82 FR 16924 - Air Plan Approval; NC; Infrastructure Requirements for the 2012 PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 66 (April 7, 2017)

Page Range		16924-16926
FR Document		2017-06879

The Environmental Protection Agency (EPA) is taking final action to approve portions of the State Implementation Plan (SIP) submission, submitted by the State of North Carolina, through the Department of Environmental Quality (DEQ), on December 4, 2015, for inclusion into the North Carolina SIP, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2012 annual fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standard (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure SIP submission.'' DEQ certified that the North Carolina SIP contains provisions that ensure the 2012 Annual PM<INF>2.5</INF> NAAQS is implemented, enforced, and maintained in North Carolina. EPA has determined that portions of North Carolina's SIP satisfies certain required infrastructure elements for the 2012 Annual PM<INF>2.5</INF> NAAQS.

Federal Register, Volume 82 Issue 66 (Friday, April 7, 2017)

[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16924-16926]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06879]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0428; FRL-9960-95-Region 4]


Air Plan Approval; NC; Infrastructure Requirements for the 2012 
PM2.5 National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve portions of the State Implementation Plan (SIP) 
submission, submitted by the State of North Carolina, through the 
Department of Environmental Quality (DEQ), on December 4, 2015, for 
inclusion into the North Carolina SIP, to demonstrate that the State 
meets the infrastructure requirements of the Clean Air Act (CAA or Act) 
for the 2012 annual fine particulate matter (PM2.5) national 
ambient air quality standard (NAAQS). The CAA requires that each state 
adopt and submit a SIP for the implementation, maintenance and 
enforcement of each NAAQS promulgated by EPA, which is commonly 
referred to as an ``infrastructure SIP submission.'' DEQ certified that 
the North Carolina SIP contains provisions that ensure the 2012 Annual 
PM2.5 NAAQS is implemented, enforced, and maintained in 
North Carolina. EPA has determined that portions of North Carolina's 
SIP satisfies certain required infrastructure elements for the 2012 
Annual PM2.5 NAAQS.

DATES: This rule will be effective May 8, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0428. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information 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 electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Ms. Bell can be reached via electronic mail at 
[email protected] or via telephone at (404) 562-9088.

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    On December 14, 2012, EPA promulgated a revised primary annual 
PM2.5 NAAQS. The standard was strengthened from 15.0 
micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\. See 78 FR 
3086 (January 15, 2013). Pursuant to section 110(a)(1) of the CAA, 
states are required to submit SIPs meeting the applicable requirements 
of section 110(a)(2) within three years after promulgation of a new or 
revised NAAQS or within such shorter period as EPA may prescribe. 
Section 110(a)(2) requires states to address basic SIP elements such as 
requirements for monitoring, basic program requirements and legal 
authority that are designed to assure attainment and maintenance of the 
NAAQS. States were required to submit such SIPs for the 2012 Annual 
PM2.5 NAAQS to EPA no later than December 14, 2015.
    In a proposed rulemaking published on July 21, 2016 (81 FR 47314), 
EPA proposed to approve portions of North Carolina's December 4, 2015, 
SIP submission for the 2012 Annual PM2.5 NAAQS with the 
exception of the interstate transport requirements of section 
110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) and preconstruction 
prevention of significant deterioration (PSD) permitting requirements 
for major sources of section 110(a)(2)(C) and (J). On September 14, 
2016 (81 FR 63107), EPA finalized approval in part and disapproval in 
part of North Carolina's December 4, 2015, infrastructure SIP 
submission regarding the PSD permitting requirements for major sources 
of sections 110(a)(2)(C), prong 3 of D(i), and (J) for the 2012 Annual 
PM2.5 NAAQS. Additionally, on June 3, 2016, EPA finalized a 
rule related to the prong 4 element of North Carolina's December 4, 
2015, SIP submission for the 2012 Annual PM2.5 NAAQS. See 81 
FR 35634. Therefore, EPA is not taking final action pertaining to 
sections 110(a)(2)(C), prongs 3 and 4 of D(i) and (J) for North 
Carolina for the 2012 Annual PM2.5 NAAQS in this action. 
With respect to the interstate transport requirements of section 
110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA will consider these 
requirements in relation to North Carolina's 2012 Annual 
PM2.5 NAAQS infrastructure submission in a separate 
rulemaking. The details of North Carolina's submission and the 
rationale for EPA's actions for this final rule are explained in the 
July 21, 2016, proposed rulemaking. Comments on the proposed rulemaking 
were due on or before August 22, 2016. EPA received no comments, 
adverse or otherwise.

