Air Plan Approval; Indiana; Attainment Plan for the Morgan County Sulfur Dioxide Nonattainment Area, 49659-49661 [2019-20130]
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Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations
contributions has been suspended for 6
months.
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Kirsten Wielobob,
Deputy Commissioner for Services and
Enforcement.
Approved: September 5, 2019.
David J. Kautter,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2019–20511 Filed 9–19–19; 4:15 pm]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2015–0700; FRL–9999–77–
Region 5]
Air Plan Approval; Indiana; Attainment
Plan for the Morgan County Sulfur
Dioxide Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving as a State
Implementation Plan (SIP) revision the
Morgan County-related elements of an
Indiana submission to EPA dated
October 2, 2015, as supplemented on
November 15, 2017, June 7, 2017,
February 8, 2019, and February 12,
2019. EPA concludes that Indiana has
appropriately demonstrated that the
plan provisions provide for attainment
of the 2010 sulfur dioxide (SO2)
National Ambient Air Quality Standard
(NAAQS) in the Morgan County area by
the applicable attainment date and that
the plan meets the other applicable
requirements under the Clean Air Act.
DATES: This final rule is effective on
October 23, 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
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
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SUMMARY:
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John
Summerhays at EPA Region 5,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6067,
summerhays.john@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Summary of EPA’s Notice of
Proposed Rulemaking
Following the promulgation in 2010
of a 1-hour primary SO2 NAAQS, EPA
designated two townships in Morgan
County, Indiana as nonattainment for
this NAAQS, in conjunction with
designating three other areas in Indiana
and multiple areas in other states as
nonattainment as well. On October 2,
2015, Indiana submitted plans
addressing all four of its SO2
nonattainment areas. EPA is taking
separate action on Indiana’s plans for its
other nonattainment areas: EPA
proposed action on plans for the other
three areas (Indianapolis, Terre Haute
and Southwest Indiana) on August 15,
2018, at 83 FR 40487, and took final
action on the plans for Indianapolis and
Terre Haute on March 22, 2019, at 84 FR
10692. EPA continues separate review
of the plan for Southwest Indiana.
In addition to its October 2, 2015
submittal, Indiana made four
supplemental submittals, three of which
are relevant specifically to Morgan
County. While the October 2, 2015
submittal included rules that imposed
work practice requirements on both the
Indianapolis Power and Light-Eagle
Valley power plant (IP&L-Eagle Valley)
and Hydraulic Press Brick, Indiana
rescinded the submittal of the
requirements for Hydraulic Press Brick
on June 7, 2017. However, Indiana then
withdrew this rescission on February
12, 2019, reactivating its request for EPA
to approve these requirements. On
February 8, 2019, Indiana submitted
additional analysis for Morgan County
to demonstrate that use of a more
conservative approach to estimating
background concentrations in this area
also resulted in the conclusion that the
area is attaining the SO2 NAAQS. In
addition, on November 15, 2017,
Indiana provided clarifications on its
inventory procedures and other
elements of its four nonattainment
plans.
EPA published a notice of proposed
rulemaking addressing Indiana’s plan
for the Morgan County SO2
nonattainment area on July 9, 2019, at
84 FR 32672. EPA proposed to approve
rules that require IP&L-Eagle Valley to
burn natural gas (rather than coal) in its
primary boilers and that require
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49659
Hydraulic Press Brick to conduct dry
sorbent injection sufficient to achieve 50
percent emission reduction (except to
the extent that this control is not
necessary for SO2 emissions to be below
2.5 pounds per million British Thermal
Units). EPA proposed to conclude that
Indiana has demonstrated that these
requirements provide for the Morgan
County area to attain the SO2 NAAQS.
Finally, EPA proposed to conclude that
Indiana has satisfied the other
applicable requirements for
nonattainment areas, including
requirements for a suitable emissions
inventory, for reasonably available
control measures/reasonably available
control technology (RACM/RACT), for
reasonable further progress (RFP), and
for contingency measures.
II. Comments
EPA received no comments on its
notice of proposed rulemaking. EPA
also has no other reason to reevaluate its
proposed approval of Indiana’s plan for
the Morgan County SO2 nonattainment
area.
III. EPA’s Final Action
EPA is approving Indiana’s SIP
submission for the Morgan County SO2
nonattainment area, which the state
submitted to EPA on October 2, 2015
and supplemented on June 7, 2017,
November 15, 2017, February 8, 2019,
and February 12, 2019. This SO2
nonattainment plan included Indiana’s
attainment demonstration for this area.
