Air Plan Approval; Indiana; Indiana RACT SIP and Negative Declaration for the Oil and Natural Gas Industry Control Techniques Guidelines, 68050-68052 [2019-26792]
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<![CDATA[
68050
Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations
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:
■ a. Removing the entry for ‘‘CincinnatiHamilton, OH-KY-IN 1997 8-hour ozone
maintenance plan’’ and adding in its
place the entry ‘‘Ozone (8-Hour, 1997):
Cincinnati-Hamilton, OH-KY-IN
(Dearborn County (part))’’;
■ b. Removing the entry for
‘‘Indianapolis Hydrocarbon Control
■
Strategy’’ and adding in its place the
entry ‘‘Ozone (8-Hour, 1997):
Indianapolis, IN (Boone, Hamilton,
Hancock, Hendricks, Johnson, Madison,
Marion, Morgan, and Shelby Counties)’’;
■ c. Removing the entry for ‘‘Lake and
Porter Counties 1997 8-hour ozone
maintenance plan’’ and adding in its
place the entry ‘‘Ozone (8-Hour, 1997):
Chicago-Gary-Lake County, IL-IN (Lake
and Porter Counties)’’;
■ d. Removing the entry for ‘‘LaPorte
Hydrocarbon Control Strategy’’ and
adding in its place the entry ‘‘Ozone (8Hour, 1997): LaPorte CO., IN (LaPorte
County)’’;
■ e. Removing the two entries for
‘‘Louisville Hydrocarbon Control
Strategy’’ and adding in their place the
entry ‘‘Ozone (8-Hour, 1997): Louisville,
KY-IN (Clark and Floyd Counties)’’; and
■ f. Removing the entries for ‘‘South
Bend-Elkhart 1997 8-hour ozone
maintenance plan’’ and ‘‘South BendElkhart Hydrocarbon Control Strategy’’
and adding in their place the entry
‘‘Ozone (8-Hour, 1997): South BendElkhart, IN (Elkhart and St. Joseph
Counties)’’.
The additions read as follows:
§ 52.770
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
Explanation
*
*
*
Ozone (8-Hour, 1997): Cincinnati-Hamilton, OH-KY-IN (Dearborn County (part)).
*
6/20/2019
*
12/13/2019, [insert Federal
Register citation].
*
*
2nd maintenance plan.
*
*
*
Ozone (8-Hour, 1997): Indianapolis, IN (Boone, Hamilton,
Hancock, Hendricks, Johnson, Madison, Marion, Morgan,
and Shelby Counties).
*
6/20/2019
*
12/13/2019, [insert Federal
Register citation].
*
*
2nd maintenance plan.
*
*
*
Ozone (8-Hour, 1997): Chicago-Gary-Lake County, IL-IN
(Lake and Porter Counties).
*
6/20/2019
*
12/13/2019, [insert Federal
Register citation].
*
*
2nd maintenance plan.
*
*
*
Ozone (8-Hour, 1997): LaPorte CO., IN (LaPorte County) ......
*
6/20/2019
*
12/13/2019, [insert Federal
Register citation].
*
*
2nd maintenance plan.
*
*
*
Ozone (8-Hour, 1997): Louisville, KY-IN (Clark and Floyd
Counties).
*
6/20/2019
*
12/13/2019, [insert Federal
Register citation].
*
*
2nd maintenance plan.
*
*
*
Ozone (8-Hour, 1997): South Bend-Elkhart, IN (Elkhart and
St. Joseph Counties).
*
6/20/2019
*
12/13/2019, [insert Federal
Register citation].
*
*
2nd maintenance plan.
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0734; FRL–10003–
02–Region 5]
Air Plan Approval; Indiana; Indiana
RACT SIP and Negative Declaration for
the Oil and Natural Gas Industry
Control Techniques Guidelines
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
15:53 Dec 12, 2019
Jkt 250001
*
*
The Environmental Protection
Agency (EPA) is approving a ‘‘Negative
Declaration’’ for the State of Indiana
regarding the Control Techniques
Guideline (CTG) for the Oil and Gas
Industry issued by EPA on October 20,
2016. Indiana has evaluated areas for
which the Oil and Natural Gas Industry
CTG must be applied under the 2008
ozone National Ambient Air Quality
Standard (NAAQS). These areas include
Lake and Porter counties, which are part
of the Chicago-Naperville, IL-IN-WI
Moderate nonattainment area for the
2008 ozone NAAQS. Therefore,
reasonably available control technology
(RACT) requirements would be
applicable for sources covered by the
Oil and Natural Gas Industry CTG in
SUMMARY:
[FR Doc. 2019–26686 Filed 12–12–19; 8:45 am]
jbell on DSKJLSW7X2PROD with RULES
EPA approval
PO 00000
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Fmt 4700
Sfmt 4700
*
*
Lake and Porter counties. The Indiana
Department of Environmental
Management (IDEM) did not find any
covered sources in Lake and Porter
counties. Approval of this Negative
Declaration supports EPA’s February 13,
2019 approval of Indiana’s volatile
organic compounds (VOC) RACT
Certification for Lake and Porter
Counties. EPA proposed to approve this
‘‘Negative Declaration’’ on June 26, 2019
and received one set of comments.