II. Final Action

    EPA is taking final action to approve North Carolina's 
infrastructure

[[Page 16925]]

submission submitted on December 4, 2015, for the 2012 Annual 
PM2.5 NAAQS for the infrastructure SIP requirements, with 
the exception of the interstate transport requirements of section 
110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) and preconstruction 
PSD permitting requirements for major sources of section 110(a)(2)(C) 
and (J). EPA is taking final action to approve all other elements of 
North Carolina's infrastructure SIP submission for the 2012 Annual 
PM2.5 NAAQS because the submission is consistent with 
section 110 of the CAA. EPA notes that the Agency is not approving any 
specific rule, but rather approving that North Carolina's already 
approved SIP meets certain CAA requirements.

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 Act and applicable 
federal regulations. See 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 13563 (76 FR 3821, January 21, 2011);
     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 an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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
     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 as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. 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 6, 2017. 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: March 15, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    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.

Subpart II--North Carolina

0
2. Section 52.1770(e) is amended by adding a new entry ``110(a)(1) and 
(2) Infrastructure Requirements for the 2012 Annual PM2.5 
NAAQS'' at the end of the table to read as follows:


Sec.  52.1770   Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                         State
             Provision                 effective     EPA  approval     Federal Register         Explanation
                                         date            date               notice
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure         12/4/2015        4/7/2017  [Insert citation of    With the exception of
 Requirements for the 2012 Annual                                    publication].          section
 PM2.5 NAAQS.                                                                               110(a)(2)(D)(i)(I)
                                                                                            and (II) (prongs 1
                                                                                            through 4) and the
                                                                                            PSD requirements of
                                                                                            section 110(a)(2)(C)
                                                                                            and (J).
----------------------------------------------------------------------------------------------------------------


[[Page 16926]]

[FR Doc. 2017-06879 Filed 4-6-17; 8:45 am]
BILLING CODE 6560-50-P

16924 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations

EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS
State effective
Name of source Permit No. EPA approval date Comments
date

* * * * * * *
Saint Paul Park Refining 16300003–021 11/25/2015 4/7/2017, [Insert Federal Only conditions cited as ‘‘Title I Condition: 40 CFR
Co., LLC. Register citation]. 50.4 (SO2 SIP), Title I Condition: 40 CFR pt. 52,
subp. Y’’

