83 FR 19194 - Air Plan Approval; Indiana; Air Quality Standards Update for the 2015 Ozone Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 85 (May 2, 2018)
Federal Register Volume 83, Issue 85 (May 2, 2018)
| Page Range | 19194-19195 | |
| FR Document | 2018-09318 |
[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)] [Proposed Rules] [Pages 19194-19195] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09318] [[Page 19194]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2017-0535; FRL-9977-52 Region 5] Air Plan Approval; Indiana; Air Quality Standards Update for the 2015 Ozone Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a September 7, 2017, request by the Indiana Department of Environmental Management (IDEM) to revise the Indiana state implementation plan (SIP) for ozone. IDEM revised its ozone standard in order to be consistent with EPA's 2015 revisions to the 8-hour national ambient air quality standards (NAAQS). IDEM also revised the references to the monitoring test methods in its rules to the current EPA test methods. EPA is also proposing to approve administrative revisions to regulations addressing other ambient air quality standards. DATES: Comments must be received on or before June 1, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2017-0535 at http://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., 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 http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6524, [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. Background II. What is EPA's analysis? III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background On October 26, 2015 (80 FR 65291), EPA revised the primary and secondary ozone NAAQS from 0.075 to 0.070 parts per million (ppm), daily maximum 8-hour concentration, codified at 40 CFR 50.19. The ozone NAAQS continues to use an 8-hour averaging time, calculated as the fourth-highest daily maximum averaged across three consecutive years. IDEM revised its ambient air quality primary and secondary standards for ozone to be consistent with EPA's 2015 revision, and codified that revision at 326 Indiana Administrative Code (IAC) 1-3-4, Ambient Air Quality Standards. On October 26, 2015 (80 FR 65291), EPA also revised the monitoring test methods for ozone, which are codified at 40 CFR part 50 appendices D and U, and at 40 CFR part 53. IDEM revised 326 IAC 1-3-4(4)(B) to update its references to those Federal monitoring test methods. Indiana also made administrative revisions throughout 326 IAC 1-3-4 for ambient air quality standards other than ozone. This includes changing ``shall represent'' to ``represents'' and ``shall'' to ``must.'' IDEM posted notice by March 3, 2017, for the Environmental Rules Board meeting on April 12, 2017, at which public comment was taken on the ambient air quality standard revisions. There were no public comments. On September 7, 2017, IDEM requested approval of 326 IAC 1-3- 4 into the Indiana SIP. II. What is EPA's analysis? IDEM's revisions to 326 IAC 1-3-4(4) make its ambient air quality standards consistent with the federal 2015 8-hour ozone NAAQS. Aligning the ambient air quality standards ensures consistency between EPA's and IDEM's ozone standards. IDEM's updates to the monitoring test methods for ozone keep the state's test methods consistent with the federal test methods. EPA also finds that the administrative revisions made in 326 IAC 1-3-4 are minor and do not alter the state's ambient air quality standards, which remain consistent with the NAAQS. III. What action is EPA taking? EPA is proposing to approve revisions to Indiana's ambient air quality standards in 326 IAC 1-3-4 into the Indiana SIP. The revisions to 326 IAC 1-3-4 include aligning both IDEM's ozone standard with the 2015 8-hour ozone NAAQS as codified at 40 CFR part 50 and the monitoring test methods for ozone as codified at 40 CFR part 50 and 40 CFR part 53. Further, administrative revisions were made to IDEM's other ambient air quality standards in 326 IAC 1-3-4. This SIP revision request was submitted on September 7, 2017. IV. Incorporation by Reference In this rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference 326 IAC 1-3-4, effective August 11, 2017. EPA has made, and will continue to make, these documents generally available through www.regulations.gov, 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). 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); [[Page 19195]] 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). 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). 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. Dated: April 25, 2018. Edward H. Chu, Acting Regional Administrator, Region 5. [FR Doc. 2018-09318 Filed 5-1-18; 8:45 am] BILLING CODE 6560-50-P
![19194 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Proposed Rules
ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Matt in 326 IAC 1–3–4 are minor and do not
AGENCY Rau, Environmental Engineer, Control alter the state’s ambient air quality
