Air Plan Approval; Indiana; Opacity Rule, 31645-31647 [2024-08712]
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Federal Register / Vol. 89, No. 81 / Thursday, April 25, 2024 / Rules and Regulations
d. * * * For mailings presented under 7.0,
mailers may document and pay postage using
USPS Ship under 2.9.
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8.0 Preparing Pallets
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8.6 Pallet Labels
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8.6.6
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Line 3
[Revise the third sentence of the
introductory text of 8.6.6 to read as follows:]
* * * Labels on containers of parcels
prepared using USPS Ship under 2.9 must
show ‘‘USPS Ship’’ either to the left of
required line 3 information or directly below
line 3 using the same size and lettering used
for line 3. * * *
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18.0 riority Mail Express Open and
Distribute and Priority Mail Open and
Distribute
18.1
Prices and Fees
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18.1.6
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Postage Statement for Enclosed Mail
[Revise the text of 18.1.6 to read as
follows:]
The mailer must provide the correct
postage statement for the enclosed mail
unless prepared under USPS Ship. If the
enclosed mail is zone-priced, the mailer must
either provide documentation that details the
pieces and postage, by zone for each Priority
Mail Express Open and Distribute or Priority
Mail Open and Distribute shipment
destination or provide a separate postage
statement for each Priority Mail Express
Open and Distribute or Priority Mail Open
and Distribute shipment destination. The
mailer must always present the mailing to the
designated USPS acceptance unit for
verification of postage and fees. A postage
statement is not required for the Priority Mail
Express or Priority Mail portion of the Open
and Distribute shipment, unless Priority Mail
postage is paid by permit imprint not
prepared under USPS Ship.
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18.5
Preparation
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Enter and Deposit
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[Revise the text of 18.6.3 to read as
follows:]
Upon completion of the verification and
acceptance of the contents, all Open and
Distribute tags and labels must be
postmarked and signed in the space provided
unless prepared under an authorized USPS
Ship manifest mailing system. Open and
Distribute USPS Ship tags and labels bear the
marking ‘‘APPROVED USPS Ship MAILER’’
in the space normally designated for the
postmark and signature.
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21.0
Optional Combined Parcel Mailings
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21.1 Basic Standards for Combining Parcel
Select, Package Services, and USPS
Marketing Mail Parcels
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21.1.2
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Postage Payment
[Revise the last sentence of 21.1.2 to read
as follows:]
* * * Mailers may document and pay
postage using USPS Ship under 2.9.
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Index
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[Alphabetically under ‘‘U’’ list the
following:]
USPS Ship, 705.2.9
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Colleen Hibbert-Kapler,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2024–08814 Filed 4–24–24; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2021–0936; FRL–9859–02–
R5]
Air Plan Approval; Indiana; Opacity
Rule
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
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18.6.3 Postmark and Signing Tags and
Labels
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[Revise the second sentence of the
introductory text of 18.5.4 to read as follows:]
* * * For mailings prepared under USPS
Ship, use green Tag 161–EVS and pink Tag
190–EVS. * * *
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18.6
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18.5.4 Tags 161 and 190—Priority Mail
Open and Distribute
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[Delete the ‘‘Electronic Verification System
(eVS), 705.2.9’’ line item.
[Revise the second sentence of the
introductory text of 18.5.3 to read as follows:]
* * * For mailings prepared under USPS
Ship, use blue Tag 257–EVS and yellow Tag
267–EVS. * * *
*
[Revise the first sentence in the
introductory text of 18.5.7 to read as follows:]
An electronic service barcode must include
USS 128 or Intelligent Mail package barcode
(IMpb) (USPS Ship approved mailers)
symbology for Priority Mail Express Open
and Distribute, and the IMpb symbology for
Priority Mail Open and Distribute in the
address label. * * *
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18.5.3 Tags 257 and 267—Priority Mail
Express Open and Distribute
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18.5.7 Address Label Service Barcode
Requirement
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31645
Final rule.
The Environmental Protection
Agency (EPA) is approving a revision to
the Indiana State Implementation Plan
(SIP), authorizing temporary alternative
opacity limitations at the BP Products
North America, Inc. (BP) facility in
Whiting, Indiana during startup and
shutdown. This approval is consistent
with the Clean Air Act (CAA) and EPA
regulations regarding emissions during
these periods in the refinery sector. EPA
proposed to approve this SIP
submission on August 17, 2022, and
received no comments.
SUMMARY:
This final rule is effective May
28, 2024.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2021–0936. 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. We
recommend that you telephone Matt
Rau at (312) 886–6524 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt
Rau, Air and Radiation Division (AR–
18J), Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6524,
rau.matthew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
ADDRESSES:
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Federal Register / Vol. 89, No. 81 / Thursday, April 25, 2024 / Rules and Regulations
I. Background Information
On August 17, 2022 (87 FR 50594),
EPA proposed to approve Indiana’s
opacity rule section 326 Indiana
Administrative Code (IAC) 5–1–8,
effective December 8, 2021, as a revision
to the Indiana SIP. The rule revision
provides BP’s two fluidized catalytic
cracking units (FCUs), FCU 500 and
FCU 600, with a temporary alternative
opacity limitation to address safety
hazards during startup, shutdown, and
hot standby.
