Air Plan Approval; Indiana; Ozone SIP Modifications Due to the Municipal Solid Waste Landfill Update, 66607-66609 [2024-17991]
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedures,
Air pollution control, Approval and
promulgation of implementation plans,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements, Sulfur
Oxides.
Joseph Goffman,
Assistant Administrator.
[FR Doc. 2024–17328 Filed 8–15–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2023–0190; FRL–12117–
02–R5]
Air Plan Approval; Indiana; Ozone SIP
Modifications Due to the Municipal
Solid Waste Landfill Update
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the Indiana
Department of Environmental
Management’s (IDEM) request to repeal
and replace portions of the Indiana
Administrative Code (IAC) for Lake,
Porter, Clark, and Floyd Counties in
Indiana. This new regulation includes
Federal updates to municipal solid
waste landfill rules with the
incorporation by reference of the
Federal plan for Municipal Solid Waste
Landfills. EPA finds that this action is
approvable because it is consistent with
the EPA’s Emission Guidelines for
Municipal Solid Waste Landfills and is
a SIP strengthening measure.
DATES: This direct final rule will be
effective October 15, 2024, unless EPA
receives adverse comments by
September 16, 2024. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2023–0190 at https://
www.regulations.gov, or via email to
arra.sarah@epa.gov. For comments
submitted at https://
www.regulations.gov, follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from the docket. EPA
may publish any comment received to
its public docket. Do not submit
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electronically any information you
consider to be Confidential Business
Information (CBI), Proprietary Business
Information (PBI), or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI, PBI, or
multimedia submissions, and general
guidance on making effective
comments, please visit https://
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT:
Katie Mullen, Air and Radiation
Division (AR18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–3490,
mullen.kathleen@epa.gov. The EPA
Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday,
excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. What is the background of this SIP
submission?
Municipal solid waste landfills
(MSWLFs) are discrete areas of land or
excavation that receive household waste
or other types of nonhazardous wastes
such as commercial solid waste,
nonhazardous sludge, and industrial
nonhazardous solid waste. The original
New Source Performance Standards
(NSPS) (40 CFR part 60, subpart WWW)
for MSWLFs and Emission Guidelines
(40 CFR part 60, subpart Cc) for existing
MSWLFs were promulgated by EPA on
March 12, 1996 (61 FR 9905), based on
the determination that MSWLFs cause
or significantly contribute to air
pollution that is considered to endanger
public health and welfare.
326 IAC 8–8 implements the Federal
1996 Emission Guidelines and applies
to landfills located in Lake, Porter,
Clark, and Floyd counties. On January
17, 1997, EPA approved 326 IAC 8–8
into Indiana’s SIP to address volatile
organic compound (VOC) emission
reductions for the nonattainment
counties under the 1-hour ozone
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66607
National Ambient Air Quality Standard
(NAAQS). Specifically, 326 IAC 8–8
addresses Indiana’s 15% Rate of
Progress Plan to control VOC emissions
in Clark and Floyd Counties and is
included in the VOC contingency plans
for Lake and Porter Counties (January
17, 1997, 62 FR 2591).
On August 29, 2016, EPA revised the
MSWLF NSPS and Emission Guidelines
in 40 CFR part 60, subparts XXX and Cf,
respectively (81 FR 59332; 81 FR
59276). The 2016 Emission Guidelines
revision updates the control
requirements and monitoring, reporting,
and recordkeeping provisions for
existing MSWLF sources. In particular,
the 2016 Emissions Guidelines
implement changes to existing landfills
that lower the emissions threshold of
non-methane organic compounds
(which include VOCs), at which an
operator must install controls.
On May 21, 2021, EPA promulgated
40 CFR part 62, subpart OOO as the
Federal plan for existing landfills (86 FR
27770). Indiana promulgated 326 IAC 8–
8.2 to incorporate by reference the
Federal plan to use as the underlying
rule which implements and enforces the
applicable provisions under the MSWLF
2016 Emission Guidelines in 40 CFR
part 60, subpart Cf.
Consequently, MSWLFs in Indiana
are subject to both 326 IAC 8–8 and the
Federal plan for existing landfills if EPA
does not repeal 326 IAC 8–8 and replace
it with rule 326 IAC 8–8.2.