Strategies Section, Air Programs Branch standards, which remain consistent
40 CFR Part 52 (AR–18J), Environmental Protection with the NAAQS.
[EPA–R05–OAR–2017–0535; FRL–9977–52 Agency, Region 5, 77 West Jackson
III. What action is EPA taking?
Region 5] Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@epa.gov. EPA is proposing to approve revisions
Air Plan Approval; Indiana; Air Quality SUPPLEMENTARY INFORMATION: to Indiana’s ambient air quality
Standards Update for the 2015 Ozone Throughout this document whenever standards in 326 IAC 1–3–4 into the
Standard ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Indiana SIP. The revisions to 326 IAC 1–
AGENCY: Environmental Protection EPA. This supplementary information 3–4 include aligning both IDEM’s ozone
Agency (EPA). section is arranged as follows: standard with the 2015 8-hour ozone
ACTION: Proposed rule. I. Background NAAQS as codified at 40 CFR part 50
II. What is EPA’s analysis? and the monitoring test methods for
SUMMARY: The Environmental Protection III. What action is EPA taking? ozone as codified at 40 CFR part 50 and
Agency (EPA) is proposing to approve a IV. Incorporation by Reference 40 CFR part 53. Further, administrative
September 7, 2017, request by the V. Statutory and Executive Order Reviews revisions were made to IDEM’s other
Indiana Department of Environmental ambient air quality standards in 326 IAC
I. Background
Management (IDEM) to revise the 1–3–4. This SIP revision request was
Indiana state implementation plan (SIP) On October 26, 2015 (80 FR 65291),
submitted on September 7, 2017.
for ozone. IDEM revised its ozone EPA revised the primary and secondary
standard in order to be consistent with ozone NAAQS from 0.075 to 0.070 parts IV. Incorporation by Reference
EPA’s 2015 revisions to the 8-hour per million (ppm), daily maximum 8-
hour concentration, codified at 40 CFR In this rule, EPA is proposing to
national ambient air quality standards include in a final EPA rule regulatory
(NAAQS). IDEM also revised the 50.19. The ozone NAAQS continues to
use an 8-hour averaging time, calculated text that includes incorporation by
references to the monitoring test reference. In accordance with
methods in its rules to the current EPA as the fourth-highest daily maximum
averaged across three consecutive years. requirements of 1 CFR 51.5, EPA is
test methods. EPA is also proposing to proposing to incorporate by reference
approve administrative revisions to IDEM revised its ambient air quality
primary and secondary standards for 326 IAC 1–3–4, effective August 11,
regulations addressing other ambient air 2017. EPA has made, and will continue
quality standards. ozone to be consistent with EPA’s 2015
revision, and codified that revision at to make, these documents generally
DATES: Comments must be received on available through www.regulations.gov,
or before June 1, 2018. 326 Indiana Administrative Code (IAC)
1–3–4, Ambient Air Quality Standards. and at the EPA Region 5 Office (please
ADDRESSES: Submit your comments, contact the person identified in the FOR
identified by Docket ID No. EPA–R05– On October 26, 2015 (80 FR 65291),
EPA also revised the monitoring test FURTHER INFORMATION CONTACT section of
OAR–2017–0535 at http:// this preamble for more information).
www.regulations.gov or via email to methods for ozone, which are codified
blakley.pamela@epa.gov. For comments at 40 CFR part 50 appendices D and U, V. Statutory and Executive Order
submitted at Regulations.gov, follow the and at 40 CFR part 53. IDEM revised 326 Reviews
online instructions for submitting IAC 1–3–4(4)(B) to update its references
to those Federal monitoring test Under the Clean Air Act, the
comments. Once submitted, comments Administrator is required to approve a
cannot be edited or removed from methods.
