Rule2022-14202
Air Plan Approval; Indiana; Redesignation of the Indiana Portion of the Louisville, Indiana-Kentucky Area to Attainment of the 2015 Ozone Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 5, 2022
Effective
July 5, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) finds that the Indiana portion of the Louisville, Indiana-Kentucky area (Area) is attaining the 2015 primary and secondary ozone National Ambient Air Quality Standards (NAAQS), and acts in accordance with a request from the Indiana Department of Environmental Management (IDEM) to redesignate the Indiana portion of the area to attainment for the 2015 ozone NAAQS because the request meets the statutory requirements for redesignation under the Clean Air Act (CAA). The Area includes Clark and Floyd Counties in Indiana and Bullitt, Jefferson, and Oldham Counties in Kentucky. IDEM submitted this request on February 21, 2022. EPA is approving, as a revision to the Indiana State Implementation Plan (SIP), the State's plan for maintaining the 2015 ozone NAAQS through 2035 in the Indiana portion of the Louisville area. EPA also finds adequate and is approving Indiana's 2035 volatile organic compound (VOC) and oxides of nitrogen (NO<INF>X</INF>) Motor Vehicle Emission Budgets (budgets) for the Indiana portion of the Louisville area. Finally, EPA is approving portions of a separate January 21, 2021, submittal from IDEM as meeting the applicable requirements for a base year emissions inventory for the area and emissions statement program for Lake, Porter, Clary, and Floyd counties. EPA proposed to approve these actions on May 18, 2022, and received no adverse comments.
Full Text
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<title>Federal Register, Volume 87 Issue 127 (Tuesday, July 5, 2022)</title>
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[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Rules and Regulations]
[Pages 39750-39752]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14202]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2021-0054; EPA-R05-OAR-2022-0254; FRL-9686-02-Region 5]
Air Plan Approval; Indiana; Redesignation of the Indiana Portion
of the Louisville, Indiana-Kentucky Area to Attainment of the 2015
Ozone Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) finds that the
Indiana portion of the Louisville, Indiana-Kentucky area (Area) is
attaining the 2015 primary and secondary ozone National Ambient Air
Quality Standards (NAAQS), and acts in accordance with a request from
the Indiana Department of Environmental Management (IDEM) to
redesignate the Indiana portion of the area to attainment for the 2015
ozone NAAQS because the request meets the statutory requirements for
redesignation under the Clean Air Act (CAA). The Area includes Clark
and Floyd Counties in Indiana and Bullitt, Jefferson, and Oldham
Counties in Kentucky. IDEM submitted this request on February 21, 2022.
EPA is approving, as a revision to the Indiana State Implementation
Plan (SIP), the State's plan for maintaining the 2015 ozone NAAQS
through 2035 in the Indiana portion of the Louisville area. EPA also
finds adequate and is approving Indiana's 2035 volatile organic
compound (VOC) and oxides of nitrogen (NO<INF>X</INF>) Motor Vehicle
Emission Budgets (budgets) for the Indiana portion of the Louisville
area. Finally, EPA is approving portions of a separate January 21,
2021, submittal from IDEM as meeting the applicable requirements for a
base year emissions inventory for the area and emissions statement
program for Lake, Porter, Clary, and Floyd counties. EPA proposed to
approve these actions on May 18, 2022, and received no adverse
comments.
DATES: This final rule is effective on July 5, 2022.
ADDRESSES: EPA has established dockets for this action under Docket ID
EPA-R05-OAR-2020-0054, or EPA-R05-OAR-2022-0254. All documents in the
docket are listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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.
[[Page 39751]]
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,
<a href="/cdn-cgi/l/email-protection#167a73733877787264736138755673667738717960"><span class="__cf_email__" data-cfemail="620e07074c030c061007154c01220712034c050d14">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On May 18, 2022 (87 FR 30129), EPA proposed to approve the 2015
Ozone NAAQS redesignation and maintenance plan for the Indiana portion
of the Louisville area and IDEM's 2035 VOC and NO<INF>X</INF> motor
vehicle emission budgets for the Indiana portion of the Louisville
area. EPA also proposed to approve IDEM's emission inventory for the
Indiana portion of the Louisville area under the 2015 Ozone NAAQS, and
IDEM's emission statement certification for the 2015 ozone standard. An
explanation of the CAA requirements, a detailed analysis of the
revisions, and EPA's reasons for proposing approval were provided in
the notice of proposed rulemaking and will not be restated here. The
public comment period for this proposed rule ended on June 17, 2022.
