Air Plan Approval; Indiana; Infrastructure SIP Requirements for the 2012 PM2.5, 53601-53602 [2019-21552]
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Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Rules and Regulations
Executive Order 12630 (Taking of
Private Property)
ENVIRONMENTAL PROTECTION
AGENCY
The FHWA has analyzed this rule
under E.O. 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights. This action does not effect a
taking of private property or otherwise
have taking implications under E.O.
12630.
40 CFR Part 52
Executive Order 12988 (Civil Justice
Reform)
Executive Order 13045 (Protection of
Children)
The FHWA has analyzed this action
under E.O. 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. The FHWA
certifies that this action will not cause
an environmental risk to health or safety
that may disproportionately affect
children.
Regulation Identifier Number
A Regulation Identifier Number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN number contained in the
heading of this document can be used
to cross-reference this action with the
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List of Subjects in 23 CFR Part 652
Grant programs—transportation,
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Nicole R. Nason,
Administrator, Federal Highway
Administration.
In consideration of the foregoing,
FHWA amends 23 CFR chapter I as
follows:
PART 652—[REMOVED AND
RESERVED]
Under the authority of 23 U.S.C. 315,
part 652, consisting of §§ 652.1 through
652.13, is removed and reserved.
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Air Plan Approval; Indiana;
Infrastructure SIP Requirements for
the 2012 PM2.5 NAAQS; Interstate
Transport
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This action meets applicable
standards in sections 3(a) and 3(b)(2) of
E.O. 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
■
[EPA–R05–OAR–2016–0343; FRL–10000–
66–Region 5]
The Environmental Protection
Agency (EPA) is approving elements of
a State Implementation Plan (SIP)
submission from Indiana regarding the
infrastructure requirements of section
110 of the Clean Air Act (CAA) for the
2012 annual fine particulate matter
(PM2.5) National Ambient Air Quality
Standard (NAAQS). The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA. This
action pertains specifically to
infrastructure requirements concerning
interstate transport provisions. EPA did
not receive any adverse comments in
response to its July 30, 2019 proposal to
approve this submission.
DATES: This final rule is effective on
November 7, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0343. 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 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.
FOR FURTHER INFORMATION CONTACT:
Samantha Panock, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
SUMMARY:
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
53601
60604, (312) 353–8973,
panock.samantha@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 is the background for this action?
II. What comments did we receive on the
proposed action?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this
action?
On June 10, 2016, the Indiana
Department of Environmental
Management (IDEM) submitted a
request for EPA to approve its
infrastructure SIP for the 2012 annual
PM2.5 NAAQS. The June 10, 2016 IDEM
submittal included a technical analysis
of its interstate transport of pollution
relative to the 2012 PM2.5 NAAQS that
demonstrates that current controls are
adequate for Indiana to show that it
meets prongs one and two of the ‘‘good
neighbor’’ provision 1 under CAA
section 110(a)(2)(D)(i). On July 30, 2019
(84 FR 36848), EPA proposed to approve
the portion of the submission dealing
with those requirements.
II. What comments did we receive on
the proposed action?
Our July 30, 2019 proposed rule
provided a 30-day review and comment
period. The comment period closed on
August 29, 2019. EPA did not receive
any comments.
III. What action is EPA taking?
In this action, EPA is approving the
portion of Indiana’s June 10, 2016,
submission certifying that the current
Indiana SIP is sufficient to meet the
required infrastructure requirements
under CAA section 110(a)(2)(D)(i),
specifically prongs one and two of the
‘‘good neighbor’’ provisions, with
respect to the 2012 PM2.5 NAAQS.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
1 There are four prongs to the Section
110(a)(2)(D)(i) ‘‘good neighbor’’ provision, which
are: Prohibit any source or other type of emissions
activity in one state from contributing significantly
to nonattainment of the NAAQS in another state
(prong one); prohibit any source or other type of
emissions activity in one state from interfering with
maintenance of the NAAQS in another state (prong
two); prohibit any source or other type of emissions
activity in one state from interfering with measures
required to prevent significant deterioration (PSD)
of air quality in another state (prong three); and
protect visibility in another state (prong four).