As noted in EPA’s proposal, the
temporary alternative opacity limitation
provided to BP in 326 IAC 5–1–8 is
consistent with applicable requirements
in 326 IAC 5–1–3, approved by EPA on
July 16, 2002 (67 FR 46589). This
revision applies only to opacity rules at
326 IAC 5–1–8 as allowed under 326
IAC 5–1–3. Emission limitations and
monitoring for all other pollutants,
including particulate matter, remain
unchanged.
The temporary alternative opacity
limit is also consistent with the
requirements of 40 CFR part 63, subpart
UUU, the National Emission Standards
for Hazardous Air Pollutants (NESHAP)
for Petroleum Refineries: Catalytic
Cracking Units, Catalytic Reforming
Units, and Sulfur Recovery Units. The
NESHAP allows units to demonstrate
compliance during periods of startup,
shutdown, or hot standby by
maintaining the inlet velocity to the
primary internal cyclones of the FCU
catalyst regenerator at or above 20 feet
per second. 326 IAC 5–1–8(c) requires
BP to follow the same requirement as
the NESHAP for FCU 500 and FCU 600,
including the operating, data collection,
and recordkeeping requirements. 326
IAC 5–1–8 (c)(3)(G) also requires BP to
minimize emissions consistent with the
NESHAP.
The public comment period for this
proposed rule ended on September 16,
2022. EPA received no comments. EPA
is finalizing this action as proposed.
II. Final Action.
EPA is approving Indiana’s opacity
rule section 326 IAC 5–1–8 as a revision
to the Indiana SIP.
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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
VerDate Sep<11>2014
15:53 Apr 24, 2024
Jkt 262001
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
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 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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
1 62
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FR 27968 (May 22, 1997).
Frm 00046
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application of those requirements would
be inconsistent with the CAA.
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).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
Indiana did not evaluate
environmental justice considerations as
part of its SIP submission; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
action.
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 June 24, 2024. 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
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Federal Register / Vol. 89, No. 81 / Thursday, April 25, 2024 / Rules and Regulations
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Dated: April 18, 2024.
Debra Shore,
Regional Administrator, Region 5.
List of Subjects in 40 CFR Part 52
For the reasons stated in the
preamble, title 40 CFR part 52 is
amended as follows:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.770, the table in paragraph
(c) is amended by revising the entry for
‘‘5–1–8’’ to read as follows:
■
§ 52.770
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Identification of plan.
*
*
(c) * * *
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*
1. The authority citation for part 52
continues to read as follows:
■
EPA—APPROVED—INDIANA REGULATIONS
Indiana citation
*
5–1–8 ..............
*
Site-specific temporary alternate opacity limitations.
*
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*
Indiana
effective date
Subject
*
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*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R02–OAR–2023–0636, FRL–11638–
02–R2]
Approval and Promulgation of Plans
for Designated Facilities; New Jersey;
Delegation of Authority
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a request
from the New Jersey Department of
Environmental Protection (NJDEP) for
delegation of authority to implement
and enforce the Federal Plan
Requirements for Municipal Solid
Waste (MSW) landfills that commenced
construction on or before July 17, 2014,
and have not been modified or
reconstructed since July 17, 2014. On
November 21, 2023, the NJDEP
Assistant Commissioner signed a
memorandum of agreement (MoA)
concerning the delegation of authority
of the Federal Plan for existing MSW
landfills to the NJDEP by the EPA.
Subsequently, on November 28, 2023,
the MoA became effective upon the EPA
Region 2 Regional Administrator’s
signature. The signed MoA serves as the
mechanism for the transfer of the EPA’s
authority to the NJDEP. The purpose of
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SUMMARY:
15:53 Apr 24, 2024
12/8/2021
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this delegation is to acknowledge the
NJDEP’s ability to implement the
Federal Plan and to transfer primary
implementation and enforcement
responsibilities from the EPA to the
NJDEP for existing sources of MSW
landfills. This notice informs the public
of the MoA, provides a copy of the
signed document, and amends
regulatory text to promulgate the
delegation of authority.
DATES: This rule is effective on May 28,
2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2023–0636. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Controlled Unclassified
Information (CUI) (formally referred to
as 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 electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Fausto Taveras, Environmental
Protection Agency, Region 2, Air
Programs Branch, 290 Broadway, New
York, New York 10007–1866, at (212)
637–3378, or by email at
Taveras.Fausto@epa.gov.
SUPPLEMENTARY INFORMATION: The
SUPPLEMENTARY INFORMATION section is
arranged as follows:
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4/25/2024, [INSERT FIRST PAGE OF FEDERAL REGISTER CITATION].
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[FR Doc. 2024–08712 Filed 4–24–24; 8:45 am]
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I. What is the background for this action?
II. What comments were received in response
to the EPA’s proposed action?
III. What action is the EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this
action?
On February 20, 2024 (89 FR 12796),
the EPA published a Notice of Proposed
Rulemaking (NPRM) that proposed
approving the New Jersey Department of
Environmental Protection (NJDEP)
request, dated May 8, 2023, for
delegation of authority of the Federal
Plan Requirements for Municipal Solid
Waste (MSW) Landfills That
Commenced Construction On or Before
July 17, 2014, and Have Not Been
Modified or Reconstructed Since July
17, 2014, (Federal Plan), codified at 40
CFR part 62, subpart OOO, for existing
sources of MSW Landfills. New Jersey’s
request letter included a commitment to
enter a memorandum of agreement
(MoA) developed by the NJDEP and the
EPA, which defines the policies,
responsibilities, and procedures that the
NJDEP and the EPA will conform to in
administering the Federal Plan
requirements. The MoA was signed by
the NJDEP Assistant Commissioner on
November 21, 2023, and the EPA Region
2 Regional Administrator on November
28, 2023. The NPRM informed the
public of the MoA, provided a copy of
the signed document, and proposed
amending associated regulatory text at
40 CFR part 62, subpart FF—New Jersey
to promulgate the approved delegation
of authority to the NJDEP for
implementing and enforcing the Federal
Plan Requirements for Municipal Solid
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]]>Agencies
[Federal Register Volume 89, Number 81 (Thursday, April 25, 2024)]
[Rules and Regulations]
[Pages 31645-31647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08712]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2021-0936; FRL-9859-02-R5]
Air Plan Approval; Indiana; Opacity Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Indiana State Implementation Plan (SIP), authorizing
temporary alternative opacity limitations at the BP Products North
America, Inc. (BP) facility in Whiting, Indiana during startup and
shutdown. This approval is consistent with the Clean Air Act (CAA) and
EPA regulations regarding emissions during these periods in the
refinery sector. EPA proposed to approve this SIP submission on August
17, 2022, and received no comments.
DATES: This final rule is effective May 28, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2021-0936. 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. We recommend
that you telephone Matt Rau at (312) 886-6524 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Air and Radiation Division
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6524,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
[[Page 31646]]
I. Background Information
On August 17, 2022 (87 FR 50594), EPA proposed to approve Indiana's
opacity rule section 326 Indiana Administrative Code (IAC) 5-1-8,
effective December 8, 2021, as a revision to the Indiana SIP. The rule
revision provides BP's two fluidized catalytic cracking units (FCUs),
FCU 500 and FCU 600, with a temporary alternative opacity limitation to
address safety hazards during startup, shutdown, and hot standby.
As noted in EPA's proposal, the temporary alternative opacity
limitation provided to BP in 326 IAC 5-1-8 is consistent with
applicable requirements in 326 IAC 5-1-3, approved by EPA on July 16,
2002 (67 FR 46589). This revision applies only to opacity rules at 326
IAC 5-1-8 as allowed under 326 IAC 5-1-3. Emission limitations and
monitoring for all other pollutants, including particulate matter,
remain unchanged.
The temporary alternative opacity limit is also consistent with the
requirements of 40 CFR part 63, subpart UUU, the National Emission
Standards for Hazardous Air Pollutants (NESHAP) for Petroleum
Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and
Sulfur Recovery Units. The NESHAP allows units to demonstrate
compliance during periods of startup, shutdown, or hot standby by
maintaining the inlet velocity to the primary internal cyclones of the
FCU catalyst regenerator at or above 20 feet per second. 326 IAC 5-1-
8(c) requires BP to follow the same requirement as the NESHAP for FCU
500 and FCU 600, including the operating, data collection, and
recordkeeping requirements. 326 IAC 5-1-8 (c)(3)(G) also requires BP to
minimize emissions consistent with the NESHAP.
The public comment period for this proposed rule ended on September
16, 2022. EPA received no comments. EPA is finalizing this action as
proposed.
II. Final Action.
EPA is approving Indiana's opacity rule section 326 IAC 5-1-8 as a
revision to the Indiana SIP.
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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Indiana did not evaluate environmental justice considerations as
part of its SIP submission; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action.
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 June 24, 2024. 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
[[Page 31647]]
be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: April 18, 2024.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 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 (c) is amended by revising
the entry for ``5-1-8'' 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-1-8.......................... Site-specific 12/8/2021 4/25/2024, [INSERT
temporary FIRST PAGE OF FEDERAL
alternate REGISTER CITATION].
opacity
limitations.
* * * * * * *
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* * * * *
[FR Doc. 2024-08712 Filed 4-24-24; 8:45 am]
BILLING CODE 6560-50-P