The nonattainment plan also addressed
requirements for emission inventories,
RACT/RACM, RFP, and contingency
measures. Indiana has previously
addressed requirements regarding
nonattainment area new source review
(NSR). EPA has determined that
Indiana’s SO2 nonattainment plan for
Morgan County meets the applicable
requirements of Clean Air Act sections
110, 172, 191, and 192.
The rules that underpin Indiana’s
attainment plan for Morgan County
include three rules. Indiana
Administrative Code, Title 326, Rule 7–
4–11.1 (326 IAC 7–4–11.1, entitled
‘‘Morgan County sulfur dioxide
emission limitations’’) imposes the work
practice requirements described above.
Indiana’s SO2 nonattainment plans also
include two rules specifying compliance
provisions, namely Rule 326 IAC 7–1.1–
3 (entitled ‘‘Compliance date’’) and Rule
326 IAC 7–2–1 (entitled ‘‘Reporting
requirements; methods to determine
compliance’’). However, EPA has
already approved these two compliance
rules, as part of final action to approve
Indiana’s plan for the Indianapolis and
Terre Haute areas. Therefore, while EPA
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Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations
reaffirms the role of these two rules in
the Morgan County plan, EPA need not
reapprove and is not reapproving these
rules as part of today’s action. Instead,
the codification for this rule only adds
the approval of Morgan County limits in
Rule 326 IAC 7–4–11.1.
In addition to codifying approval of
these rules, EPA is also codifying its
approval of Indiana’s attainment plan
for Morgan County. EPA’s prior action
to approve the attainment plans for the
Indianapolis and Terre Haute areas
(published March 22, 2019 at 84 FR
10692) did not codify approval of those
plans; for administrative convenience,
codification of those approvals is
included with the codification of this
action.
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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 an Indiana regulation
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
applicable 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 Clean
Air Act 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 Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act 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 Clean Air Act. 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
1 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
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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 Clean Air Act;
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,
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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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 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, Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 4, 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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.770 is amended:
a. In the table in paragraph (c), under
‘‘Article 7. Sulfur Dioxide Rules’’, ‘‘Rule
4. Emission Limitations and
Requirements by County’’, by removing
the entry for ‘‘7–4–11’’ and adding in its
place an entry for ‘‘7–4–11.1’’; and
■ b. In the table in paragraph (e) by:
■ i. Adding an entry for ‘‘Indianapolis
2010 Sulfur Dioxide (SO2) Attainment
Plan’’ after the entry for ‘‘Indianapolis
Hydrocarbon Control Strategy’’;
■ ii. Adding an entry for ‘‘Morgan
County 2010 Sulfur Dioxide (SO2)
Attainment Plan’’ before the entry for
‘‘Muncie 1997 8-hour ozone
maintenance plan’’; and
■ iii. Adding an entry for ‘‘Terre Haute
2010 Sulfur Dioxide (SO2) Attainment
Plan’’ before the entry for ‘‘Terre Haute
2010 Sulfur Dioxide (SO2) maintenance
plan’’.
The revision and additions read as
follows:
■
■
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Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations
§ 52.770
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Identification of plan.
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(c) * * *
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EPA-APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective
date
Subject
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EPA approval date
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Notes
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Article 7. Sulfur Dioxide Rules
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Rule 4. Emission Limitations and Requirements by County
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7–4–11.1 .................
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Morgan County sulfur dioxide emission
limitations.
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7/5/2019
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9/23/2019, [insert Federal Register
citation]
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(e) * * *
EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
Explanation
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Indianapolis 2010 Sulfur Dioxide (SO2) Attainment
Plan.
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3/22/2019, 84 FR 10692 ........................................
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10/2/15
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Morgan County 2010 Sulfur Dioxide (SO2) Attainment Plan.
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9/23/2019, [insert Federal Register citation] .........
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10/2/15
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Terre Haute 2010 Sulfur Dioxide (SO2) Attainment
Plan.
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3/22/2019, 84 FR 10692 ........................................
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10/2/15
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[FR Doc. 2019–20130 Filed 9–20–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2019–0328; FRL–9999–
73—Region 7]
Air Plan Approval; Missouri;
Rescission of Information on Sales of
Fuels To Be Provided and Maintained
and Certain Coals To Be Washed
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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EPA approval
The Environmental Protection
Agency (EPA) is approving two State
Implementation Plan (SIP) revision
submissions from the State of Missouri.