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53602
Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Rules and Regulations
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 (Public Law 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 December 9, 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,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: September 19, 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
(e) is amended by revising the entry for
‘‘Section 110(a)(2) infrastructure
requirements for the 2012 PM2.5
NAAQS’’ to read as follows:
■
§ 52.770
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
*
*
Section 110(a)(2) infrastructure requirements
for the 2012 PM2.5 NAAQS.
*
*
*
*
*
*
EPA approval
Explanation
*
*
*
6/10/2016 and 12/28/
10/8/2019, [Insert Fed2016.
eral Register citation].
*
*
*
*
Fully approved for all CAA elements except
the visibility protection requirements of
(D)(i)(II).
*
*
*
[FR Doc. 2019–21552 Filed 10–7–19; 8:45 am]
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]]>Agencies
[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Rules and Regulations]
[Pages 53601-53602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21552]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0343; FRL-10000-66-Region 5]
Air Plan Approval; Indiana; Infrastructure SIP Requirements for
the 2012 PM2.5 NAAQS; Interstate Transport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of a State Implementation Plan (SIP) submission from Indiana
regarding the infrastructure requirements of section 110 of the Clean
Air Act (CAA) for the 2012 annual fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS). The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA. This action
pertains specifically to infrastructure requirements concerning
interstate transport provisions. EPA did not receive any adverse
comments in response to its July 30, 2019 proposal to approve this
submission.
DATES: This final rule is effective on November 7, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0343. 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 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.
FOR FURTHER INFORMATION CONTACT: Samantha Panock, 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) 353-8973,
[email protected].
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 is the background for this action?
II. What comments did we receive on the proposed action?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
On June 10, 2016, the Indiana Department of Environmental
Management (IDEM) submitted a request for EPA to approve its
infrastructure SIP for the 2012 annual PM2.5 NAAQS. The June
10, 2016 IDEM submittal included a technical analysis of its interstate
transport of pollution relative to the 2012 PM2.5 NAAQS that
demonstrates that current controls are adequate for Indiana to show
that it meets prongs one and two of the ``good neighbor'' provision \1\
under CAA section 110(a)(2)(D)(i). On July 30, 2019 (84 FR 36848), EPA
proposed to approve the portion of the submission dealing with those
requirements.
---------------------------------------------------------------------------
\1\ There are four prongs to the Section 110(a)(2)(D)(i) ``good
neighbor'' provision, which are: Prohibit any source or other type
of emissions activity in one state from contributing significantly
to nonattainment of the NAAQS in another state (prong one); prohibit
any source or other type of emissions activity in one state from
interfering with maintenance of the NAAQS in another state (prong
two); prohibit any source or other type of emissions activity in one
state from interfering with measures required to prevent significant
deterioration (PSD) of air quality in another state (prong three);
and protect visibility in another state (prong four).
---------------------------------------------------------------------------
II. What comments did we receive on the proposed action?
Our July 30, 2019 proposed rule provided a 30-day review and
comment period. The comment period closed on August 29, 2019. EPA did
not receive any comments.
III. What action is EPA taking?
In this action, EPA is approving the portion of Indiana's June 10,
2016, submission certifying that the current Indiana SIP is sufficient
to meet the required infrastructure requirements under CAA section
110(a)(2)(D)(i), specifically prongs one and two of the ``good
neighbor'' provisions, with respect to the 2012 PM2.5 NAAQS.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the
[[Page 53602]]
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 (Public Law 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 December 9, 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: September 19, 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 (e) is amended by revising
the entry for ``Section 110(a)(2) infrastructure requirements for the
2012 PM2.5 NAAQS'' 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) infrastructure 6/10/2016 and 12/28/ 10/8/2019, [Insert Fully approved for all CAA
requirements for the 2012 PM2.5 2016. Federal Register elements except the
NAAQS. citation]. visibility protection
requirements of
(D)(i)(II).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-21552 Filed 10-7-19; 8:45 am]
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