2) which has been deleted. IDEM
clarified that this phrase will be ignored
when interpreting and/or implementing
326 IAC 8–9–6(i).
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Indiana Administrative Code (IAC)
rule entitled ‘‘Volatile Organic Liquid
Storage Vessels’’ as part of Indiana’s
State Implementation Plan (SIP). This
rule has been revised to: Allow sources
to use an alternative inspection method
to demonstrate compliance, address an
inconsistency in the language regarding
the calculation of maximum true vapor
pressure, exempt sources complying
with the National Emission Standards
for Hazardous Air Pollutants
requirements for storage tanks equipped
with floating roofs, clarify language,
update references, correct certain errors,
and address standard language and style
changes that have occurred over time
since the rule was last revised. EPA
proposed to approve this rule on March
8, 2019 and received no comments.
SUMMARY:
khammond on DSKBBV9HB2PROD with RULES
This final rule is effective June
24, 2019.
DATES:
VerDate Sep<11>2014
16:07 May 22, 2019
Jkt 247001
II. What comments did we receive on
the proposed rule?
EPA provided a 30-day review and
comment period for the March 8, 2019,
proposed rule. The comment period
ended on April 8, 2019. We received no
comments on EPA’s proposed action.
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
23723
III. What action is EPA taking?
EPA is approving revisions to
Indiana’s SIP pursuant to section 110
and part D of the Clean Air Act (CAA)
because Indiana’s August 20, 2018
submission of rule 326 IAC 8–9, as
supplemented on September 28, 2018, is
consistent with the requirements of the
CAA.
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
State implementation plan, 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.1
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.);
1 62
FR 27968 (May 22, 1997).
E:\FR\FM\23MYR1.SGM
23MYR1
23724
Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Rules and Regulations
• 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 July 22, 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: May 14, 2019.
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
(c) is amended under ‘‘Article 8.
Volatile Organic Compound Rules’’,
under ‘‘Rule 9. Volatile Organic Liquid
Storage Vessels:’’ by revising the entries
for ‘‘8–9–1,’’ ‘‘8–9–2,’’ ‘‘8–9–3,’’ ‘‘8–9–
4,’’ ‘‘8–9–5’’ and ‘‘8–9–6,’’ to read as
follows:
■
§ 52.770
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective
date
Subject
*
*
*
EPA approval date
*
*
Notes
*
*
*
*
Article 8. Volatile Organic Compounds
*
*
*
*
*
Rule 9. Volatile Organic Liquid Storage Vessels:
8–9–1
8–9–2
8–9–3
8–9–4
8–9–5
8–9–6
........................
........................
........................
........................
........................
........................
*
*
*
Applicability ............................................................
Exemptions ............................................................
Definitions ..............................................................
Standards ..............................................................
Testing and procedures .........................................
Record keeping and reporting requirements .........
khammond on DSKBBV9HB2PROD with RULES
*
*
*
*
*
*
7/16/2018
7/16/2018
7/16/2018
7/16/2018
7/16/2018
7/16/2018
*
*
5/23/2019,
5/23/2019,
5/23/2019,
5/23/2019,
5/23/2019,
5/23/2019,
[insert
[insert
[insert
[insert
[insert
[insert
*
Federal Register
Federal Register
Federal Register
Federal Register
Federal Register
Federal Register
*
*
*
citation].
citation].
citation].
citation].
citation].
citation] ........
*
Includes supplemental information provided on 9/
28/2018.
*
*
*
[FR Doc. 2019–10725 Filed 5–22–19; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:07 May 22, 2019
Jkt 247001
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
E:\FR\FM\23MYR1.SGM
23MYR1
]]>Agencies
[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Rules and Regulations]
[Pages 23723-23724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10725]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0625; FRL-9994-10-Region 5]
Air Plan Approval; Indiana; Volatile Organic Liquid Storage Tank
Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Indiana Administrative Code (IAC) rule entitled
``Volatile Organic Liquid Storage Vessels'' as part of Indiana's State
Implementation Plan (SIP). This rule has been revised to: Allow sources
to use an alternative inspection method to demonstrate compliance,
address an inconsistency in the language regarding the calculation of
maximum true vapor pressure, exempt sources complying with the National
Emission Standards for Hazardous Air Pollutants requirements for
storage tanks equipped with floating roofs, clarify language, update
references, correct certain errors, and address standard language and
style changes that have occurred over time since the rule was last
revised. EPA proposed to approve this rule on March 8, 2019 and
received no comments.
DATES: This final rule is effective June 24, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0625. 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 at the EPA Region 5 office (please
contact the person identified in the For Further Information Contact
section for 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,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is being addressed in this document?
In this action, EPA is approving amended rule IAC 8-9 Volatile
Organic Liquid Storage Vessels as a revision to the Indiana SIP. As
discussed more fully in the March 8, 2019 proposed approval (84 FR
8491), the Indiana Department of Environmental Management (IDEM)
submitted this amended rule on August 20, 2018 and supplemented the
submittal on September 28, 2018 with an email clarifying the
interpretation of 326 IAC 8-9-6(i)(3). Specifically, the phrase ``For
other liquids,'' at the beginning of 326 IAC 8-9-6(i)(3), was
inadvertently retained. This phrase refers to former section 326 IAC 8-
9-6(i)(2) which has been deleted. IDEM clarified that this phrase will
be ignored when interpreting and/or implementing 326 IAC 8-9-6(i).
II. What comments did we receive on the proposed rule?
EPA provided a 30-day review and comment period for the March 8,
2019, proposed rule. The comment period ended on April 8, 2019. We
received no comments on EPA's proposed action.
III. What action is EPA taking?
EPA is approving revisions to Indiana's SIP pursuant to section 110
and part D of the Clean Air Act (CAA) because Indiana's August 20, 2018
submission of rule 326 IAC 8-9, as supplemented on September 28, 2018,
is consistent with the requirements of the CAA.
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 State implementation plan, 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.\1\
---------------------------------------------------------------------------
\1\ 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.);
[[Page 23724]]
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 July 22, 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: May 14, 2019.
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 (c) is amended under
``Article 8. Volatile Organic Compound Rules'', under ``Rule 9.
Volatile Organic Liquid Storage Vessels:'' by revising the entries for
``8-9-1,'' ``8-9-2,'' ``8-9-3,'' ``8-9-4,'' ``8-9-5'' and ``8-9-6,'' to
read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective EPA approval date Notes
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 8. Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 9. Volatile Organic Liquid Storage Vessels:
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8-9-1...................... Applicability......... 7/16/2018 5/23/2019, [insert
Federal Register
citation].
8-9-2...................... Exemptions............ 7/16/2018 5/23/2019, [insert
Federal Register
citation].
8-9-3...................... Definitions........... 7/16/2018 5/23/2019, [insert
Federal Register
citation].
8-9-4...................... Standards............. 7/16/2018 5/23/2019, [insert
Federal Register
citation].
8-9-5...................... Testing and procedures 7/16/2018 5/23/2019, [insert
Federal Register
citation].
8-9-6...................... Record keeping and 7/16/2018 5/23/2019, [insert Includes supplemental
reporting Federal Register information provided
requirements. citation]. on 9/28/2018.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-10725 Filed 5-22-19; 8:45 am]
BILLING CODE 6560-50-P