EPA received no comments on the proposal. We are finalizing our action
as proposed.
II. Final Action
EPA finds that the Indiana portion of the Area is attaining the
2015 ozone NAAQS based on quality-assured and certified monitoring data
for 2019-2021 and that the Area has met the requirements for
redesignation under section 107(d)(3)(E) of the CAA. EPA is thus
approving a change in the legal designation of the Indiana portion of
the Area from nonattainment to attainment for the 2015 ozone NAAQS. EPA
is also approving, as a revision to the Indiana SIP, the State's
maintenance plan for the Area. The maintenance plan is designed to keep
the Indiana portion of the Area in attainment of the 2015 ozone NAAQS
through 2035. EPA also finds adequate and is approving the 2035 VOC and
NO<INF>X</INF> motor vehicle emission budgets for the Indiana portion
of the Area. EPA is further approving the base year emissions
inventories for the Indiana portion of the Area under the 2015 ozone
NAAQS. Finally, we are confirming that Indiana has acceptable and
enforceable annual emission statement regulations that require all
facilities located in Lake, Porter, Clark, and Floyd Counties that emit
greater than or equal to 25 tons/year of NO<INF>X</INF> or VOC during
the reporting year to submit annual emissions statements.
In accordance with 5 U.S.C. 553(d) of the Administrative Procedure
Act (APA), EPA finds there is good cause for this action to become
effective immediately upon publication. The immediate effective date
for this action is authorized under 5 U.S.C. 553(d)(1).
Section 553(d)(1) of the APA provides that final rules shall not
become effective until 30 days after publication in the Federal
Register ``except . . . a substantive rule which grants or recognizes
an exemption or relieves a restriction.'' The purpose of this provision
is to ``give affected parties a reasonable time to adjust their
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed.
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting
legislative history). However, when the agency grants or recognizes an
exemption or relieves a restriction, affected parties do not need a
reasonable time to adjust because the effect is not adverse. EPA has
determined that this rule relieves a restriction because this rule
relieves sources in the area of Nonattainment New Source Review (NNSR)
permitting requirements; instead, upon the effective date of this
action, sources will be subject to less restrictive Prevention of
Significant Deterioration (PSD) permitting requirements. For this
reason, EPA finds good cause under 5 U.S.C. 553(d)(1) for this action
to become effective on the date of publication of this action.
III. 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 September 6, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
[[Page 39752]]
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: June 28, 2022.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
For the reasons stated in the preamble, 40 CFR parts 52 and 81 are
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.770, the table in paragraph (e) is amended by adding
entries for ``Clark and Floyd Counties 2015 8-hour Ozone Emission
Inventory,'' ``Lake, Porter, Clark, and Floyd Counties 2015 8-hour
Ozone Emission Statement'' and ``Clark and Floyd Counties 2015 8-hour
Ozone Maintenance Plan'' immediately following the entry for ``Lake and
Porter Counties 2008 8-hour Ozone Maintenance Plan'' to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
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Title Indiana date EPA approval Explanation
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* * * * * * *
Clark and Floyd Counties 2015 8- 1/21/2021 7/5/2022, [INSERT Federal ..............................
hour Ozone Emission Inventory. Register CITATION].
Lake, Porter, Clark, and Floyd 1/21/2021 7/5/2022, [INSERT Federal ..............................
Counties 2015 8-hour Ozone Register CITATION].
Emission Statement.
Clark and Floyd Counties 2015 8- 2/21/2022 7/5/2022, [INSERT Federal ..............................
hour Ozone Maintenance Plan. Register CITATION].
* * * * * * *
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* * * * *
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. Section 81.315 is amended by revising the entry ``Louisville, KY-
IN'' in the table entitled ``Indiana--2015 8-Hour Ozone NAAQS [Primary
and Secondary]'' to read as follows:
Sec. 81.315 Indiana
* * * * *
Indiana--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
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Designation Classification
Designated area \1\ --------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
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* * * * * * *
Louisville, KY-IN.............. July 5, 2022...... Attainment........ ................. Marginal.
Clark County...............
Floyd County...............
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2022-14202 Filed 7-1-22; 8:45 am]
BILLING CODE 6560-50-P
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