82 FR 16926 - Air Plan Approval; Indiana; Emissions Statements Rule
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 66 (April 7, 2017)
Federal Register Volume 82, Issue 66 (April 7, 2017)
| Page Range | 16926-16927 | |
| FR Document | 2017-06887 |
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)] [Rules and Regulations] [Pages 16926-16927] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06887] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0328; FRL-9960-78-Region 5] Air Plan Approval; Indiana; Emissions Statements Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving revisions to the emissions statements rule in the Indiana State Implementation Plan (SIP). These revisions extend Indiana's emissions statements regulations to Lawrenceburg Township, Dearborn County, in order to comply with Clean Air Act (CAA) requirements for the 2008 ozone National Ambient Air Quality Standards (NAAQS). These revisions also include minor formatting changes. The Indiana Department of Environmental Management (IDEM) submitted these revisions to EPA on November 18, 2016. EPA proposed to approve them on December 27, 2016, and received one public comment in response, which expressed support for EPA's action. DATES: This final rule is effective on May 8, 2017. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2016-0328. 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 (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 www.regulations.gov 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 Eric Svingen, Environmental Engineer, at (312) 353- 4489 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. What is being addressed in this document? II. What comments did we receive on the proposed rule? III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. What is being addressed in this document? In this rule, EPA takes final action on the submission from IDEM, dated November 18, 2016, requesting that EPA approve revisions to 326 IAC 2-6 (``Emission Reporting'') into Indiana's SIP. Specifically, IDEM has requested that EPA approve into the SIP a change to the applicability section at 326 IAC 2-6-1 that extends the emissions statements rule to Lawrenceburg Township, Dearborn County. The revised rule also contains minor formatting changes that clarify references to related rules. IDEM made this submission to satisfy requirements under Section 182(a)(3)(B) of the CAA, which mandates that each state submit a revision to its SIP to require that the owners or operators of applicable stationary sources of nitrogen oxides (NOX ) or volatile organic compounds (VOCs) in ozone nonattainment areas provide annual emissions statements. This requirement applies in all ozone nonattainment areas to any source emitting at least 25 tons per year of VOCs or NOX . On May 21, 2012, EPA designated the portion of Dearborn County that is within Lawrenceburg Township as a nonattainment area for the 2008 ozone NAAQS (77 FR 30088). IDEM's submission addresses Indiana's obligation under Section 182(a)(3)(B) of the CAA to submit a SIP revision applying emissions statements requirements to Lawrenceburg Township. The background for today's action is discussed in more detail in EPA's proposal, dated December 27, 2016 (81 FR 95080). II. What comments did we receive on the proposed rule? EPA provided a 30-day review and comment period for the December 27, 2016, proposed rule. The comment period ended on January 26, 2017. We received one comment on the proposed rule, which expressed support for these revisions. The commenter wrote that this rule ''strengthens policy that seeks to protect and maintain air quality under standards that are stringent and necessary for [maintaining] the health of the citizenry.'' III. What action is EPA taking? EPA is approving into Indiana's SIP the revisions to 326 IAC 2-6-1 submitted to EPA on November 18, 2016. 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 described in the amendments to 40 CFR part 52 set forth below. Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, 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 by the Director of the Federal Register in the next update to the SIP compilation.\1\ EPA has made, and will continue to make, these documents generally available through www.regulations.gov, and/or at the EPA Region 5 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. 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: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 [[Page 16927]] 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 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). 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: March 17, 2017. Robert A. Kaplan, Acting Regional Administrator, Region 5. 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 by revising the entry for ``2-6-1'' to read as follows: Sec. 52.770 Identification of plan. * * * * * (c) * * * EPA-Approved Indiana Regulations ---------------------------------------------------------------------------------------------------------------- Indiana Indiana citation Subject effective date EPA approval date Comments ---------------------------------------------------------------------------------------------------------------- Article 2. Permit Review Rules ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Rule 6. Emission Reporting ---------------------------------------------------------------------------------------------------------------- 2-6-1................ Applicability............... 11/20/2016 4/7/2017, [insert Federal .............. Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-06887 Filed 4-6-17; 8:45 am] BILLING CODE 6560-50-P
![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).
VerDate Sep<11>2014 14:50 Apr 06, 2017 Jkt 241001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\07APR1.SGM 07APR1](https://thefederalregister.org/doc/82_FR_16992/page/1.svg)
![Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations 16927
of the Paperwork Reduction Act (44 or in any other area where EPA or an judicial review nor does it extend the
U.S.C. 3501 et seq.); Indian tribe has demonstrated that a time within which a petition for judicial
• Is certified as not having a tribe has jurisdiction. In those areas of review may be filed, and shall not
significant economic impact on a Indian country, the rule does not have postpone the effectiveness of such rule
substantial number of small entities tribal implications and will not impose or action. This action may not be
under the Regulatory Flexibility Act (5 substantial direct costs on tribal challenged later in proceedings to
U.S.C. 601 et seq.); governments or preempt tribal law as enforce its requirements. (See section
• Does not contain any unfunded specified by Executive Order 13175 (65 307(b)(2).)
mandate or significantly or uniquely FR 67249, November 9, 2000).
affect small governments, as described List of Subjects in 40 CFR Part 52
The Congressional Review Act, 5
in the Unfunded Mandates Reform Act U.S.C. 801 et seq., as added by the Small Environmental protection, Air
of 1995 (Pub. L. 104–4); Business Regulatory Enforcement pollution control, Incorporation by
• Does not have Federalism
Fairness Act of 1996, generally provides reference, Intergovernmental relations,
implications as specified in Executive
that before a rule may take effect, the Nitrogen dioxide, Ozone, Reporting and
Order 13132 (64 FR 43255, August 10,
agency promulgating the rule must recordkeeping requirements, Volatile
1999);
• Is not an economically significant submit a rule report, which includes a organic compounds.
regulatory action based on health or copy of the rule, to each House of the Dated: March 17, 2017.
safety risks subject to Executive Order Congress and to the Comptroller General Robert A. Kaplan,
13045 (62 FR 19885, April 23, 1997); of the United States. EPA will submit a
Acting Regional Administrator, Region 5.
• Is not a significant regulatory action report containing this action and other
subject to Executive Order 13211 (66 FR required information to the U.S. Senate, 40 CFR part 52 is amended as follows:
28355, May 22, 2001); the U.S. House of Representatives, and
• Is not subject to requirements of the Comptroller General of the United PART 52—APPROVAL AND
section 12(d) of the National States prior to publication of the rule in PROMULGATION OF
Technology Transfer and Advancement the Federal Register. A major rule IMPLEMENTATION PLANS
Act of 1995 (15 U.S.C. 272 note) because cannot take effect until 60 days after it
application of those requirements would is published in the Federal Register. ■ 1. The authority citation for part 52
be inconsistent with the CAA; and This action is not a ‘‘major rule’’ as continues to read as follows:
• Does not provide EPA with the defined by 5 U.S.C. 804(2).
Authority: 42 U.S.C. 7401 et seq.
discretionary authority to address, as Under section 307(b)(1) of the CAA,
appropriate, disproportionate human petitions for judicial review of this ■ 2. In § 52.770, the table in paragraph
health or environmental effects, using action must be filed in the United States (c) is amended by revising the entry for
practicable and legally permissible Court of Appeals for the appropriate ‘‘2–6–1’’ to read as follows:
methods, under Executive Order 12898 circuit by June 6, 2017. Filing a petition
(59 FR 7629, February 16, 1994). § 52.770 Identification of plan.
for reconsideration by the Administrator
In addition, the SIP is not approved of this final rule does not affect the * * * * *
to apply on any Indian reservation land finality of this action for the purposes of (c) * * *
EPA-APPROVED INDIANA REGULATIONS
Indiana Indiana
Subject EPA approval date Comments
citation effective date
Article 2. Permit Review Rules
* * * * * * *
Rule 6. Emission Reporting
2–6–1 Applicability ........................................................... 11/20/2016 4/7/2017, [insert Federal Register citation] ......... ........................
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION SUMMARY: The U.S. Environmental
[FR Doc. 2017–06887 Filed 4–6–17; 8:45 am] AGENCY Protection Agency (EPA) is taking direct
BILLING CODE 6560–50–P final action to approve a State
40 CFR Part 52 Implementation Plan (SIP) revision
submitted by the State of Tennessee,
[EPA–R04–OAR–2016–0575; FRL–9960–57– through the Tennessee Department of
Region 4] Environment and Conservation (TDEC),
on March 25, 1999. The SIP submittal
nlaroche on DSK30NT082PROD with RULES
Air Plan Approval; Tennessee: includes a change to the TDEC
Reasonable Measures Required regulation ‘‘Reasonable Measures
AGENCY: Environmental Protection Required.’’ EPA is proposing to approve
Agency. this SIP revision because it is consistent
with the Clean Air Act (CAA or Act) and
ACTION: Direct final rule.
federal regulations governing SIPs.
VerDate Sep<11>2014 14:50 Apr 06, 2017 Jkt 241001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\07APR1.SGM 07APR1](https://thefederalregister.org/doc/82_FR_16992/page/2.svg)
Document Created: 2017-04-06 23:49:39
Document Modified: 2017-04-06 23:49:39
| 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 final rule is effective on May 8, 2017. | |
| Contact | Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [email protected] | |
| FR Citation | 82 FR 16926 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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