* * * * * * *

* * * * * Web site. Although listed in the index, monitoring, basic program requirements
[FR Doc. 2017–06881 Filed 4–6–17; 8:45 am] some information is not publicly and legal authority that are designed to
BILLING CODE 6560–50–P available, i.e., Confidential Business assure attainment and maintenance of
Information or other information whose the NAAQS. States were required to
disclosure is restricted by statute. submit such SIPs for the 2012 Annual
ENVIRONMENTAL PROTECTION Certain other material, such as PM2.5 NAAQS to EPA no later than
AGENCY copyrighted material, is not placed on December 14, 2015.
the Internet and will be publicly In a proposed rulemaking published
40 CFR Part 52 available only in hard copy form. on July 21, 2016 (81 FR 47314), EPA
[EPA–R04–OAR–2014–0428; FRL–9960–95– Publicly available docket materials are proposed to approve portions of North
Region 4] available either electronically through Carolina’s December 4, 2015, SIP
www.regulations.gov or in hard copy at submission for the 2012 Annual PM2.5
Air Plan Approval; NC; Infrastructure the Air Regulatory Management Section, NAAQS with the exception of the
Requirements for the 2012 PM2.5 Air Planning and Implementation interstate transport requirements of
National Ambient Air Quality Standard Branch, Air, Pesticides and Toxics section 110(a)(2)(D)(i)(I) and (II) (prongs
AGENCY: Environmental Protection Management Division, U.S. 1 through 4) and preconstruction
Agency (EPA). Environmental Protection Agency, prevention of significant deterioration
ACTION: Final rule. Region 4, 61 Forsyth Street SW., (PSD) permitting requirements for major
Atlanta, Georgia 30303–8960. EPA sources of section 110(a)(2)(C) and (J).
SUMMARY: The Environmental Protection requests that if at all possible, you On September 14, 2016 (81 FR 63107),
Agency (EPA) is taking final action to contact the person listed in the FOR EPA finalized approval in part and
approve portions of the State FURTHER INFORMATION CONTACT section to disapproval in part of North Carolina’s
Implementation Plan (SIP) submission, schedule your inspection. The Regional December 4, 2015, infrastructure SIP
submitted by the State of North Office’s official hours of business are submission regarding the PSD
Carolina, through the Department of Monday through Friday, 8:30 a.m. to permitting requirements for major
Environmental Quality (DEQ), on 4:30 p.m., excluding federal holidays. sources of sections 110(a)(2)(C), prong 3
December 4, 2015, for inclusion into the FOR FURTHER INFORMATION CONTACT: of D(i), and (J) for the 2012 Annual
North Carolina SIP, to demonstrate that Tiereny Bell, Air Regulatory PM2.5 NAAQS. Additionally, on June 3,
the State meets the infrastructure Management Section, Air Planning and 2016, EPA finalized a rule related to the
requirements of the Clean Air Act (CAA Implementation Branch, Air, Pesticides prong 4 element of North Carolina’s
or Act) for the 2012 annual fine and Toxics Management Division, U.S. December 4, 2015, SIP submission for
particulate matter (PM2.5) national Environmental Protection Agency, the 2012 Annual PM2.5 NAAQS. See 81
ambient air quality standard (NAAQS). Region 4, 61 Forsyth Street SW., FR 35634. Therefore, EPA is not taking
The CAA requires that each state adopt Atlanta, Georgia 30303–8960. Ms. Bell final action pertaining to sections
and submit a SIP for the can be reached via electronic mail at 110(a)(2)(C), prongs 3 and 4 of D(i) and
implementation, maintenance and bell.tiereny@epa.gov or via telephone at (J) for North Carolina for the 2012
enforcement of each NAAQS (404) 562–9088. Annual PM2.5 NAAQS in this action.
promulgated by EPA, which is SUPPLEMENTARY INFORMATION: With respect to the interstate transport
commonly referred to as an requirements of section 110(a)(2)(D)(i)(I)
‘‘infrastructure SIP submission.’’ DEQ I. Background and Overview (prongs 1 and 2), EPA will consider
certified that the North Carolina SIP On December 14, 2012, EPA these requirements in relation to North
contains provisions that ensure the 2012 promulgated a revised primary annual Carolina’s 2012 Annual PM2.5 NAAQS
Annual PM2.5 NAAQS is implemented, PM2.5 NAAQS. The standard was infrastructure submission in a separate
enforced, and maintained in North strengthened from 15.0 micrograms per rulemaking. The details of North
Carolina. EPA has determined that cubic meter (mg/m3) to 12.0 mg/m3. See Carolina’s submission and the rationale
portions of North Carolina’s SIP satisfies 78 FR 3086 (January 15, 2013). Pursuant for EPA’s actions for this final rule are
certain required infrastructure elements to section 110(a)(1) of the CAA, states explained in the July 21, 2016, proposed
for the 2012 Annual PM2.5 NAAQS. are required to submit SIPs meeting the rulemaking. Comments on the proposed
DATES: This rule will be effective May 8, applicable requirements of section
nlaroche on DSK30NT082PROD with RULES

rulemaking were due on or before
2017. 110(a)(2) within three years after August 22, 2016. EPA received no
ADDRESSES: EPA has established a promulgation of a new or revised comments, adverse or otherwise.
docket for this action under Docket NAAQS or within such shorter period
Identification No. EPA–R04–OAR– as EPA may prescribe. Section 110(a)(2) II. Final Action
2014–0428. All documents in the docket requires states to address basic SIP EPA is taking final action to approve
are listed on the www.regulations.gov elements such as requirements for North Carolina’s infrastructure

