Air Plan Approval; Indiana; Infrastructure SIP Requirements for the 2015 Ozone NAAQS and References to the Code of Federal Regulations, 66091-66093 [2022-23335]
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<![CDATA[
66091
Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Rules and Regulations
Name of non-regulatory
SIP revision
Applicable geographic area
2010 1-Hour SO2 Sulfur Dioxide
NAAQS Nonattainment New
Source Review Requirements.
Anne Arundel- Baltimore County
SO2 Nonattainment Area.
4. Amend § 52.1082 by adding
paragraph (l) to read as follows:
■
§ 52.1082
Determinations of attainment.
*
*
*
*
*
(l) EPA has determined, as of
November 2, 2022, that based on 2019
to 2021 ambient air quality monitoring
data and air dispersion modeling, the
Anne Arundel-Baltimore County
nonattainment area has attained the
2010 1-hour sulfur dioxide NAAQS.
This clean data determination suspends
the requirement for this area to submit
an attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other sulfur
dioxide NAAQS attainment plan SIP
elements for as long as this area
continues to meet the 2010 1-hour
sulfur dioxide NAAQS.
[FR Doc. 2022–23709 Filed 11–1–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0788; EPA–R05–
OAR–2020–0353; FRL–9879–02–R5]
Air Plan Approval; Indiana;
Infrastructure SIP Requirements for
the 2015 Ozone NAAQS and
References to the Code of Federal
Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
khammond on DSKJM1Z7X2PROD with RULES
01/30/2020
EPA approval
date
Additional explanation
11/2/2022, [Insert Federal
Register Citation].
EPA approved Maryland’s Nonattainment New Source Review
(NNSR) program under
COMAR 26.11.17 into the Maryland SIP most recently on August 2, 2012 and July 13, 2015.
of each state’s air quality management
program are adequate to meet the state’s
responsibilities under the CAA. EPA is
also approving revisions to the Indiana
SIP that would incorporate by reference
a more recent edition of the Code of
Federal Regulations (CFR). EPA
proposed this action on June 29, 2022,
and received no comments.
This final rule is effective on
December 2, 2022.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0788 or EPA–
R05–OAR–2020–0353. 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 and
facility closures due to COVID–19. We
recommend that you telephone Andrew
Lee, Physical Scientist, at (312)–353–
7645 before visiting the Region 5 office.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
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
2015 ozone National Ambient Air
Quality Standards (NAAQS). The
infrastructure requirements are designed
to ensure that the structural components
SUMMARY:
State submittal
date
Andrew Lee, Physical 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–
7645, lee.andrew.c@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On June 29, 2022 (87 FR 38693), EPA
proposed to approve most elements of a
November 2, 2018, submission from the
Indiana Department of Environmental
Management (IDEM) intended to
address most applicable infrastructure
requirements for the 2015 ozone
NAAQS. Additionally, EPA proposed to
approve a June 24, 2020, submission
from IDEM that seeks to revise the
Indiana SIP by incorporating by
reference updated rules at 326 IAC 1–1–
3 (References to the Code of Federal
Regulations) with an effective date of
April 4, 2020. The revision to 326 IAC
1–1–3 identifies that, unless otherwise
indicated, any reference within 326 IAC
to a provision of the CFR shall mean the
July 1, 2018, edition. 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 July 29,
2022. EPA received no comments on the
proposal. Therefore, we are finalizing
our action as proposed.
II. Final Action
EPA is approving most elements of a
submission from IDEM certifying that its
current SIP is sufficient to meet the
required infrastructure elements under
sections 110(a)(1) and (2) for the 2015
ozone NAAQS. EPA is not acting on the
interstate transport requirements of
section 110(a)(2)(D)(i)(I) and visibility
impairment requirements of section
110(a)(2)(D)(i)(II). EPA has proposed
action in a separate rulemaking on the
portion of the submission pertaining to
the interstate transport requirements of
section 110(a)(2)(D)(i)(I) with respect to
the 2015 ozone NAAQS. See 87 FR
9838. EPA’s actions for the state’s
satisfaction of infrastructure SIP
requirements, by element of section
110(a)(2), are contained in the table
below.
Element
2015 Ozone
(A)—Emission limits and other control measures .................................................................................................................................
(B)—Ambient air quality monitoring/data system ..................................................................................................................................
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A
66092
Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Rules and Regulations
Element
2015 Ozone
(C)1—Program for enforcement of control measures ...........................................................................................................................
(C)2—Minor NSR ...................................................................................................................................................................................
(C)3—PSD .............................................................................................................................................................................................
(D)1—I Prong 1: Interstate transport—significant contribution to nonattainment ..................................................................................
(D)2—I Prong 2: Interstate transport—interference with maintenance .................................................................................................
(D)3—II Prong 3: Interstate transport—interference with PSD .............................................................................................................
(D)4—II Prong 4: Interstate transport—interference with visibility protection .......................................................................................