Indiana also made administrative SIP submission that complies with the
Regulations.gov. For either manner of revisions throughout 326 IAC 1–3–4 for provisions of the Clean Air Act and
submission, EPA may publish any ambient air quality standards other than applicable Federal regulations. 42
comment received to its public docket. ozone. This includes changing ‘‘shall U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
Do not submit electronically any represent’’ to ‘‘represents’’ and ‘‘shall’’ in reviewing SIP submissions, EPA’s
information you consider to be to ‘‘must.’’ role is to approve state choices,
Confidential Business Information (CBI) IDEM posted notice by March 3, 2017, provided that they meet the criteria of
or other information whose disclosure is for the Environmental Rules Board the Clean Air Act. Accordingly, this
restricted by statute. Multimedia meeting on April 12, 2017, at which action merely approves state law as
submissions (audio, video, etc.) must be public comment was taken on the meeting Federal requirements and does
accompanied by a written comment. ambient air quality standard revisions. not impose additional requirements
The written comment is considered the There were no public comments. On beyond those imposed by state law. For
official comment and should include September 7, 2017, IDEM requested that reason, this action:
discussion of all points you wish to approval of 326 IAC 1–3–4 into the
make. EPA will generally not consider • Is not a significant regulatory action
Indiana SIP. subject to review by the Office of
comments or comment contents located
outside of the primary submission (i.e., II. What is EPA’s analysis? Management and Budget under
on the web, cloud, or other file sharing IDEM’s revisions to 326 IAC 1–3–4(4) Executive Orders 12866 (58 FR 51735,
system). For additional submission make its ambient air quality standards October 4, 1993) and 13563 (76 FR 3821,
methods, please contact the person consistent with the federal 2015 8-hour January 21, 2011);
daltland on DSKBBV9HB2PROD with PROPOSALS
identified in the FOR FURTHER ozone NAAQS. Aligning the ambient air • Is not an Executive Order 13771 (82
INFORMATION CONTACT section. For the quality standards ensures consistency FR 9339, February 2, 2017) regulatory
full EPA public comment policy, between EPA’s and IDEM’s ozone action because SIP approvals are
information about CBI or multimedia standards. IDEM’s updates to the exempted under Executive Order 12866;
submissions, and general guidance on monitoring test methods for ozone keep • Does not impose an information
making effective comments, please visit the state’s test methods consistent with collection burden under the provisions
http://www2.epa.gov/dockets/ the federal test methods. EPA also finds of the Paperwork Reduction Act (44
commenting-epa-dockets. that the administrative revisions made U.S.C. 3501 et seq.);
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![Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Proposed Rules 19195
• Is certified as not having a ENVIRONMENTAL PROTECTION Branch, 290 Broadway, New York, New
significant economic impact on a AGENCY York 10007–1866 at 212–637–3764 or
substantial number of small entities by email at linky.edward@epa.gov.
under the Regulatory Flexibility Act (5 40 CFR Part 62 SUPPLEMENTARY INFORMATION:
U.S.C. 601 et seq.); [EPA–R02–OAR–2017- 0712; FRL–9977– Throughout this document ‘‘we,’’ ‘‘us,’’
• Does not contain any unfunded 55—Region 2] or ‘‘our’’ refer to the EPA. This section
provides additional information by
mandate or significantly or uniquely
Approval and Promulgation of State addressing the following:
affect small governments, as described
Plans for Designated Facilities and I. Background
in the Unfunded Mandates Reform Act
Pollutants; United States Virgin II. Analysis of State Submittal
of 1995 (Pub. L. 104–4); Islands; Commercial and Industrial III. Statutory and Executive Order Reviews
• Does not have Federalism Solid Waste Incineration Units
implications as specified in Executive I. Background
Order 13132 (64 FR 43255, August 10, AGENCY: Environmental Protection The Clean Air Act (CAA) requires that
1999); Agency (EPA). state 1 regulatory agencies implement
ACTION: Proposed rule. the emission guidelines and compliance
• Is not an economically significant
times using a state plan developed
regulatory action based on health or SUMMARY: The Environmental Protection under sections 111(d) and 129 of the
safety risks subject to Executive Order Agency (EPA) proposes to approve the CAA.
13045 (62 FR 19885, April 23, 1997); Clean Air Act (CAA) section 111(d)/129 The general provisions for the
• Is not a significant regulatory action negative declaration for the United submittal and approval of state plans are
subject to Executive Order 13211 (66 FR States Virgin Islands, for Commercial codified in 40 CFR part 60, subpart B
28355, May 22, 2001); and Industrial Solid Waste Incineration and 40 CFR part 62, subpart A. Section
(CISWI) units. This negative declaration 111(d) establishes general requirements
• Is not subject to requirements of certifies that CISWI units subject to and procedures on state plan submittals
Section 12(d) of the National sections 111(d) and 129 of the CAA do for the control of designated pollutants.
