82 FR 28775 - Approval and Promulgation of Air Quality Implementation Plans; Indiana; CFR Update
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 121 (June 26, 2017)
Federal Register Volume 82, Issue 121 (June 26, 2017)
| Page Range | 28775-28777 | |
| FR Document | 2017-13192 |
[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)] [Rules and Regulations] [Pages 28775-28777] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13192] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0760; FRL-9963-70-Region 5] Approval and Promulgation of Air Quality Implementation Plans; Indiana; CFR Update AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a request submitted by the Indiana Department of Environmental Management (IDEM) on December 13, 2016, 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 2013 edition to the 2015 edition. DATES: This rule is effective on August 25, 2017, unless EPA receives adverse written comments by July 26, 2017. If EPA receives adverse comments, EPA will publish a timely withdrawal of the rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2016-0760 at https://www.regulations.gov or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. [[Page 28776]] on the Web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6031, [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 the background for this action? II. What revision did the state request be incorporated into the SIP? III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. What is the background for this action? On May 25, 2016, IDEM published a ``Notice of Public Information'' in several newspapers, and on its Web site at http://www.in.gov/idem/6777.htm, providing a 30-day public comment period on the proposed revision to its SIP concerning update to the definition of ``References to the Code of Federal Regulations.'' A public hearing was held on August 10, 2016. IDEM did not receive any comments. On December 13, 2016, IDEM submitted a request to revise the definition of ``References to the Code of Federal Regulations'' in SIP rule 326 IAC 1-1-3 to mean the 2015 edition of the Code of Federal Regulations (CFR). II. What revision did the state request be incorporated into the SIP? IDEM has requested that EPA approve the Indiana Administrative Code rule revision: Rule 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 2013 edition to the 2015 edition. This is solely an administrative change that allows Indiana to reference a more current version of the CFR. By amending 326 IAC 1-1-3 to reference the 2015 version of the CFR, the provision in Title 326 of the IAC will be consistent with the applicable CFR regulations as of July 30, 2015. III. What action is EPA taking? EPA is approving as a revision to the Indiana SIP an update of 326 IAC 1-1-3, ``References to the Code of Federal Regulations.'' We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective August 25, 2017 without further notice unless we receive relevant adverse written comments by July 26, 2017. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. If we do not receive any comments, this action will be effective August 25, 2017. 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. The EPA has made, and will continue to make, these documents generally available electronically through https://www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Clean Air Act 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 Clean Air Act. 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 Order 12866 (58 FR 51735, October 4, 1993); 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 Clean Air Act; 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). This rule 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, 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 [[Page 28777]] 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 25, 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the Proposed Rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule and address the comment in the proposed rulemaking. 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: June 1, 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 1-1-3 ``References to the Code of Federal Regulations'' under Article 1, Rule 1 ``Provisions Applicable Throughout Title 326'' to read as follows: Sec. 52.770 Identification of plan. * * * * * (c) * * * EPA-Approved Indiana Regulations ---------------------------------------------------------------------------------------------------------------- Indiana Indiana citation Subject effective EPA approval date Notes date ---------------------------------------------------------------------------------------------------------------- Article 1. General Provisions ---------------------------------------------------------------------------------------------------------------- Rule 1. Provisions Applicable Throughout Title 326 ---------------------------------------------------------------------------------------------------------------- * * * * * * * 1-1-3.............. References to the Code 12/7/2016 6/26/2017, [insert ....................... of Federal Regulations. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-13192 Filed 6-23-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations 28775
which guide the Coast Guard in (b) Effective and enforcement period. enforcement vessel, or a location on
complying with the National This section is effective on June 20, shore.
Environmental Policy Act of 1969 (42 2017, through November 1, 2017, but C.C. Gelzer,
U.S.C. 4321–4370f), and have will only be enforced during removal
Captain, U.S. Coast Guard, Captain of the
determined that this action is one of a and replacement of the swing span Port Boston.
category of actions that do not portion of the MBTA Railroad Bridge or [FR Doc. 2017–13253 Filed 6–23–17; 8:45 am]
individually or cumulatively have a other instances which may cause a
BILLING CODE 9110–04–P
significant effect on the human hazard to navigation, when deemed
environment. This rule involves necessary by the Captain of the Port
enforcing a temporary safety zone (COTP), Boston.