II. What is EPA’s analysis of the SIP
revision
326 IAC 8–8.2 includes Federal
updates to MSWLF rules with the
incorporation by reference of the
Federal plan for MSWLFs at 40 CFR part
62, subpart OOO. The Federal plan
implements and enforces the 2016
MSWLF Emission Guidelines, codified
in 40 CFR part 60, subpart Cf.
The updated 2016 Emission
Guidelines apply to landfills
constructed, modified, or reconstructed
on or before July 17, 2014. These
Emission Guidelines achieve additional
emissions reductions of landfill gas and
its components, including VOCs, by
lowering the emissions threshold at
which a landfill must install controls.
In particular, the 2016 Emission
Guidelines are more stringent since they
require affected landfills to install and
operate gas collection control systems
within 30 months after landfill gas
emissions reach a new, lower threshold
of 34 metric tons of non-methane
organic compounds, which includes
VOCs, or more per year. This threshold
previously was higher at 50 metric tons
per year in the 1996 Emission
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Rules and Regulations
Guidelines, which is incorporated in
326 IAC 8–8.
In addition, the 2016 Emission
Guidelines address other regulatory
issues, including surface emissions
monitoring, wellhead monitoring, and
the definition of landfill gas treatment
system.
Since 326 IAC 8–8.2 is more stringent
than 326 IAC 8–8 and reflects EPA’s
most recent Federal rulemaking on
MSWLFs, EPA approves this regulation
to replace 326 IAC 8–8.
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III. What action is EPA taking?
EPA is approving 326 IAC 8–8.2 for
Lake, Porter, Clark, and Floyd Counties
in Indiana and the repeal of 326 IAC 8–
8 for those same counties. EPA is
approving 326 IAC 8–8.2 as a VOC SIP
strengthening measure.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
State plan if relevant adverse written
comments are filed. This rule will be
effective October 15, 2024 without
further notice unless we receive relevant
adverse written comments by September
16, 2024. If we receive such comments,
we will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
October 15, 2024.
IV. 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
326 IAC 8–8.2 effective March 10, 2023,
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
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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 the
amendments to 40 CFR part 52 set forth
below, EPA is removing provisions of
the EPA-Approved Indiana Regulations
from the Indiana SIP, which is
incorporated by reference in accordance
with the requirements of 1 CFR part 51.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act 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 Clean Air Act. 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;
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• 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 Clean Air Act.
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.’’
IDEM did not evaluate EJ
considerations as part of its SIP
submittal; 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. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving EJ for people of color, lowincome populations, and Indigenous
peoples.
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Volatile organic compounds.
Dated: August 7, 2024.
Debra Shore,
Regional Administrator, Region 5.
Solid Waste Landfills Located in Clark,
Floyd, Lake, and Porter Counties:’’ and
adding in numerical order the entry
‘‘Rule 8.2. Federal Standards Applicable
to Certain Municipal Solid Waste
Landfills’’ to read as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.770
2. In § 52.770, the table in paragraph
(c) is amended under ‘‘Article 8.
Volatile Organic Compound Rules’’ by
removing the entry ‘‘Rule 8. Municipal
■
For the reasons stated in the
preamble, title 40 CFR part 52 is
amended as follows:
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective
date
Subject
*
*
*
*
EPA approval date
*
Notes
*
*
*
*
Article 8. Volatile Organic Compound Rules
*
*
*
*
*
Rule 8.2. Federal Standards Applicable to Certain Municipal Solid Waste Landfill
8–8.2 .....................
Adoption of federal standards applicable to
certain municipal solid waste landfills.
*
*
*
*
*
*
*
*
[FR Doc. 2024–17991 Filed 8–15–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2024–0025; FRL–11676–
02–R7]
Air Plan Approval; Nebraska;
Revisions to Title 129 of the Nebraska
Administrative Code; Nebraska Air
Quality Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the State
Implementation Plan (SIP), Operating
Permits Program, and 112(l) Plan for the
State of Nebraska. This final action will
amend the SIP to revise Nebraska air
quality regulations and will add specific
definitions from a Nebraska statute.
