Air Plan Approval; Indiana, Michigan and Minnesota; Revised Startup, Shutdown, and Malfunction Provisions, 50261-50263 [2022-17334]
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Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
subject to the state rule will be subject
to the same requirements in the federal
rule. For this reason, this action will not
result in disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations and/or indigenous
peoples.
VI. Statutory and Executive Order
Reviews
Under the Clean Air Act CAA, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the 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);
• 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 the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; and
• This action does not have
disproportionately high and adverse
human health or environmental effects
on minority populations, low-income
populations and/or indigenous peoples,
as specified in Executive Order 12898
(59 FR 7629, February 16, 1994). The
VerDate Sep<11>2014
16:02 Aug 15, 2022
Jkt 256001
basis for this determination is contained
in Section V of this action,
‘‘Environmental Justice Concerns.’’
• In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the 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).
• This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. 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 October 17, 2022. 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 9, 2022.
Meghan A. McCollister
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as set forth below:
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart—AA Missouri
§ 52.1320
[Amended]
2. In § 52.1320, the table in paragraph
(c) is amended by removing the entry
‘‘10–6.300’’ under the heading ‘‘Chapter
■
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
6—Air Quality Standards, Definitions,
Sampling and Reference Methods, and
Air Pollution Control Regulations for
the State of Missouri.’’
■ 3. In § 52.1323, paragraphs (h) and (j)
are revised to read as follows:
§ 52.1323
Approval status.
*
*
*
*
*
(h) Missouri rule 10 CSR 10–6.300
was rescinded on September 15, 2022.
*
*
*
*
*
(j) Missouri rule 10 CSR 10–6.300 was
rescinded on September 15, 2022.
*
*
*
*
*
[FR Doc. 2022–17569 Filed 8–15–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0672; EPA–R05–
OAR–2016–0706; EPA–R05–OAR–2016–
0708; FRL–9649–02–R5]
Air Plan Approval; Indiana, Michigan
and Minnesota; Revised Startup,
Shutdown, and Malfunction Provisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving three State
Implementation Plan (SIP) revision
requests, submitted by Indiana,
Michigan, and Minnesota. All three
States submitted the SIP revision
requests in 2016 in response to a finding
of substantial inadequacy and a SIP call
published on June 12, 2015, for specific
provisions in each State’s SIP related to
excess emissions during startup,
shutdown, and malfunction (SSM)
events. EPA is determining that each
submission corrects the State’s
respective SIP deficiencies as identified
in the June 12, 2015, SIP call. EPA
proposed to approve this action on May
5, 2022, and received no adverse
comments.
SUMMARY:
This final rule is effective on
September 15, 2022.
ADDRESSES: EPA has established dockets
for this action under Docket ID No.
EPA–R05–OAR–2016–0672 (Indiana);
EPA–R05–OAR–2016–0706 (Michigan);
and EPA–R05–OAR–2016–0708
(Minnesota). 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
DATES:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
50261
E:\FR\FM\16AUR1.SGM
16AUR1
50262
Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Rules and Regulations
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 and
facility closures due to COVID–19. We
recommend that you telephone Michael
Leslie, Environmental Engineer at (312)
353–6680 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Michael Leslie, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–6680,
leslie.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On May 5, 2022 (87 FR 26707), EPA
proposed to approve three SIP revision
requests submitted in 2016 and
supplemented in 2017 by Indiana,
Michigan, and Minnesota to address
EPA’s 2015 SSM SIP Action. EPA is
determining that the three States’
rulemaking actions and revised rules are
consistent with the SSM requirements
for SIP provisions under the CAA; that
their respective SIP submissions correct
the SSM deficiencies identified for the
state within EPA’s 2015 SSM SIP
Action; and fulfill the obligation to
respond to it.
An explanation of the CAA
requirements, a detailed analysis of the
revisions, and EPA’s reasons for
proposing approval were provided in
the notice of proposed rulemaking and
will not be restated here. The public
comment period for this proposed rule
ended on June 6, 2022. EPA received
three supportive comments and no
adverse comments on the proposal.
lotter on DSK11XQN23PROD with RULES1
II. Final Action
EPA is approving three SIP revision
requests submitted in 2016 and
supplemented in 2017 by Indiana,
Michigan, and Minnesota to address
EPA’s 2015 SSM SIP Action.
Specifically, EPA is approving Indiana
rules 326 IAC 1–6–1, 326 IAC 1–6–2,
326 IAC 1–6–4, 326 IAC 1–6–5, 326 IAC
1–6–6, and 326 IAC 2–9–1, effective
VerDate Sep<11>2014
16:02 Aug 15, 2022
Jkt 256001
January 29, 2017. EPA is also removing
Michigan rule R 339.1916 and
Minnesota rule R. 7011.1415 from each
State’s respective federally enforceable
criteria pollutant SIP. EPA has
determined that the three States’
rulemaking actions and revised rules are
consistent with the SSM requirements
for SIP provisions under the CAA; that
their respective SIP submissions correct
the SSM deficiencies identified for the
State within EPA’s 2015 SSM SIP
Action; and fulfill the obligation to
respond to it.