during the removal and replacement of ENVIRONMENTAL PROTECTION
the swing span MBTA Railroad Bridge, (c) Regulations. When this safety zone AGENCY
which spans the Danvers River in is enforced, the regulations in
Beverly and Salem, Massachusetts. It is paragraphs (c)(1) through (3) of this 40 CFR Part 52
categorically excluded from further section, along with those contained in [EPA–R05–OAR–2016–0760; FRL–9963–70–
review under paragraph 34(g) of Figure 33 CFR 165.23 apply: Region 5]
2–1 of the Commandant Instruction. A (1) No person or vessel may enter or
Record of Environmental Consideration remain in this safety zone without the Approval and Promulgation of Air
(REC) for Categorically Excluded permission of the Captain of the Port Quality Implementation Plans; Indiana;
Actions will be available in the docket (COTP) or the COTP’s representatives. CFR Update
where indicated under ADDRESSES. We However, any vessel that is granted AGENCY: Environmental Protection
seek any comments or information that permission by the COTP or the COTP’s Agency (EPA).
may lead to the discovery of a representatives must proceed through ACTION: Direct final rule.
significant environmental impact from the area with caution and operate at a
this rule. speed no faster than that speed SUMMARY: The Environmental Protection
G. Protest Activities necessary to maintain a safe course, Agency (EPA) is approving a request
unless otherwise required by the submitted by the Indiana Department of
The Coast Guard respects the First Environmental Management (IDEM) on
Amendment rights of protesters. Navigation Rules.
December 13, 2016, to revise the Indiana
Protesters are asked to contact the (2) Any person or vessel permitted to state implementation plan (SIP). The
person listed in the FOR FURTHER enter the safety zone shall comply with submission revises and updates the
INFORMATION CONTACT section to the directions and orders of the COTP Indiana Administrative Code (IAC)
coordinate protest activities so that your or the COTP’s representatives. Upon definition of ‘‘References to the Code of
message can be received without being hailed by a U.S. Coast Guard Federal Regulations,’’ from the 2013
jeopardizing the safety or security of vessel by siren, radio, flashing lights, or edition to the 2015 edition.
people, places or vessels. other means, the operator of a vessel DATES: This rule is effective on August
List of Subjects in 33 CFR Part 165 within the zone shall proceed as 25, 2017, unless EPA receives adverse
directed. Any person or vessel within written comments by July 26, 2017. If
Harbors, Marine safety, Navigation the safety zone shall exit the zone when
(water), Reporting and recordkeeping EPA receives adverse comments, EPA
directed by the COTP or the COTP’s will publish a timely withdrawal of the
requirements, Security measures, representatives.
Waterways. rule in the Federal Register and inform
(3) To obtain permissions required by the public that the rule will not take
For the reasons discussed in the
this regulation, individuals may reach effect.
preamble, the Coast Guard amends 33
CFR part 165 as follows: the COTP or a COTP representative via ADDRESSES: Submit your comments,
Channel 16 (VHF–FM) or 617–223–5757 identified by Docket ID No. EPA–R05–
PART 165—REGULATED NAVIGATION (Sector Boston Command Center). OAR–2016–0760 at https://
AREAS AND LIMITED ACCESS AREAS (d) Penalties. Those who violate this www.regulations.gov or via email to
section are subject to the penalties set blakley.pamela@epa.gov. For comments
■ 1. The authority citation for part 165 submitted at Regulations.gov, follow the
continues to read as follows: forth in 33 U.S.C. 1232.
online instructions for submitting
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
(e) Notification. Coast Guard Sector
comments. Once submitted, comments
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Boston will give notice through the
cannot be edited or removed from
Department of Homeland Security Delegation Local Notice to Mariners and Broadcast
Regulations.gov. For either manner of
No. 0170.1. Notice to Mariners for the purpose of
submission, EPA may publish any
■ 2. Add § 165.T01–0327 to read as enforcement of temporary safety zone.
comment received to its public docket.
follows: Sector Boston will also notify the public Do not submit electronically any
to the greatest extent possible of any information you consider to be
§ 165.T01–0327 Safety Zone— period in which the Coast Guard will
Massachusetts Bay Transportation Confidential Business Information (CBI)
Authority/AMTRAK Bridge—Danvers River,
suspend enforcement of this safety zone. or other information whose disclosure is
Beverly, MA. (f) COTP representative. The COTP’s restricted by statute. Multimedia
(a) Location. The following area is a representative may be any Coast Guard submissions (audio, video, etc.) must be
sradovich on DSK3GMQ082PROD with RULES
safety zone. All navigable waters of the commissioned, or petty officer or any accompanied by a written comment.
Danvers River, MA within a 300-yard federal, state, or local law enforcement The written comment is considered the
radius of the swing span portion of the officer who has been designated by the official comment and should include
Massachusetts Bay Transportation COTP to act on the COTP’s behalf. The discussion of all points you wish to
Authority (MBTA)/AMTRAK Bridge in COTP’s representative may be on a make. EPA will generally not consider
position 42°32.355′ N, 070°53.28′ W Coast Guard vessel, a Coast Guard comments or comment contents located
(NAD 83). Auxiliary vessel, a state or local law outside of the primary submission (i.e.