These changes include new and
renumbered rules, the consolidation of
43 chapters into 16 chapters,
replacement of duplicative language
with references to state statute and
federal regulation, revisions to reflect
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*
8/16/2024, [INSERT FIRST PAGE OF FEDERAL REGISTER CITATION].
*
changes to state and federal law, and
other changes to state regulations. The
EPA’s approval of this rule revision is
in accordance with the requirements of
the Clean Air Act (CAA).
DATES: This final rule is effective on
September 16, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2024–0025. 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, 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 through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
William Stone, Environmental
Protection Agency, Region 7 Office, Air
Permitting and Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas
66219; telephone number: (913) 551–
7714; email address: stone.william@
epa.gov.
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*
*
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. The EPA’s Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The EPA is amending Nebraska’s SIP
and Operating Permits Program to
include revisions to title 129 of the
Nebraska Administrative Code and to
add specific definitions from Nebraska
Revised Statute 81–1502. The EPA is
approving revisions to the Nebraska SIP
received on December 2, 2022. The
revisions are to Title 129—Nebraska Air
Quality Regulations and include
specific definitions from Nebraska
Revised Statute 81–1502. These changes
include new and renumbered rules, the
consolidation of 43 chapters into 16
chapters, replacement of duplicative
language with references to state statute
and federal regulation, approval of
specific definitions in state statute,
revisions to reflect changes to state and
federal law, and other changes to state
regulations.
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]]>Agencies
[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Rules and Regulations]
[Pages 66607-66609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17991]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2023-0190; FRL-12117-02-R5]
Air Plan Approval; Indiana; Ozone SIP Modifications Due to the
Municipal Solid Waste Landfill Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
Indiana Department of Environmental Management's (IDEM) request to
repeal and replace portions of the Indiana Administrative Code (IAC)
for Lake, Porter, Clark, and Floyd Counties in Indiana. This new
regulation includes Federal updates to municipal solid waste landfill
rules with the incorporation by reference of the Federal plan for
Municipal Solid Waste Landfills. EPA finds that this action is
approvable because it is consistent with the EPA's Emission Guidelines
for Municipal Solid Waste Landfills and is a SIP strengthening measure.
DATES: This direct final rule will be effective October 15, 2024,
unless EPA receives adverse comments by September 16, 2024. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2023-0190 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at https://www.regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from the
docket. EPA may publish any comment received to its public docket. Do
not submit electronically any information you consider to be
Confidential Business Information (CBI), Proprietary Business
Information (PBI), or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e. on the web, cloud, or
other file sharing system). For additional submission methods, please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section. For the full EPA public comment policy, information about CBI,
PBI, or multimedia submissions, and general guidance on making
effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Katie Mullen, Air and Radiation
Division (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-3490,
[email protected]. The EPA Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is the background of this SIP submission?
Municipal solid waste landfills (MSWLFs) are discrete areas of land
or excavation that receive household waste or other types of
nonhazardous wastes such as commercial solid waste, nonhazardous
sludge, and industrial nonhazardous solid waste. The original New
Source Performance Standards (NSPS) (40 CFR part 60, subpart WWW) for
MSWLFs and Emission Guidelines (40 CFR part 60, subpart Cc) for
existing MSWLFs were promulgated by EPA on March 12, 1996 (61 FR 9905),
based on the determination that MSWLFs cause or significantly
contribute to air pollution that is considered to endanger public
health and welfare.
326 IAC 8-8 implements the Federal 1996 Emission Guidelines and
applies to landfills located in Lake, Porter, Clark, and Floyd
counties. On January 17, 1997, EPA approved 326 IAC 8-8 into Indiana's
SIP to address volatile organic compound (VOC) emission reductions for
the nonattainment counties under the 1-hour ozone National Ambient Air
Quality Standard (NAAQS). Specifically, 326 IAC 8-8 addresses Indiana's
15% Rate of Progress Plan to control VOC emissions in Clark and Floyd
Counties and is included in the VOC contingency plans for Lake and
Porter Counties (January 17, 1997, 62 FR 2591).