Technology Transfer and Advancement not exist within the jurisdiction of the Section 129 requires emission
Act of 1995 (15 U.S.C. 272 note) because United States Virgin Islands. The EPA is guidelines to be promulgated for all
application of those requirements would accepting the negative declaration in categories of solid waste incineration
be inconsistent with the Clean Air Act; accordance with the requirements of the units, including commercial and
and CAA. industrial solid waste incineration
• Does not provide EPA with the DATES: Comments must be received on (CISWI) units. A CISWI unit is defined,
discretionary authority to address, as or before June 1, 2018. in general, as ‘‘any distinct operating
appropriate, disproportionate human ADDRESSES: Submit your comments, unit of any commercial or industrial
health or environmental effects, using identified by Docket ID No. EPA–R02– facility that combusts, or has combusted
practicable and legally permissible OAR–2017–0712, at http:// in the preceding 6 months, any solid
methods, under Executive Order 12898 www.regulations.gov. Follow the online waste as that term is defined at 40 CFR
(59 FR 7629, February 16, 1994). instructions for submitting comments. 241.’’ See 40 CFR 60.2875. Section 129
Once submitted, comments cannot be mandates that all plan requirements be
In addition, the SIP is not approved at least as protective as the promulgated
to apply on any Indian reservation land edited or removed from Regulations.gov.
The EPA may publish any comment emission guidelines. This includes fixed
or in any other area where EPA or an final compliance dates, fixed
received to its public docket. Do not
Indian tribe has demonstrated that a compliance schedules, and Title V
submit electronically any information
tribe has jurisdiction. In those areas of permitting requirements for all affected
you consider to be Confidential
Indian country, the rule does not have Business Information (CBI) or other sources. Section 129 also requires that
tribal implications and will not impose information whose disclosure is state plans be submitted to EPA within
substantial direct costs on tribal restricted by statute. Multimedia one year after EPA’s promulgation of the
governments or preempt tribal law as submissions (audio, video, etc.) must be emission guidelines and compliance
specified by Executive Order 13175 (65 accompanied by a written comment. times.
FR 67249, November 9, 2000). The written comment is considered the States have options other than
official comment and should include submitting a state plan in order to fulfill
List of Subjects in 40 CFR Part 52 their obligations under CAA sections
discussion of all points you wish to
Environmental protection, Air make. 111(d) and 129. If a state does not have
pollution control, Carbon monoxide, The EPA will generally not consider any existing CISWI units for the relevant
Incorporation by reference, comments or comment contents located emission guidelines, a letter can be
outside of the primary submission (i.e., submitted certifying that no such units
Intergovernmental relations, Lead,
on the web, cloud, or other file sharing exist within the state (i.e., negative
Nitrogen dioxide, Ozone, Particulate
system). For additional submission declaration) in lieu of a state plan. The
matter, Reporting and recordkeeping
methods, the full EPA public comment negative declaration exempts the state
requirements, Sulfur oxides. from the requirements of subpart B that
policy, information about CBI or
would otherwise require the submittal
daltland on DSKBBV9HB2PROD with PROPOSALS
Dated: April 25, 2018. multimedia submissions, and general
Edward H. Chu, guidance on making effective of a CAA section 111(d)/129 plan.
comments, please visit http:// On March 21, 2011 (76 FR 15704), the
Acting Regional Administrator, Region 5.
www2.epa.gov/dockets/commenting- EPA established emission guidelines
[FR Doc. 2018–09318 Filed 5–1–18; 8:45 am] and compliance times for existing
epa-dockets.
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT: 1 Section 302(d) of the CAA includes the United
Edward J. Linky, Environmental States Virgin Islands in the definition of the term
Protection Agency, Air Programs ‘‘State.’’
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Document Created: 2018-05-02 00:49:25
Document Modified: 2018-05-02 00:49:25
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before June 1, 2018. | |
| Contact | Matt Rau, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6524, [email protected] | |
| FR Citation | 83 FR 19194 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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