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Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations 16925

submission submitted on December 4, in the Unfunded Mandates Reform Act is published in the Federal Register.
2015, for the 2012 Annual PM2.5 of 1995 (Pub. L. 104–4); This action is not a ‘‘major rule’’ as
NAAQS for the infrastructure SIP • does not have Federalism defined by 5 U.S.C. 804(2).
requirements, with the exception of the implications as specified in Executive Under section 307(b)(1) of the CAA,
interstate transport requirements of Order 13132 (64 FR 43255, August 10, petitions for judicial review of this
section 110(a)(2)(D)(i)(I) and (II) (prongs 1999); action must be filed in the United States
1 through 4) and preconstruction PSD • is not an economically significant
Court of Appeals for the appropriate
permitting requirements for major regulatory action based on health or
circuit by June 6, 2017. Filing a petition
sources of section 110(a)(2)(C) and (J). safety risks subject to Executive Order
for reconsideration by the Administrator
EPA is taking final action to approve all 13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action of this final rule does not affect the
other elements of North Carolina’s finality of this action for the purposes of
infrastructure SIP submission for the subject to Executive Order 13211 (66 FR
28355, May 22, 2001); judicial review nor does it extend the
2012 Annual PM2.5 NAAQS because the time within which a petition for judicial
submission is consistent with section • is not subject to requirements of
Section 12(d) of the National review may be filed, and shall not
110 of the CAA. EPA notes that the
Technology Transfer and Advancement postpone the effectiveness of such rule
Agency is not approving any specific
Act of 1995 (15 U.S.C. 272 note) because or action. This action may not be
rule, but rather approving that North
application of those requirements would challenged later in proceedings to
Carolina’s already approved SIP meets
be inconsistent with the CAA; and enforce its requirements. See section
certain CAA requirements.
• does not provide EPA with the 307(b)(2).
III. Statutory and Executive Order discretionary authority to address, as List of Subjects in 40 CFR Part 52
Reviews appropriate, disproportionate human
Under the CAA, the Administrator is health or environmental effects, using Environmental protection, Air
required to approve a SIP submission practicable and legally permissible pollution control, Incorporation by
that complies with the provisions of the methods, under Executive Order 12898 reference, Intergovernmental relations,
Act and applicable federal regulations. (59 FR 7629, February 16, 1994). Particulate matter, Reporting and
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). In addition, the SIP is not approved recordkeeping requirements, Volatile
Thus, in reviewing SIP submissions, to apply on any Indian reservation land organic compounds.
EPA’s role is to approve state choices, or in any other area where EPA or an
Dated: March 15, 2017.
provided that they meet the criteria of Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of V. Anne Heard,
the CAA. Accordingly, this action
Indian country, the rule does not have Acting Regional Administrator, Region 4.
merely approves state law as meeting
federal requirements and does not tribal implications as specified by
Executive Order 13175 (65 FR 67249, 40 CFR part 52 is amended as follows:
impose additional requirements beyond
those imposed by state law. For that November 9, 2000), nor will it impose PART 52—APPROVAL AND
reason, this action: substantial direct costs on tribal PROMULGATION OF
• Is not a significant regulatory action governments or preempt tribal law. IMPLEMENTATION PLANS
subject to review by the Office of The Congressional Review Act, 5
Management and Budget under U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement ■ 1. The authority citation for part 52
Executive Orders 12866 (58 FR 51735, continues to read as follows:
October 4, 1993) and 13563 (76 FR 3821, Fairness Act of 1996, generally provides
January 21, 2011); that before a rule may take effect, the Authority: 42 U.S.C. 7401 et seq.
• does not impose an information agency promulgating the rule must
collection burden under the provisions submit a rule report, which includes a Subpart II—North Carolina
of the Paperwork Reduction Act (44 copy of the rule, to each House of the
U.S.C. 3501 et seq.); Congress and to the Comptroller General ■ 2. Section 52.1770(e) is amended by
• is certified as not having a of the United States. EPA will submit a adding a new entry ‘‘110(a)(1) and (2)
significant economic impact on a report containing this action and other Infrastructure Requirements for the 2012
substantial number of small entities required information to the U.S. Senate, Annual PM2.5 NAAQS’’ at the end of the
under the Regulatory Flexibility Act (5 the U.S. House of Representatives, and table to read as follows:
U.S.C. 601 et seq.); the Comptroller General of the United
§ 52.1770 Identification of plan.
• does not contain any unfunded States prior to publication of the rule in
mandate or significantly or uniquely the Federal Register. A major rule * * * * *
affect small governments, as described cannot take effect until 60 days after it (e) * * *
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State EPA Federal Register
Provision effective approval Explanation
notice
date date