DATES: This final rule is effective
January 13, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0734. All
documents in the docket are listed in
the https://www.regulations.gov website.
E:\FR\FM\13DER1.SGM
13DER1
Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations
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:
Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6832,
liljegren.jennifer@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 being addressed in this document?
II. What comments did we receive on the
proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
jbell on DSKJLSW7X2PROD with RULES
I. What is being addressed in this
document?
In this action, EPA is approving a
‘‘Negative Declaration’’ for Lake and
Porter Counties in Indiana regarding the
CTG for the Oil and Gas Industry issued
by EPA on October 20, 2016. As
discussed more fully in the June 26,
2019 proposed approval (84 FR 30066),
IDEM has adequately documented that
there are no sources in Lake and Porter
Counties to which the Oil and Gas CTG
is applicable.
II. What comments did we receive on
the proposed rule?
EPA received both supportive and
adverse comments from one commenter.
The adverse comments are addressed
below.
(1) Comment—‘‘Looking at Indiana’s
analysis of all its resources in Lake and
Porter Counties coming directly from
the department of Oil and Natural Gas
Industry which is experienced in its
analysis and has a niche in Indiana.
However, I also feel that the report that
has been provided may have been
biased based on additional cost needed
to be spent on RACT related activities.’’
EPA Response—As stated in the
proposal, Indiana searched its own oil
and gas well records and air permits
and, therefore, did not rely exclusively
on the Indiana Department of Natural
VerDate Sep<11>2014
15:53 Dec 12, 2019
Jkt 250001
Resources’ (IDNR) Division of Oil and
Gas.
(2) Comment—‘‘The report that the
IDNR released mentions that they did
this based on the database and not based
on actual research performed by them.
I would like to question how often their
data base is updated and the sample size
they have mentioned consisting of just
3 places seems like a small amount in
proportion to the 2 counties.’’
EPA Response—The IDNR
administers Indiana’s oil and gas
statutes and regulates petroleum
exploration and production operations
in Indiana. Its analysis should provide
a very sound basis for an accurate
database. The sample size did not
consist of just three places. Rather, three
facilities were selected for further
evaluation based upon their industry
codes and descriptions.
(3) Comment—‘‘EPA’s proposal looks
pretty dated and has been based on
ozone rules back from 2016 and
currently there have been so many
changes that it is bound to be outdated
and not effective, I think the EPA
should release another updated rule to
judge the negative declaration areas.’’
EPA Response—The Oil and Gas CTG
is, in fact, EPA’s newest CTG and there
is no indication that it is outdated. More
importantly, Indiana’s determination
that there are no applicable sources is
current.
(4) Comment—‘‘The Bulk petroleum
facilities which were investigated
although not part of Lake and Porter
County does exist and the report by the
Indiana Department of Natural
Resources did not provide much
information as to what their findings
were.’’
EPA Response—This comment is not
relevant because the negative
declaration is only for Lake and Porter
Counties.
III. What action is EPA taking?
EPA is approving Indiana’s Negative
Declaration for the Oil and Gas CTG.
Indiana has adequately documented that
it has no sources in Lake and Porter
Counties to which the Oil and Gas CTG
would be applicable. Approval of this
Negative Declaration also supports
EPA’s February 13, 2019 approval of
Indiana’s VOC RACT Certification for
Lake and Porter Counties.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act (CAA) the
Administrator is required to approve a
State Implementation Plan (SIP)
submission that complies with the
provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k);
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
68051
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
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).
E:\FR\FM\13DER1.SGM
13DER1
68052
Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations
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 February 11, 2020. 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,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
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
‘‘Lake and Porter Counties 2008 8-hour
Ozone Moderate Planning Elements’’
and adding an entry for ‘‘Lake and
Porter Counties 2008 8-hour Ozone
Negative Declaration’’ immediately
following the entry ‘‘Lake and Porter
Counties 2008 8-hour Ozone Moderate
Planning Elements’’ to read as follows:
■
§ 52.770
Dated: December 2, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
*
Identification of plan.
*
*
(e) * * *
*
*
40 CFR part 52 is amended as follows:
EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
Explanation
*
*
*
2011 base year emissions inventory, Reasonable Further Progress (RFP) plan, RFP contingency measure
plan, 2017 VOC and NOX motor vehicle emissions
budgets, nonattainment new source review certification, VOC RACT Certification, and enhanced
motor vehicle inspection and maintenance program
certification.
Includes: Fiberglass Boat Manufacturing Materials
CTG and Oil and Gas Industry CTG.
*
Lake and Porter Counties
2008 8-hour Ozone Moderate Planning Elements.
*
*
2/28/2017, 1/9/2018, and
10/25/2018.
*
12/13/2019, [insert Federal
Register citation].
Lake and Porter Counties
2008 8-hour Ozone Negative Declarations.
10/25/2018 .........................
12/13/2019, [insert Federal
Register citation].
*
*
*
[FR Doc. 2019–26792 Filed 12–12–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 382, 383 and 384
[Docket No. FMCSA–2019–0120]
RIN 2126–AC32
Extension of Compliance Date for
States’ Query of the Drug and Alcohol
Clearinghouse
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EPA approval
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule; extension of
compliance date.
AGENCY:
FMCSA extends the
compliance date for the requirement
SUMMARY:
VerDate Sep<11>2014
15:53 Dec 12, 2019
Jkt 250001
*
*
established by the December 5, 2016,
Commercial Driver’s License Drug and
Alcohol Clearinghouse (Clearinghouse)
final rule that States request information
from the Clearinghouse (‘‘query’’) about
individuals before completing certain
commercial driver’s license (CDL)
transactions for those drivers. The
States’ compliance with this
requirement, currently due to begin on
January 6, 2020, is delayed until January
6, 2023. This rule will, however, allow
States the option to voluntarily request
Clearinghouse information beginning on
January 6, 2020. The compliance date
extension allows FMCSA the time
needed to complete its work on a
forthcoming rulemaking to address the
States’ use of driver-specific information
from the Clearinghouse, and time to
develop the information technology
platform through which States will
electronically request and receive
Clearinghouse information. The
PO 00000
Frm 00034
Fmt 4700
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*
*
compliance date of January 6, 2020,
remains in place for all other
requirements set forth in the
Clearinghouse final rule.
DATES: This final rule is effective
December 13, 2019.
Petitions for Reconsideration of this
final rule must be submitted to the
FMCSA Administrator no later than
January 13, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Nikki McDavid, Chief, Commercial
Driver’s License Division, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC
20590–0001, (202) 366–0831,
nikki.mcdavid@dot.gov.
SUPPLEMENTARY INFORMATION:
Rulemaking Documents
For access to docket FMCSA–2019–
0120 to read background documents, go
to https://www.regulations.gov at any
time, or to Docket Operations at U.S.
E:\FR\FM\13DER1.SGM
13DER1
]]>Agencies
[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Rules and Regulations]
[Pages 68050-68052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26792]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0734; FRL-10003-02-Region 5]
Air Plan Approval; Indiana; Indiana RACT SIP and Negative
Declaration for the Oil and Natural Gas Industry Control Techniques
Guidelines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
``Negative Declaration'' for the State of Indiana regarding the Control
Techniques Guideline (CTG) for the Oil and Gas Industry issued by EPA
on October 20, 2016. Indiana has evaluated areas for which the Oil and
Natural Gas Industry CTG must be applied under the 2008 ozone National
Ambient Air Quality Standard (NAAQS). These areas include Lake and
Porter counties, which are part of the Chicago-Naperville, IL-IN-WI
Moderate nonattainment area for the 2008 ozone NAAQS. Therefore,
reasonably available control technology (RACT) requirements would be
applicable for sources covered by the Oil and Natural Gas Industry CTG
in Lake and Porter counties. The Indiana Department of Environmental
Management (IDEM) did not find any covered sources in Lake and Porter
counties. Approval of this Negative Declaration supports EPA's February
13, 2019 approval of Indiana's volatile organic compounds (VOC) RACT
Certification for Lake and Porter Counties. EPA proposed to approve
this ``Negative Declaration'' on June 26, 2019 and received one set of
comments.
