Rule2022-23335
Air Plan Approval; Indiana; Infrastructure SIP Requirements for the 2015 Ozone NAAQS and References to the Code of Federal Regulations
Primary source
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Published
November 2, 2022
Effective
December 2, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 211 (Wednesday, November 2, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23335]
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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.
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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 <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.
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#e78b8282c9868983958290c984a7829786c9808891"><span class="__cf_email__" data-cfemail="b7dbd2d299d6d9d3c5d2c099d4f7d2c7d699d0d8c1">[email protected]</span></a>.
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.
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Element 2015 Ozone
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(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.
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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
<a href="http://www.regulations.gov">www.regulations.gov</a>, 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\
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\1\ 62 FR 27968 (May 22, 1997).
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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:
<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 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
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Indiana
Indiana citation Subject effective date EPA approval date Notes
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* * * * * * *
1-1-3.................... References to the Code 6/24/2020 11/2/2022, [INSERT
of Federal Federal Register
Regulations. CITATION].
* * * * * * *
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* * * * *
(e) * * *
EPA-Approved Indiana Nonregulatory Provisions and Quasi-Regulatory Provisions
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Indiana
Title date EPA approval Explanation
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* * * * * * *
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).
* * * * * * *
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[FR Doc. 2022-23335 Filed 11-1-22; 8:45 am]
BILLING CODE 6560-50-P
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