* * * * * * *
nlaroche on DSK30NT082PROD with RULES

110(a)(1) and (2) Infrastructure Require- 12/4/2015 4/7/2017 [Insert citation of With the exception of section
ments for the 2012 Annual PM2.5 publication]. 110(a)(2)(D)(i)(I) and (II) (prongs 1
NAAQS. through 4) and the PSD requirements
of section 110(a)(2)(C) and (J).

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16926 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations

[FR Doc. 2017–06879 Filed 4–6–17; 8:45 am] Attainment Planning and Maintenance rule, which expressed support for these
BILLING CODE 6560–50–P Section, Air Programs Branch (AR–18J), revisions. The commenter wrote that
Environmental Protection Agency, this rule ’’strengthens policy that seeks
Region 5, 77 West Jackson Boulevard, to protect and maintain air quality
ENVIRONMENTAL PROTECTION Chicago, Illinois 60604, (312) 353–4489, under standards that are stringent and
AGENCY svingen.eric@epa.gov. necessary for [maintaining] the health of
SUPPLEMENTARY INFORMATION: the citizenry.’’
40 CFR Part 52 Throughout this document whenever III. What action is EPA taking?
[EPA–R05–OAR–2016–0328; FRL–9960–78– ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Region 5] EPA. This supplementary information EPA is approving into Indiana’s SIP
section is arranged as follows: the revisions to 326 IAC 2–6–1
Air Plan Approval; Indiana; Emissions submitted to EPA on November 18,
I. What is being addressed in this document? 2016.
Statements Rule II. What comments did we receive on the
AGENCY: Environmental Protection proposed rule? IV. Incorporation by Reference
Agency (EPA). III. What action is EPA taking?
IV. Incorporation by Reference In this rule, EPA is finalizing
ACTION: Final rule. V. Statutory and Executive Order Reviews regulatory text that includes
incorporation by reference. In
SUMMARY: The Environmental Protection I. What is being addressed in this accordance with requirements of 1 CFR
Agency (EPA) is approving revisions to document? 51.5, EPA is finalizing the incorporation
the emissions statements rule in the
In this rule, EPA takes final action on by reference of the Indiana Regulations
Indiana State Implementation Plan
the submission from IDEM, dated described in the amendments to 40 CFR
(SIP). These revisions extend Indiana’s
November 18, 2016, requesting that EPA part 52 set forth below. Therefore, these
emissions statements regulations to
approve revisions to 326 IAC 2–6 materials have been approved by EPA
Lawrenceburg Township, Dearborn
(‘‘Emission Reporting’’) into Indiana’s for inclusion in the State
County, in order to comply with Clean
SIP. Specifically, IDEM has requested implementation plan, have been
Air Act (CAA) requirements for the 2008
that EPA approve into the SIP a change incorporated by reference by EPA into
ozone National Ambient Air Quality
to the applicability section at 326 IAC that plan, are fully federally enforceable
Standards (NAAQS). These revisions
2–6–1 that extends the emissions under sections 110 and 113 of the CAA
also include minor formatting changes.
statements rule to Lawrenceburg as of the effective date of the final
The Indiana Department of
Township, Dearborn County. The rulemaking of EPA’s approval, and will
Environmental Management (IDEM)
revised rule also contains minor be incorporated by reference by the
submitted these revisions to EPA on
formatting changes that clarify Director of the Federal Register in the
November 18, 2016. EPA proposed to
approve them on December 27, 2016, references to related rules. next update to the SIP compilation.1
and received one public comment in IDEM made this submission to satisfy EPA has made, and will continue to