(D)5—Interstate and international pollution abatement .........................................................................................................................
(E)1—Adequate resources .....................................................................................................................................................................
(E)2—State board requirements ............................................................................................................................................................
(F)—Stationary source monitoring system ............................................................................................................................................
(G)—Emergency powers ........................................................................................................................................................................
(H)—Future SIP revisions ......................................................................................................................................................................
(I)—Nonattainment planning requirements of part D .............................................................................................................................
(J)1—Consultation with government officials .........................................................................................................................................
(J)2—Public notification .........................................................................................................................................................................
(J)3—PSD ..............................................................................................................................................................................................
(J)4—Visibility protection ........................................................................................................................................................................
(K)—Air quality modeling/data ...............................................................................................................................................................
(L)—Permitting fees ...............................................................................................................................................................................
(M)—Consultation/participation by affected local entities ......................................................................................................................
In the above table, the key is as
follows:
A Approve
NA No Action/Separate Rulemaking
* Not germane to infrastructure SIPs
EPA is also approving the June 24,
2020, submission from Indiana, which
revises the Indiana SIP by incorporating
by reference the more recent July 1,
2018, edition of the CFR.
khammond on DSKJM1Z7X2PROD with RULES
III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Indiana Regulations
described in Section I 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
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
1 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
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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);
• 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
PO 00000
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A
A
A
NA
NA
A
NA
A
A
A
A
A
A
(*)
A
A
A
(*)
A
A
A
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 January 3, 2023. 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).)
E:\FR\FM\02NOR1.SGM
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66093
Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Rules and Regulations
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: October 21, 2022.
Debra Shore,
Regional Administrator, Region 5.
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Amend § 52.770 by:
a. In paragraph (c), amend the table by
revising the entry for 1–1–3 ‘‘References
to the Code of Federal Regulations’’
under Article 1, Rule 1 ‘‘Provisions
Applicable Throughout Title 326’’.
■
■
For the reasons stated in the
preamble, 40 CFR part 52 is amended as
follows:
b. In paragraph (e), amend the table by
adding an entry for ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2015
Ozone NAAQS’’ after the entry for
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2008 8-Hour
Ozone NAAQS’’.
The revision and addition read as
follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.770
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED INDIANA REGULATIONS
Indiana
effective
date
Indiana citation
Subject
*
1–1–3 .............
*
*
References to the Code of Federal Regulations.
*
*
*
*
*
*
*
*
*
6/24/2020
EPA approval date
*
*
11/2/2022, [INSERT Federal Register CITATION].
*
*
*
Notes
*
*
(e) * * *
EPA-APPROVED INDIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY PROVISIONS
Indiana
date
Title
*
*
Section 110(a)(2) Infrastructure Requirements for the 2015 Ozone
NAAQS.
*
*
*
*
11/2/2018
*
*
*
EPA approval
Explanation
*
11/2/2022, [INSERT Federal Register CITATION].
*
*
*
All CAA infrastructure elements have been approved
except (D)(i)(I) and the visibility portion of (D)(i)(II).
*
*
*
*
Final rule; notification of
additional analysis and request for
comments.
ACTION:
[FR Doc. 2022–23335 Filed 11–1–22; 8:45 am]
BILLING CODE 6560–50–P
We, the U.S. Fish and
Wildlife Service (Service), are seeking
public comment on how recent case law
on the Service’s significant portion of
the range (SPR) policy and the plain
language of the Endangered Species Act
(Act) may affect our February 26, 2019,
final rule designating the northern
distinct population segment (DPS) of the
southern subspecies of scarlet macaw
(Ara macao macao), as a threatened
species under the Endangered Species
Act of 1973, as amended (Act).
SUMMARY:
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2022–0134;
FF09E21000 FXES1111090FEDR 232]
khammond on DSKJM1Z7X2PROD with RULES
RIN 1018–BG93
Endangered and Threatened Wildlife
and Plants; Possible Effects of Court
Decision on Significant Portion of the
Range Analysis for the Northern
Distinct Population Segment of the
Southern Subspecies of Scarlet Macaw
AGENCY:
Fish and Wildlife Service,
Interior.
VerDate Sep<11>2014
15:49 Nov 01, 2022
Jkt 259001
We will accept comments
received or postmarked on or before
December 2, 2022. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
Eastern Time on the closing date.
DATES:
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
*
*
You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–HQ–ES–2022–0134, which
is the docket number for this
rulemaking. Then, click on the Search
button. You may submit a comment by
clicking on ‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–HQ–ES–2022–0134, U.S. Fish and
Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Request
for Public Comments, below, for more
information).
ADDRESSES:
E:\FR\FM\02NOR1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Rules and Regulations]
[Pages 66091-66093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23335]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0788; EPA-R05-OAR-2020-0353; FRL-9879-02-R5]
Air Plan Approval; Indiana; Infrastructure SIP Requirements for
the 2015 Ozone NAAQS and References to the Code of Federal Regulations
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 2015 ozone National Ambient Air Quality Standards
(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. EPA is also approving revisions to the Indiana SIP that would
incorporate by reference a more recent edition of the Code of Federal
Regulations (CFR). EPA proposed this action on June 29, 2022, and
received no comments.
DATES: This final rule is effective on December 2, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0788 or EPA-R05-OAR-2020-0353. 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 and facility closures due to COVID-19. We recommend
that you telephone Andrew Lee, Physical Scientist, at (312)-353-7645
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Andrew Lee, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312)-353-7645,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On June 29, 2022 (87 FR 38693), EPA proposed to approve most
elements of a November 2, 2018, submission from the Indiana Department
of Environmental Management (IDEM) intended to address most applicable
infrastructure requirements for the 2015 ozone NAAQS. Additionally, EPA
proposed to approve a June 24, 2020, submission from IDEM that seeks to
revise the Indiana SIP by incorporating by reference updated rules at
326 IAC 1-1-3 (References to the Code of Federal Regulations) with an
effective date of April 4, 2020. The revision to 326 IAC 1-1-3
identifies that, unless otherwise indicated, any reference within 326
IAC to a provision of the CFR shall mean the July 1, 2018, edition. 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 July 29, 2022.
EPA received no comments on the proposal. Therefore, we are finalizing
our action as proposed.
II. Final Action
EPA is approving most elements of a submission from IDEM certifying
that its current SIP is sufficient to meet the required infrastructure
elements under sections 110(a)(1) and (2) for the 2015 ozone NAAQS. EPA
is not acting on the interstate transport requirements of section
110(a)(2)(D)(i)(I) and visibility impairment requirements of section
110(a)(2)(D)(i)(II). EPA has proposed action in a separate rulemaking
on the portion of the submission pertaining to the interstate transport
requirements of section 110(a)(2)(D)(i)(I) with respect to the 2015
ozone NAAQS. See 87 FR 9838. EPA's actions for the state's satisfaction
of infrastructure SIP requirements, by element of section 110(a)(2),
are contained in the table below.
------------------------------------------------------------------------
Element 2015 Ozone
------------------------------------------------------------------------
(A)--Emission limits and other control measures A
(B)--Ambient air quality monitoring/data system A
[[Page 66092]]
(C)1--Program for enforcement of control A
measures.
(C)2--Minor NSR................................ A
(C)3--PSD...................................... A
(D)1--I Prong 1: Interstate transport-- NA
significant contribution to nonattainment.
(D)2--I Prong 2: Interstate transport-- NA
interference with maintenance.
(D)3--II Prong 3: Interstate transport-- A
interference with PSD.
(D)4--II Prong 4: Interstate transport-- NA
interference with visibility protection.
(D)5--Interstate and international pollution A
abatement.
(E)1--Adequate resources....................... A
(E)2--State board requirements................. A
(F)--Stationary source monitoring system....... A
(G)--Emergency powers.......................... A
(H)--Future SIP revisions...................... A
(I)--Nonattainment planning requirements of (*)
part D.
(J)1--Consultation with government officials... A
(J)2--Public notification...................... A
(J)3--PSD...................................... A
(J)4--Visibility protection.................... (*)
(K)--Air quality modeling/data................. A
(L)--Permitting fees........................... A
(M)--Consultation/participation by affected A
local entities.
------------------------------------------------------------------------
In the above table, the key is as follows:
A Approve
NA No Action/Separate Rulemaking
* Not germane to infrastructure SIPs
EPA is also approving the June 24, 2020, submission from Indiana,
which revises the Indiana SIP by incorporating by reference the more
recent July 1, 2018, edition of the CFR.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Regulations described in Section I 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).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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 January 3, 2023. 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).)
[[Page 66093]]
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: October 21, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, 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. Amend Sec. 52.770 by:
0
a. In paragraph (c), amend the table by revising the entry for 1-1-3
``References to the Code of Federal Regulations'' under Article 1, Rule
1 ``Provisions Applicable Throughout Title 326''.
0
b. In paragraph (e), amend the table by adding an entry for ``Section
110(a)(2) Infrastructure Requirements for the 2015 Ozone NAAQS'' after
the entry for ``Section 110(a)(2) Infrastructure Requirements for the
2008 8-Hour Ozone NAAQS''.
The revision and addition read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective date EPA approval date Notes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1-1-3.................... References to the Code 6/24/2020 11/2/2022, [INSERT
of Federal Federal Register
Regulations. CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Indiana Nonregulatory Provisions and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Indiana
Title date EPA approval Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure 11/2/2018 11/2/2022, [INSERT Federal All CAA infrastructure
Requirements for the 2015 Ozone NAAQS. Register CITATION]. elements have been
approved except (D)(i)(I)
and the visibility portion
of (D)(i)(II).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-23335 Filed 11-1-22; 8:45 am]
BILLING CODE 6560-50-P