SUMMARY:
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In these submissions, the State
requested that two rules relating to the
sales of fuel and coal washing be
rescinded from the Missouri SIP. The
EPA received both submissions on
December 4, 2018, and received
supplemental information for both
submissions on May 6, 2019. The EPA
reviewed the submissions and
supplemental information and
determined that rescission of these rules
from the SIP does not impact the
stringency of the SIP or air quality.
Approval of the submissions will ensure
consistency between state and federally
approved rules and is being done in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
October 23, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2019–0328. All
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documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Tracey Casburn, Environmental
Protection Agency, Region 7 Office, Air
Quality and Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas
66219; telephone number (913) 551–
E:\FR\FM\23SER1.SGM
23SER1
]]>Agencies
[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49659-49661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20130]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0700; FRL-9999-77-Region 5]
Air Plan Approval; Indiana; Attainment Plan for the Morgan County
Sulfur Dioxide Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving as a
State Implementation Plan (SIP) revision the Morgan County-related
elements of an Indiana submission to EPA dated October 2, 2015, as
supplemented on November 15, 2017, June 7, 2017, February 8, 2019, and
February 12, 2019. EPA concludes that Indiana has appropriately
demonstrated that the plan provisions provide for attainment of the
2010 sulfur dioxide (SO2) National Ambient Air Quality
Standard (NAAQS) in the Morgan County area by the applicable attainment
date and that the plan meets the other applicable requirements under
the Clean Air Act.
DATES: This final rule is effective on October 23, 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 available only in hard
copy form. Publicly available docket materials are available through
www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: John Summerhays at EPA Region 5,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6067,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Summary of EPA's Notice of Proposed Rulemaking
Following the promulgation in 2010 of a 1-hour primary
SO2 NAAQS, EPA designated two townships in Morgan County,
Indiana as nonattainment for this NAAQS, in conjunction with
designating three other areas in Indiana and multiple areas in other
states as nonattainment as well. On October 2, 2015, Indiana submitted
plans addressing all four of its SO2 nonattainment areas.
EPA is taking separate action on Indiana's plans for its other
nonattainment areas: EPA proposed action on plans for the other three
areas (Indianapolis, Terre Haute and Southwest Indiana) on August 15,
2018, at 83 FR 40487, and took final action on the plans for
Indianapolis and Terre Haute on March 22, 2019, at 84 FR 10692. EPA
continues separate review of the plan for Southwest Indiana.
In addition to its October 2, 2015 submittal, Indiana made four
supplemental submittals, three of which are relevant specifically to
Morgan County. While the October 2, 2015 submittal included rules that
imposed work practice requirements on both the Indianapolis Power and
Light-Eagle Valley power plant (IP&L-Eagle Valley) and Hydraulic Press
Brick, Indiana rescinded the submittal of the requirements for
Hydraulic Press Brick on June 7, 2017. However, Indiana then withdrew
this rescission on February 12, 2019, reactivating its request for EPA
to approve these requirements. On February 8, 2019, Indiana submitted
additional analysis for Morgan County to demonstrate that use of a more
conservative approach to estimating background concentrations in this
area also resulted in the conclusion that the area is attaining the
SO2 NAAQS. In addition, on November 15, 2017, Indiana
provided clarifications on its inventory procedures and other elements
of its four nonattainment plans.
EPA published a notice of proposed rulemaking addressing Indiana's
plan for the Morgan County SO2 nonattainment area on July 9,
2019, at 84 FR 32672. EPA proposed to approve rules that require IP&L-
Eagle Valley to burn natural gas (rather than coal) in its primary
boilers and that require Hydraulic Press Brick to conduct dry sorbent
injection sufficient to achieve 50 percent emission reduction (except
to the extent that this control is not necessary for SO2
emissions to be below 2.5 pounds per million British Thermal Units).
EPA proposed to conclude that Indiana has demonstrated that these
requirements provide for the Morgan County area to attain the
SO2 NAAQS. Finally, EPA proposed to conclude that Indiana
has satisfied the other applicable requirements for nonattainment
areas, including requirements for a suitable emissions inventory, for
reasonably available control measures/reasonably available control
technology (RACM/RACT), for reasonable further progress (RFP), and for
contingency measures.
II. Comments
EPA received no comments on its notice of proposed rulemaking. EPA
also has no other reason to reevaluate its proposed approval of
Indiana's plan for the Morgan County SO2 nonattainment area.
III. EPA's Final Action
EPA is approving Indiana's SIP submission for the Morgan County
SO2 nonattainment area, which the state submitted to EPA on
October 2, 2015 and supplemented on June 7, 2017, November 15, 2017,
February 8, 2019, and February 12, 2019. This SO2
nonattainment plan included Indiana's attainment demonstration for this
area. The nonattainment plan also addressed requirements for emission
inventories, RACT/RACM, RFP, and contingency measures. Indiana has
previously addressed requirements regarding nonattainment area new
source review (NSR). EPA has determined that Indiana's SO2
nonattainment plan for Morgan County meets the applicable requirements
of Clean Air Act sections 110, 172, 191, and 192.
The rules that underpin Indiana's attainment plan for Morgan County
include three rules. Indiana Administrative Code, Title 326, Rule 7-4-
11.1 (326 IAC 7-4-11.1, entitled ``Morgan County sulfur dioxide
emission limitations'') imposes the work practice requirements
described above. Indiana's SO2 nonattainment plans also
include two rules specifying compliance provisions, namely Rule 326 IAC
7-1.1-3 (entitled ``Compliance date'') and Rule 326 IAC 7-2-1 (entitled
``Reporting requirements; methods to determine compliance''). However,
EPA has already approved these two compliance rules, as part of final
action to approve Indiana's plan for the Indianapolis and Terre Haute
areas. Therefore, while EPA
[[Page 49660]]
reaffirms the role of these two rules in the Morgan County plan, EPA
need not reapprove and is not reapproving these rules as part of
today's action. Instead, the codification for this rule only adds the
approval of Morgan County limits in Rule 326 IAC 7-4-11.1.
In addition to codifying approval of these rules, EPA is also
codifying its approval of Indiana's attainment plan for Morgan County.
EPA's prior action to approve the attainment plans for the Indianapolis
and Terre Haute areas (published March 22, 2019 at 84 FR 10692) did not
codify approval of those plans; for administrative convenience,
codification of those approvals is included with the codification of
this action.
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 an Indiana
regulation 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 applicable 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 Clean Air Act 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 Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
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 Clean Air Act.
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 Clean Air Act; 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 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, Reporting and recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 4, 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. Section 52.770 is amended:
0
a. In the table in paragraph (c), under ``Article 7. Sulfur Dioxide
Rules'', ``Rule 4. Emission Limitations and Requirements by County'',
by removing the entry for ``7-4-11'' and adding in its place an entry
for ``7-4-11.1''; and
0
b. In the table in paragraph (e) by:
0
i. Adding an entry for ``Indianapolis 2010 Sulfur Dioxide
(SO2) Attainment Plan'' after the entry for ``Indianapolis
Hydrocarbon Control Strategy'';
0
ii. Adding an entry for ``Morgan County 2010 Sulfur Dioxide
(SO2) Attainment Plan'' before the entry for ``Muncie 1997
8-hour ozone maintenance plan''; and
0
iii. Adding an entry for ``Terre Haute 2010 Sulfur Dioxide
(SO2) Attainment Plan'' before the entry for ``Terre Haute
2010 Sulfur Dioxide (SO2) maintenance plan''.
The revision and additions read as follows:
[[Page 49661]]
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 4. Emission Limitations and Requirements by County
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
7-4-11.1............................. Morgan County sulfur dioxide 7/5/2019 9/23/2019, [insert Federal ...................................
emission limitations. Register
citation]....................
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Title Indiana date EPA approval Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Indianapolis 2010 Sulfur Dioxide 10/2/15 3/22/2019, 84 FR 10692. .................................
(SO2) Attainment Plan.
* * * * * * *
Morgan County 2010 Sulfur Dioxide 10/2/15 9/23/2019, [insert .................................
(SO2) Attainment Plan. Federal Register
citation].
* * * * * * *
Terre Haute 2010 Sulfur Dioxide 10/2/15 3/22/2019, 84 FR 10692. .................................
(SO2) Attainment Plan.
* * * * * * *
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[FR Doc. 2019-20130 Filed 9-20-19; 8:45 am]
BILLING CODE 6560-50-P