response, which expressed support for requirements under Section 182(a)(3)(B) make, these documents generally
EPA’s action. of the CAA, which mandates that each available through www.regulations.gov,
state submit a revision to its SIP to and/or at the EPA Region 5 Office
DATES: This final rule is effective on
require that the owners or operators of (please contact the person identified in
May 8, 2017. the FOR FURTHER INFORMATION CONTACT
applicable stationary sources of nitrogen
ADDRESSES: EPA has established a oxides (NOX) or volatile organic section of this preamble for more
docket for this action under Docket ID compounds (VOCs) in ozone information).
No. EPA–R05–OAR–2016–0328. All nonattainment areas provide annual
documents in the docket are listed on V. Statutory and Executive Order
emissions statements. This requirement
the www.regulations.gov Web site. Reviews
applies in all ozone nonattainment areas
Although listed in the index, some to any source emitting at least 25 tons Under the CAA, the Administrator is
information is not publicly available, per year of VOCs or NOX. On May 21, required to approve a SIP submission
i.e., Confidential Business Information 2012, EPA designated the portion of that complies with the provisions of the
(CBI) or other information whose Dearborn County that is within CAA and applicable Federal regulations.
disclosure is restricted by statute. Lawrenceburg Township as a 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Certain other material, such as nonattainment area for the 2008 ozone Thus, in reviewing SIP submissions,
copyrighted material, is not placed on NAAQS (77 FR 30088). IDEM’s EPA’s role is to approve state choices,
the Internet and will be publicly submission addresses Indiana’s provided that they meet the criteria of
available only in hard copy form. obligation under Section 182(a)(3)(B) of the CAA. Accordingly, this action
Publicly available docket materials are the CAA to submit a SIP revision merely approves state law as meeting
available either through applying emissions statements Federal requirements and does not
www.regulations.gov or at the requirements to Lawrenceburg impose additional requirements beyond
Environmental Protection Agency, Township. The background for today’s those imposed by state law. For that
Region 5, Air and Radiation Division, 77 action is discussed in more detail in reason, this action:
West Jackson Boulevard, Chicago, EPA’s proposal, dated December 27, • Is not a significant regulatory action
Illinois 60604. This facility is open from 2016 (81 FR 95080). subject to review by the Office of
8:30 a.m. to 4:30 p.m., Monday through Management and Budget under
Friday, excluding Federal holidays. We II. What comments did we receive on
nlaroche on DSK30NT082PROD with RULES

Executive Orders 12866 (58 FR 51735,
recommend that you telephone Eric the proposed rule? October 4, 1993) and 13563 (76 FR 3821,
Svingen, Environmental Engineer, at EPA provided a 30-day review and January 21, 2011);
(312) 353–4489 before visiting the comment period for the December 27, • Does not impose an information
Region 5 office. 2016, proposed rule. The comment collection burden under the provisions
FOR FURTHER INFORMATION CONTACT: Eric period ended on January 26, 2017. We
Svingen, Environmental Engineer, received one comment on the proposed 1 62 FR 27968 (May 22, 1997).

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule will be effective May 8, 2017.
Contact		Tiereny Bell, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Bell can be reached via electronic mail at [email protected] or via telephone at (404) 562-9088.
FR Citation		82 FR 16924
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds