Rule2024-30729
Air Plan Approval; Indiana; Update to CFR References
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
December 27, 2024
Effective
January 27, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a request submitted by the Indiana Department of Environmental Management (IDEM) on December 14, 2023, to revise the Indiana State Implementation Plan (SIP). The submission revises and updates the Indiana Administrative Code (IAC) definition of "References to the Code of Federal Regulations," from the 2018 edition to the 2022 edition. EPA proposed to approve this action on August 18, 2024, and received no adverse comments.
Full Text
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<title>Federal Register, Volume 89 Issue 248 (Friday, December 27, 2024)</title>
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[Federal Register Volume 89, Number 248 (Friday, December 27, 2024)]
[Rules and Regulations]
[Pages 105459-105461]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30729]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2023-0633]; FRL-11928-02-R5]
Air Plan Approval; Indiana; Update to CFR References
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
request submitted by the Indiana Department of Environmental Management
(IDEM) on December 14, 2023, to revise the Indiana State Implementation
Plan (SIP). The submission revises and updates the Indiana
Administrative Code (IAC) definition of ``References to the Code of
Federal Regulations,'' from the 2018 edition to the 2022 edition. EPA
proposed to approve this action on August 18, 2024, and received no
adverse comments.
DATES: This final rule is effective on January 27, 2025.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2023-0633. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI), Proprietary Business Information (PBI), 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="https://www.regulations.gov">https://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. We recommend that
you telephone Nicole Naber, at (312) 886-6609 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Nicole Naber, Air and Radiation
Division (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6609,
<a href="/cdn-cgi/l/email-protection#1a747b787f683474737975767f5a7f6a7b347d756c"><span class="__cf_email__" data-cfemail="e48a85868196ca8a8d878b8881a4819485ca838b92">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information.
On August 16, 2024 (89 FR 66661), EPA proposed to approve revisions
to 326 IAC 1-1-3, definition of ``References to Code of Federal
Regulations.'' IDEM updated the reference to the CFR in 326 IAC 1-1-3
from the 2018 edition to the 2022 edition. This is an administrative
change that allows Indiana to reference a more current version of the
CFR.
By incorporating by reference 326 IAC 1-1-3 to reference the 2022
version of the CFR, the provisions in title 326 of
[[Page 105460]]
the IAC will be consistent with the applicable CFR regulations. Because
this action updates Indiana rules to be more consistent with EPA's
current regulations, EPA is approving these revisions. An explanation
of the Clean Air Act (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 September 16,
2024. EPA received no comments on the proposal.
II. Final Action
EPA is approving the December 14, 2023, submission as a revision to
the Indiana SIP. Specifically, EPA is approving 326 IAC 1-1-3
References to the Code of Federal Regulations, effective October 20,
2023.
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="https://www.regulations.gov">https://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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
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 communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
EPA defines 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. 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 communities with EJ concerns.
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 February 25, 2025. 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 19, 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.
[[Page 105461]]
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2. In Sec. 52.770, the table in paragraph (c) is amended by revising
the entry for ``1-1-3'' to read as follows:
Sec. 52.770 Identification of plan.
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(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 10/20/2023 [INSERT DATE OF ......................
of Federal PUBLICATION IN THE
Regulations. FEDERAL REGISTER],
[INSERT FIRST PAGE OF
FEDERAL REGISTER
CITATION].
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[FR Doc. 2024-30729 Filed 12-26-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on December 27, 2024.
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