83 FR 4595 - Air Plan Approval; Indiana; Infrastructure SIP Requirements for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 22 (February 1, 2018)
Federal Register Volume 83, Issue 22 (February 1, 2018)
| Page Range | 4595-4597 | |
| FR Document | 2018-01924 |
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)] [Rules and Regulations] [Pages 4595-4597] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01924] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0343; FRL-9973-49-Region 5] Air Plan Approval; Indiana; Infrastructure SIP Requirements for the 2012 PM2.5 NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving elements of a state implementation plan (SIP) submission from Indiana regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2012 fine particulate matter (PM2.5 ) National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. EPA proposed this action on August 31, 2017, and received one public comment in response. DATES: This final rule is effective on March 5, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2016-0343. All documents in the docket are listed on the www.regulations.gov website. 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, svingen.eric@epa.gov. 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 of this SIP submission? II. What comments were submitted on the proposed rulemaking? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. What is the background of this SIP submission? A. What state submission does this rulemaking address? This rulemaking addresses a June 10, 2016, submission from the Indiana Department of Environmental Management (IDEM) intended to address all applicable infrastructure requirements for the 2012 PM2.5 NAAQS. On December 28, 2016, IDEM supplemented this submittal with additional documentation intended to address the transport requirements of Section 110(a)(2)(D) for the 2012 PM2.5 NAAQS; EPA will take action on this supplement in a separate rulemaking. B. Why did the state make this SIP submission? Under section 110(a)(1) and (2) of the CAA, states are required to submit infrastructure SIPs to ensure that their SIPs provide for implementation, maintenance, and enforcement of the NAAQS, including the 2012 PM2.5 NAAQS. These submissions must contain any revisions needed for meeting the applicable SIP requirements of section 110(a)(2), or certifications that their existing SIPs for the NAAQS already meet those requirements. EPA highlighted this statutory requirement in an October 2, 2007, guidance document entitled ``Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5 \1\ National Ambient Air Quality Standards'' (2007 Guidance) and has issued additional guidance documents, the most recent on September 13, 2013, entitled ``Guidance on Infrastructure State Implementation Plan (SIP) Elements under CAA Sections 110(a)(1) and (2)'' (2013 Guidance). The SIP submission referenced in this rulemaking pertains to the applicable requirements of section 110(a)(1) and (2), and addresses the 2012 PM2.5 NAAQS. --------------------------------------------------------------------------- \1\ PM2.5 refers to particles with an aerodynamic diameter of less than or equal to 2.5 micrometers, oftentimes referred to as ``fine'' particles. --------------------------------------------------------------------------- C. What is the scope of this rulemaking? EPA is acting upon the SIP submission from Indiana that addresses the infrastructure requirements of CAA section 110(a)(1) and (2) for the 2012 PM2.5 NAAQS. The requirement for states to make SIP submissions of this type arises out of CAA section 110(a)(1), which states that states must make SIP submissions ``within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),'' and these SIP submissions are to provide for the ``implementation, maintenance, and enforcement'' of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA's taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that ``[e]ach such plan'' submission must address. EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of CAA section 110(a)(1) and (2) as ``infrastructure SIP'' submissions. Although the term ``infrastructure SIP'' does not appear in the CAA, EPA uses the term to distinguish this particular type of SIP submission from submissions that are intended to satisfy other SIP requirements under the CAA, such as SIP submissions that address the nonattainment planning requirements of part D and the prevention of significant deterioration (PSD) requirements of part C of title I of the CAA, and ``regional haze SIP'' submissions required to address the visibility protection requirements of CAA section 169A. In this rulemaking, EPA will not take action on three substantive areas of section 110(a)(2): (i) Existing provisions related to excess emissions during periods of start-up, shutdown, or malfunction (``SSM'') at sources, that may be contrary to the CAA and EPA's policies addressing such excess emissions; (ii) existing provisions related to ``director's variance'' or ``director's discretion'' that purport to permit revisions to SIP approved emissions limits with limited public notice or without requiring further approval by EPA, that may be contrary to the CAA; and, (iii) existing provisions for PSD programs that may be inconsistent with current requirements of EPA's ``Final NSR Improvement Rule,'' 67 FR 80186 (December 31, [[Page 4596]] 2002), as amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''). Instead, EPA has the authority to address each one of these substantive areas in separate rulemakings. A detailed history, interpretation, and rationale as they relate to infrastructure SIP requirements can be found in EPA's May 13, 2014, proposed rule entitled, ``Infrastructure SIP Requirements for the 2008 Lead NAAQS'' in the section, ``What is the scope of this rulemaking?'' (see 79 FR 27241 at 27242-27245). II. What comments were submitted on the proposed rulemaking? On August 31, 2017 (82 FR 41379), EPA proposed to approve the above-cited elements of Indiana's infrastructure SIP submission for the 2012 PM2.5 NAAQS. In response to this proposed action, EPA received one comment from a person identifying as a ``citizen of Indiana and a law student.'' The commenter expressed support for EPA's proposed approval of the Indiana infrastructure SIP for the PM2.5 NAAQS, but ``encourage[d] some sort of change that would be stricter on states regarding localities.'' EPA thanks the commenter for her/his thoughts and support regarding rulemakings. III. What action is EPA taking? EPA is taking final action to approve most elements of a submission from Indiana certifying that its current SIP is sufficient to meet the required infrastructure elements under section 110(a)(1) and (2) for the 2012 PM2.5 NAAQS. EPA's actions for the state's satisfaction of infrastructure SIP requirements, by element of section 110(a)(2) and NAAQS, are contained in the table below. ------------------------------------------------------------------------ 2012 Element PM2.5 ------------------------------------------------------------------------ (A)--Emission limits and other control measures.............. A (B)--Ambient air quality monitoring/data system.............. A (C)1--Program for enforcement of control measures............ A (C)2--PSD.................................................... A (D)1--I Prong 1: Interstate transport--significant NA contribution................................................ (D)2--I Prong 2: Interstate transport--interfere with NA maintenance................................................. (D)3--II Prong 3: Interstate transport--prevention of A significant deterioration................................... (D)4--II Prong 4: Interstate transport--protect visibility... NA (D)5--Interstate and international pollution abatement....... A (E)1--Adequate resources..................................... A (E)2--State board requirements............................... A (F)--Stationary source monitoring system..................... A (G)--Emergency power......................................... A (H)--Future SIP revisions.................................... A (I)--Nonattainment planning requirements of part D........... (*) (J)1--Consultation with government officials................. A (J)2--Public notification.................................... A (J)3--PSD.................................................... A (J)4--Visibility protection.................................. (*) (K)--Air quality modeling/data............................... A (L)--Permitting fees......................................... A (M)--Consultation and participation by affected local A entities.................................................... ------------------------------------------------------------------------ In the above table, the key is as follows: ------------------------------------------------------------------------ ------------------------------------------------------------------------ A................................. Approve. NA................................ No Action/Separate Rulemaking. *................................. Not germane to infrastructure SIPs. ------------------------------------------------------------------------ IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: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.); 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 April 2, 2018. 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 [[Page 4597]] reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: January 17, 2018. Cathy Stepp, 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 (e) is amended by adding an entry in alphabetical order for ``Section 110(a)(2) infrastructure requirements for the 2012 PM 2.5 NAAQS'' to read as follows: Sec. 52.770 Identification of plan. * * * * * (e) * * * EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Title Indiana date EPA approval Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 110(a)(2) infrastructure 6/10/2016 2/1/2018, [Insert Federal This action addresses the requirements for the 2012 PM2.5 NAAQS. Register citation]. following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II) except visibility, (D)(ii), (E), (F), (G), (H), (J) except visibility, (K), (L), and (M). * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-01924 Filed 1-31-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations 4595
[FR Doc. 2018–01925 Filed 1–31–18; 8:45 am] Environmental Protection Agency, section 110(a)(1) and (2), and addresses
BILLING CODE 6560–50–P Region 5, 77 West Jackson Boulevard, the 2012 PM2.5 NAAQS.
Chicago, Illinois 60604, (312) 353–4489,
C. What is the scope of this rulemaking?
svingen.eric@epa.gov.
ENVIRONMENTAL PROTECTION EPA is acting upon the SIP
SUPPLEMENTARY INFORMATION:
AGENCY submission from Indiana that addresses
Throughout this document whenever
the infrastructure requirements of CAA
40 CFR Part 52 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
section 110(a)(1) and (2) for the 2012
EPA. This supplementary information
[EPA–R05–OAR–2016–0343; FRL–9973–49– PM2.5 NAAQS. The requirement for
section is arranged as follows:
Region 5] states to make SIP submissions of this
I. What is the background of this SIP type arises out of CAA section 110(a)(1),
Air Plan Approval; Indiana; submission? which states that states must make SIP
II. What comments were submitted on the submissions ‘‘within 3 years (or such
Infrastructure SIP Requirements for
proposed rulemaking?
the 2012 PM2.5 NAAQS III. What action is EPA taking?
shorter period as the Administrator may
IV. Statutory and Executive Order Reviews prescribe) after the promulgation of a
AGENCY: Environmental Protection national primary ambient air quality
Agency (EPA). I. What is the background of this SIP standard (or any revision thereof),’’ and
ACTION: Final rule. submission? these SIP submissions are to provide for
SUMMARY: The Environmental Protection A. What state submission does this the ‘‘implementation, maintenance, and
Agency (EPA) is approving elements of rulemaking address? enforcement’’ of such NAAQS. The
a state implementation plan (SIP) statute directly imposes on states the
This rulemaking addresses a June 10, duty to make these SIP submissions,
submission from Indiana regarding the
2016, submission from the Indiana and the requirement to make the
infrastructure requirements of section
Department of Environmental submissions is not conditioned upon
110 of the Clean Air Act (CAA) for the
2012 fine particulate matter (PM2.5) Management (IDEM) intended to EPA’s taking any action other than
National Ambient Air Quality Standards address all applicable infrastructure promulgating a new or revised NAAQS.
(NAAQS). The infrastructure requirements for the 2012 PM2.5 Section 110(a)(2) includes a list of
requirements are designed to ensure that NAAQS. On December 28, 2016, IDEM specific elements that ‘‘[e]ach such
the structural components of each supplemented this submittal with plan’’ submission must address.
state’s air quality management program additional documentation intended to EPA has historically referred to these
are adequate to meet the state’s address the transport requirements of SIP submissions made for the purpose
responsibilities under the CAA. EPA Section 110(a)(2)(D) for the 2012 PM2.5 of satisfying the requirements of CAA
proposed this action on August 31, NAAQS; EPA will take action on this section 110(a)(1) and (2) as
2017, and received one public comment supplement in a separate rulemaking. ‘‘infrastructure SIP’’ submissions.
in response. Although the term ‘‘infrastructure SIP’’
B. Why did the state make this SIP does not appear in the CAA, EPA uses
DATES: This final rule is effective on submission? the term to distinguish this particular
March 5, 2018. type of SIP submission from
Under section 110(a)(1) and (2) of the
ADDRESSES: EPA has established a CAA, states are required to submit submissions that are intended to satisfy
docket for this action under Docket ID infrastructure SIPs to ensure that their other SIP requirements under the CAA,
No. EPA–R05–OAR–2016–0343. All SIPs provide for implementation, such as SIP submissions that address
documents in the docket are listed on maintenance, and enforcement of the the nonattainment planning
the www.regulations.gov website. NAAQS, including the 2012 PM2.5 requirements of part D and the
Although listed in the index, some NAAQS. These submissions must prevention of significant deterioration
information is not publicly available, contain any revisions needed for (PSD) requirements of part C of title I of
i.e., Confidential Business Information meeting the applicable SIP requirements the CAA, and ‘‘regional haze SIP’’
(CBI) or other information whose of section 110(a)(2), or certifications that submissions required to address the
disclosure is restricted by statute. their existing SIPs for the NAAQS visibility protection requirements of
Certain other material, such as already meet those requirements. CAA section 169A.