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![Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations 28777
the Comptroller General of the United published in the Proposed Rules section PART 52—APPROVAL AND
States prior to publication of the rule in of this Federal Register, rather than file PROMULGATION OF
the Federal Register. A major rule an immediate petition for judicial IMPLEMENTATION PLANS
cannot take effect until 60 days after it review of this direct final rule and
is published in the Federal Register. address the comment in the proposed ■ 1. The authority citation for part 52
This action is not a ‘‘major rule’’ as rulemaking. This action may not be continues to read as follows:
defined by 5 U.S.C. 804(2). challenged later in proceedings to
enforce its requirements. (See section Authority: 42 U.S.C. 7401 et seq.
Under section 307(b)(1) of the Clean
307(b)(2).)
Air Act, petitions for judicial review of ■ 2. In § 52.770 the table in paragraph
this action must be filed in the United List of Subjects in 40 CFR Part 52 (c) is amended by revising the entry for
States Court of Appeals for the Environmental protection, Air 1–1–3 ‘‘References to the Code of
appropriate circuit by August 25, 2017. pollution control, Carbon monoxide, Federal Regulations’’ under Article 1,
Filing a petition for reconsideration by Incorporation by reference, Rule 1 ‘‘Provisions Applicable
the Administrator of this final rule does Intergovernmental relations, Lead, Throughout Title 326’’ to read as
not affect the finality of this action for Nitrogen dioxide, Ozone, Particulate follows:
the purposes of judicial review nor does matter, Reporting and recordkeeping
it extend the time within which a requirements, Sulfur oxides, Volatile § 52.770 Identification of plan.
petition for judicial review may be filed, organic compounds. * * * * *
and shall not postpone the effectiveness
of such rule or action. Parties with
Dated: June 1, 2017. (c) * * *
objections to this direct final rule are Robert A. Kaplan,
encouraged to file a comment in Acting Regional Administrator, Region 5.
response to the parallel notice of 40 CFR part 52, is amended as
proposed rulemaking for this action follows:
EPA-APPROVED INDIANA REGULATIONS
Indiana
Indiana Subject effective EPA approval date Notes
citation date
Article 1. General Provisions
Rule 1. Provisions Applicable Throughout Title 326
* * * * * * *
1–1–3 .... References to the Code of Federal Regula- 12/7/2016 6/26/2017, [insert Federal Register citation]
tions.
* * * * * * *
* * * * * § 441.20 General definitions [Corrected] which requires the Secretary of the
[FR Doc. 2017–13192 Filed 6–23–17; 8:45 am] On page 27177, in the second column, Interior to establish and publish in the
BILLING CODE 6560–50–P in the 18th line of paragraph (iii), ‘‘June Federal Register minimum
14, 2017’’ should read ‘‘June 14, 2027’’. qualifications for individuals to prepare
[FR Doc. C1–2017–12338 Filed 6–23–17; 8:45 am] appraisals and valuations of Indian trust
ENVIRONMENTAL PROTECTION . BILLING CODE 1301–00–D
property. This rule establishes the
AGENCY minimum qualifications and
implements provisions of ITARA that
40 CFR Part 441 require the Secretary to accept
DEPARTMENT OF THE INTERIOR
appraisals and valuations without
[EPA–HQ–OW–2014–0693; FRL–9957–10– Office of the Secretary additional review or approval under
OW] certain circumstances.
43 CFR Part 100 DATES: This rule is effective on July 26,
RIN 2040–AF26 2017.
[167A2100DD/AAKC001030/
A0A501010.999900] FOR FURTHER INFORMATION CONTACT: Ms.
Effluent Limitations Guidelines and Elizabeth Appel, Office of Regulatory
Standards for the Dental Category RIN 1093–AA20 Affairs and Collaborative Action—
Indian Affairs at elizabeth.appel@
Correction Waiving Departmental Review of
bia.gov or (202) 273–4680.
Appraisals and Valuations of Indian
sradovich on DSK3GMQ082PROD with RULES
In rule document 2017–12338, Property SUPPLEMENTARY INFORMATION:
beginning on page 27154, in the issue of I. Background
Wednesday, June 14, 2017, make the AGENCY: Office of the Secretary, Interior. II. Summary of Final Rule
following correction: ACTION: Final rule. III. Responses to Comments
IV. Procedural Requirements
SUMMARY: In 2016, Congress passed the A. Regulatory Planning and Review (E.O.
Indian Trust Asset Reform Act (ITARA), 12866)
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Document Created: 2018-11-14 10:11:33
Document Modified: 2018-11-14 10:11:33
| 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 | Direct final rule. | |
| Dates | This rule is effective on August 25, 2017, unless EPA receives adverse written comments by July 26, 2017. If EPA receives adverse comments, EPA will publish a timely withdrawal of the rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6031, [email protected] | |
| FR Citation | 82 FR 28775 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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