On August 29, 2016, EPA revised the MSWLF NSPS and Emission
Guidelines in 40 CFR part 60, subparts XXX and Cf, respectively (81 FR
59332; 81 FR 59276). The 2016 Emission Guidelines revision updates the
control requirements and monitoring, reporting, and recordkeeping
provisions for existing MSWLF sources. In particular, the 2016
Emissions Guidelines implement changes to existing landfills that lower
the emissions threshold of non-methane organic compounds (which include
VOCs), at which an operator must install controls.
On May 21, 2021, EPA promulgated 40 CFR part 62, subpart OOO as the
Federal plan for existing landfills (86 FR 27770). Indiana promulgated
326 IAC 8-8.2 to incorporate by reference the Federal plan to use as
the underlying rule which implements and enforces the applicable
provisions under the MSWLF 2016 Emission Guidelines in 40 CFR part 60,
subpart Cf.
Consequently, MSWLFs in Indiana are subject to both 326 IAC 8-8 and
the Federal plan for existing landfills if EPA does not repeal 326 IAC
8-8 and replace it with rule 326 IAC 8-8.2.
II. What is EPA's analysis of the SIP revision
326 IAC 8-8.2 includes Federal updates to MSWLF rules with the
incorporation by reference of the Federal plan for MSWLFs at 40 CFR
part 62, subpart OOO. The Federal plan implements and enforces the 2016
MSWLF Emission Guidelines, codified in 40 CFR part 60, subpart Cf.
The updated 2016 Emission Guidelines apply to landfills
constructed, modified, or reconstructed on or before July 17, 2014.
These Emission Guidelines achieve additional emissions reductions of
landfill gas and its components, including VOCs, by lowering the
emissions threshold at which a landfill must install controls.
In particular, the 2016 Emission Guidelines are more stringent
since they require affected landfills to install and operate gas
collection control systems within 30 months after landfill gas
emissions reach a new, lower threshold of 34 metric tons of non-methane
organic compounds, which includes VOCs, or more per year. This
threshold previously was higher at 50 metric tons per year in the 1996
Emission
[[Page 66608]]
Guidelines, which is incorporated in 326 IAC 8-8.
In addition, the 2016 Emission Guidelines address other regulatory
issues, including surface emissions monitoring, wellhead monitoring,
and the definition of landfill gas treatment system.
Since 326 IAC 8-8.2 is more stringent than 326 IAC 8-8 and reflects
EPA's most recent Federal rulemaking on MSWLFs, EPA approves this
regulation to replace 326 IAC 8-8.
III. What action is EPA taking?
EPA is approving 326 IAC 8-8.2 for Lake, Porter, Clark, and Floyd
Counties in Indiana and the repeal of 326 IAC 8-8 for those same
counties. EPA is approving 326 IAC 8-8.2 as a VOC SIP strengthening
measure.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the State plan if relevant adverse
written comments are filed. This rule will be effective October 15,
2024 without further notice unless we receive relevant adverse written
comments by September 16, 2024. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective
October 15, 2024.
IV. 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 326 IAC 8-8.2 effective March 10, 2023, 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 the amendments to 40 CFR part 52 set forth below, EPA is removing
provisions of the EPA-Approved Indiana Regulations from the Indiana
SIP, which is incorporated by reference in accordance with the
requirements of 1 CFR part 51.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
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 Clean Air Act.
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 Clean Air Act.
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.''
IDEM did not evaluate EJ considerations as part of its SIP
submittal; 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. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for people of color, low-income populations,
and Indigenous peoples.
[[Page 66609]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds.
Dated: August 7, 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 under
``Article 8. Volatile Organic Compound Rules'' by removing the entry
``Rule 8. Municipal Solid Waste Landfills Located in Clark, Floyd,
Lake, and Porter Counties:'' and adding in numerical order the entry
``Rule 8.2. Federal Standards Applicable to Certain Municipal Solid
Waste Landfills'' to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective EPA approval date Notes
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 8. Volatile Organic Compound Rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 8.2. Federal Standards Applicable to Certain Municipal Solid Waste Landfill
----------------------------------------------------------------------------------------------------------------
8-8.2...................... Adoption of federal 12/8/2021 8/16/2024, [INSERT FIRST ..................
standards applicable to PAGE OF FEDERAL
certain municipal solid REGISTER CITATION].
waste landfills.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-17991 Filed 8-15-24; 8:45 am]
BILLING CODE 6560-50-P