III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, EPA is finalizing the
incorporation by reference of the
Indiana regulations described in Section
II of this preamble and set forth in the
amendments to 40 CFR part 52 below.
EPA has made, and will continue to
make, these documents generally
available through www.regulations.gov,
and at the EPA Region 5 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.1
Also in this document, as described in
Section II of this preamble and set forth
in the amendments to 40 CFR part 52
below, EPA is removing provisions of
the EPA-Approved Michigan and
Minnesota Regulations from the
Michigan and Minnesota SIPs, which
are incorporated by reference in
accordance with the requirements of 1
CFR part 51.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the 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
1 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00028
Fmt 4700
Sfmt 4700
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);
• 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).
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. 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 October 17, 2022. Filing a
E:\FR\FM\16AUR1.SGM
16AUR1
50263
Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Rules and Regulations
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,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: August 8, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.770, the table in paragraph
(c) is amended by revising the entries
for ‘‘1–6–1’’, ‘‘1–6–2’’, ‘‘1–6–4’’, ‘‘1–6–
5’’, and ‘‘1–6–6’’ under ‘‘Article 1.
General Provisions’’, ‘‘Rule 6.
Malfunctions’’, and the entry for ‘‘2–9–
1’’ under ‘‘Article 2. Permit Review
Rules’’, ‘‘Rule 9. Source Specific
Operating Agreement Program’’, to read
as follows:
■
§ 52.770
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective date
Subject
EPA approval date
Notes
Article 1. General Provisions
Rule 1. Provisions Applicable Throughout Title 326
*
*
*
*
*
*
*
Rule 6. Malfunctions
1–6–1 ...............
Applicability ..................................................
1/29/2017
1–6–2 ...............
Records; notice of malfunction ....................
1/29/2017
*
1–6–4 ...............
*
1/29/2017
1–6–5 ...............
*
*
Conditions under which malfunction not
considered violation.
Excessive malfunctions; department actions
1/29/2017
1–6–6 ...............
Malfunction emission reduction program .....
1/29/2017
*
*
*
8/16/2022, [Insert Federal Register Citation].
8/16/2022, [Insert Federal Register Citation].
*
*
8/16/2022, [Insert Federal Register Citation].
8/16/2022, [Insert Federal Register Citation].
8/16/2022, [Insert Federal Register Citation].
*
*
*
*
*
*
*
*
Article 2. Permit Review Rules
*
*
*
*
Rule 9. Source Specific Operating Agreement Program
2–9–1 ...............
General provisions .......................................
*
*
*
§ 52.1170
*
*
*
*
*
[Amended]
3. In § 52.1170, the table in paragraph
(c) is amended by removing the entry for
‘‘R 339.1916’’.
lotter on DSK11XQN23PROD with RULES1
8/16/2022, [INSERT FEDERAL REGISTER
CITATION].
*
*
ENVIRONMENTAL PROTECTION
AGENCY
■
§ 52.1220
1/29/2017
[Amended]
[EPA–R06–OAR–2021–0621; FRL–9085–02–
R6]
Air Plan Approval; Oklahoma; Updates
to the General SIP and Incorporation
by Reference Provisions
[FR Doc. 2022–17334 Filed 8–15–22; 8:45 am]
AGENCY:
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:02 Aug 15, 2022
Jkt 256001
Environmental Protection
Agency (EPA).
PO 00000
Frm 00029
Fmt 4700
ACTION:
Sfmt 4700
*
Final rule.
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving identified portions of two
revisions to the Oklahoma State
Implementation Plan (SIP) submitted by
the State of Oklahoma designee on May
15, 2020, and February 9, 2021. This
action addresses revisions to the
Oklahoma SIP pertaining to the general
SIP definitions under Oklahoma
SUMMARY:
40 CFR Part 52
4. In § 52.1220, the table in paragraph
(c) is amended by removing the entry for
‘‘7011.1415’’.
■
*
E:\FR\FM\16AUR1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50261-50263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17334]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0672; EPA-R05-OAR-2016-0706; EPA-R05-OAR-2016-0708;
FRL-9649-02-R5]
Air Plan Approval; Indiana, Michigan and Minnesota; Revised
Startup, Shutdown, and Malfunction Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving three
State Implementation Plan (SIP) revision requests, submitted by
Indiana, Michigan, and Minnesota. All three States submitted the SIP
revision requests in 2016 in response to a finding of substantial
inadequacy and a SIP call published on June 12, 2015, for specific
provisions in each State's SIP related to excess emissions during
startup, shutdown, and malfunction (SSM) events. EPA is determining
that each submission corrects the State's respective SIP deficiencies
as identified in the June 12, 2015, SIP call. EPA proposed to approve
this action on May 5, 2022, and received no adverse comments.