DATES: This final rule is effective January 13, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0734. All documents in the docket are listed in
the https://www.regulations.gov website.
[[Page 68051]]
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: Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6832,
[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 being addressed in this document?
II. What comments did we receive on the proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this document?
In this action, EPA is approving a ``Negative Declaration'' for
Lake and Porter Counties in Indiana regarding the CTG for the Oil and
Gas Industry issued by EPA on October 20, 2016. As discussed more fully
in the June 26, 2019 proposed approval (84 FR 30066), IDEM has
adequately documented that there are no sources in Lake and Porter
Counties to which the Oil and Gas CTG is applicable.
II. What comments did we receive on the proposed rule?
EPA received both supportive and adverse comments from one
commenter. The adverse comments are addressed below.
(1) Comment--``Looking at Indiana's analysis of all its resources
in Lake and Porter Counties coming directly from the department of Oil
and Natural Gas Industry which is experienced in its analysis and has a
niche in Indiana. However, I also feel that the report that has been
provided may have been biased based on additional cost needed to be
spent on RACT related activities.''
EPA Response--As stated in the proposal, Indiana searched its own
oil and gas well records and air permits and, therefore, did not rely
exclusively on the Indiana Department of Natural Resources' (IDNR)
Division of Oil and Gas.
(2) Comment--``The report that the IDNR released mentions that they
did this based on the database and not based on actual research
performed by them. I would like to question how often their data base
is updated and the sample size they have mentioned consisting of just 3
places seems like a small amount in proportion to the 2 counties.''
EPA Response--The IDNR administers Indiana's oil and gas statutes
and regulates petroleum exploration and production operations in
Indiana. Its analysis should provide a very sound basis for an accurate
database. The sample size did not consist of just three places. Rather,
three facilities were selected for further evaluation based upon their
industry codes and descriptions.
(3) Comment--``EPA's proposal looks pretty dated and has been based
on ozone rules back from 2016 and currently there have been so many
changes that it is bound to be outdated and not effective, I think the
EPA should release another updated rule to judge the negative
declaration areas.''
EPA Response--The Oil and Gas CTG is, in fact, EPA's newest CTG and
there is no indication that it is outdated. More importantly, Indiana's
determination that there are no applicable sources is current.
(4) Comment--``The Bulk petroleum facilities which were
investigated although not part of Lake and Porter County does exist and
the report by the Indiana Department of Natural Resources did not
provide much information as to what their findings were.''
EPA Response--This comment is not relevant because the negative
declaration is only for Lake and Porter Counties.
III. What action is EPA taking?
EPA is approving Indiana's Negative Declaration for the Oil and Gas
CTG. Indiana has adequately documented that it has no sources in Lake
and Porter Counties to which the Oil and Gas CTG would be applicable.
Approval of this Negative Declaration also supports EPA's February 13,
2019 approval of Indiana's VOC RACT Certification for Lake and Porter
Counties.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA) the Administrator is required to
approve a State Implementation Plan (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 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).
[[Page 68052]]
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 February 11, 2020. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 2, 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 ``Lake and Porter Counties 2008 8-hour Ozone Moderate
Planning Elements'' and adding an entry for ``Lake and Porter Counties
2008 8-hour Ozone Negative Declaration'' immediately following the
entry ``Lake and Porter Counties 2008 8-hour Ozone Moderate Planning
Elements'' to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Title Indiana date EPA approval Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Lake and Porter Counties 2008 8- 2/28/2017, 1/9/2018, 12/13/2019, [insert 2011 base year emissions
hour Ozone Moderate Planning and 10/25/2018. Federal Register inventory, Reasonable
Elements. citation]. Further Progress (RFP)
plan, RFP contingency
measure plan, 2017 VOC and
NOX motor vehicle
emissions budgets,
nonattainment new source
review certification, VOC
RACT Certification, and
enhanced motor vehicle
inspection and maintenance
program certification.
Lake and Porter Counties 2008 8- 10/25/2018............ 12/13/2019, [insert Includes: Fiberglass Boat
hour Ozone Negative Declarations. Federal Register Manufacturing Materials
citation]. CTG and Oil and Gas
Industry CTG.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-26792 Filed 12-12-19; 8:45 am]
BILLING CODE 6560-50-P