DATES: This final rule is effective on September 15, 2022.
ADDRESSES: EPA has established dockets for this action under Docket ID
No. EPA-R05-OAR-2016-0672 (Indiana); EPA-R05-OAR-2016-0706 (Michigan);
and EPA-R05-OAR-2016-0708 (Minnesota). 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
[[Page 50262]]
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 and facility closures due to COVID-19. We recommend that you
telephone Michael Leslie, Environmental Engineer at (312) 353-6680
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On May 5, 2022 (87 FR 26707), EPA proposed to approve three SIP
revision requests submitted in 2016 and supplemented in 2017 by
Indiana, Michigan, and Minnesota to address EPA's 2015 SSM SIP Action.
EPA is determining that the three States' rulemaking actions and
revised rules are consistent with the SSM requirements for SIP
provisions under the CAA; that their respective SIP submissions correct
the SSM deficiencies identified for the state within EPA's 2015 SSM SIP
Action; and fulfill the obligation to respond to it.
An explanation of the CAA requirements, a detailed analysis of the
revisions, and EPA's reasons for proposing approval were provided in
the notice of proposed rulemaking and will not be restated here. The
public comment period for this proposed rule ended on June 6, 2022. EPA
received three supportive comments and no adverse comments on the
proposal.
II. Final Action
EPA is approving three SIP revision requests submitted in 2016 and
supplemented in 2017 by Indiana, Michigan, and Minnesota to address
EPA's 2015 SSM SIP Action. Specifically, EPA is approving Indiana rules
326 IAC 1-6-1, 326 IAC 1-6-2, 326 IAC 1-6-4, 326 IAC 1-6-5, 326 IAC 1-
6-6, and 326 IAC 2-9-1, effective January 29, 2017. EPA is also
removing Michigan rule R 339.1916 and Minnesota rule R. 7011.1415 from
each State's respective federally enforceable criteria pollutant SIP.
EPA has determined that the three States' rulemaking actions and
revised rules are consistent with the SSM requirements for SIP
provisions under the CAA; that their respective SIP submissions correct
the SSM deficiencies identified for the State within EPA's 2015 SSM SIP
Action; and fulfill the obligation to respond to it.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of the
Indiana regulations described in Section II of this preamble and set
forth in the amendments to 40 CFR part 52 below. EPA has made, and will
continue to make, these documents generally available through
www.regulations.gov, and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
Also in this document, as described in Section II of this preamble
and set forth in the amendments to 40 CFR part 52 below, EPA is
removing provisions of the EPA-Approved Michigan and Minnesota
Regulations from the Michigan and Minnesota SIPs, which are
incorporated by reference in accordance with the requirements of 1 CFR
part 51.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the 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);
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).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 October 17, 2022. Filing a
[[Page 50263]]
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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 8, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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 by revising
the entries for ``1-6-1'', ``1-6-2'', ``1-6-4'', ``1-6-5'', and ``1-6-
6'' under ``Article 1. General Provisions'', ``Rule 6. Malfunctions'',
and the entry for ``2-9-1'' under ``Article 2. Permit Review Rules'',
``Rule 9. Source Specific Operating Agreement Program'', to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective date EPA approval date Notes
----------------------------------------------------------------------------------------------------------------
Article 1. General Provisions
----------------------------------------------------------------------------------------------------------------
Rule 1. Provisions Applicable Throughout Title 326
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 6. Malfunctions
----------------------------------------------------------------------------------------------------------------
1-6-1.................... Applicability....... 1/29/2017 8/16/2022, [Insert .........................
Federal Register
Citation].
1-6-2.................... Records; notice of 1/29/2017 8/16/2022, [Insert .........................
malfunction. Federal Register
Citation].
* * * * * * *
1-6-4.................... Conditions under 1/29/2017 8/16/2022, [Insert .........................
which malfunction Federal Register
not considered Citation].
violation.
1-6-5.................... Excessive 1/29/2017 8/16/2022, [Insert .........................
malfunctions; Federal Register
department actions. Citation].
1-6-6.................... Malfunction emission 1/29/2017 8/16/2022, [Insert .........................
reduction program. Federal Register
Citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 2. Permit Review Rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 9. Source Specific Operating Agreement Program
----------------------------------------------------------------------------------------------------------------
2-9-1.................... General provisions.. 1/29/2017 8/16/2022, [INSERT .........................
FEDERAL REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 52.1170 [Amended]
0
3. In Sec. 52.1170, the table in paragraph (c) is amended by removing
the entry for ``R 339.1916''.
Sec. 52.1220 [Amended]
0
4. In Sec. 52.1220, the table in paragraph (c) is amended by removing
the entry for ``7011.1415''.
[FR Doc. 2022-17334 Filed 8-15-22; 8:45 am]
BILLING CODE 6560-50-P