copyrighted material, is not placed on EPA highlighted this statutory In this rulemaking, EPA will not take
the internet and will be publicly requirement in an October 2, 2007, action on three substantive areas of
available only in hard copy form. guidance document entitled ‘‘Guidance section 110(a)(2): (i) Existing provisions
Publicly available docket materials are on SIP Elements Required Under related to excess emissions during
available either through Sections 110(a)(1) and (2) for the 1997 periods of start-up, shutdown, or
www.regulations.gov or at the 8-hour Ozone and PM2.5 1 National malfunction (‘‘SSM’’) at sources, that
Environmental Protection Agency, Ambient Air Quality Standards’’ (2007 may be contrary to the CAA and EPA’s
Region 5, Air and Radiation Division, 77 Guidance) and has issued additional policies addressing such excess
West Jackson Boulevard, Chicago, guidance documents, the most recent on emissions; (ii) existing provisions
Illinois 60604. This facility is open from September 13, 2013, entitled ‘‘Guidance related to ‘‘director’s variance’’ or
8:30 a.m. to 4:30 p.m., Monday through on Infrastructure State Implementation ‘‘director’s discretion’’ that purport to
Friday, excluding Federal holidays. We Plan (SIP) Elements under CAA permit revisions to SIP approved
recommend that you telephone Eric Sections 110(a)(1) and (2)’’ (2013 emissions limits with limited public
Svingen, Environmental Engineer, at notice or without requiring further
daltland on DSKBBV9HB2PROD with RULES
Guidance). The SIP submission
(312) 353–4489 before visiting the referenced in this rulemaking pertains approval by EPA, that may be contrary
Region 5 office. to the applicable requirements of to the CAA; and, (iii) existing provisions
FOR FURTHER INFORMATION CONTACT: Eric for PSD programs that may be
Svingen, Environmental Engineer, 1 PM inconsistent with current requirements
2.5 refers to particles with an aerodynamic
Attainment Planning and Maintenance diameter of less than or equal to 2.5 micrometers, of EPA’s ‘‘Final NSR Improvement
Section, Air Programs Branch (AR–18J), oftentimes referred to as ‘‘fine’’ particles. Rule,’’ 67 FR 80186 (December 31,
VerDate Sep<11>2014 17:04 Jan 31, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1](https://thefederalregister.org/doc/83_FR_4617/page/1.svg)
![4596 Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations
2002), as amended by 72 FR 32526 (June 2012 safety risks subject to Executive Order
Element
13, 2007) (‘‘NSR Reform’’). Instead, EPA PM2.5 13045 (62 FR 19885, April 23, 1997);
has the authority to address each one of • Is not a significant regulatory action
these substantive areas in separate (H)—Future SIP revisions .................. A subject to Executive Order 13211 (66 FR
rulemakings. A detailed history, (I)—Nonattainment planning require- 28355, May 22, 2001);
interpretation, and rationale as they ments of part D ............................... (*) • Is not subject to requirements of
(J)1—Consultation with government Section 12(d) of the National
relate to infrastructure SIP requirements officials ............................................ A
can be found in EPA’s May 13, 2014, (J)2—Public notification ...................... A
Technology Transfer and Advancement
proposed rule entitled, ‘‘Infrastructure (J)3—PSD ........................................... A Act of 1995 (15 U.S.C. 272 note) because
SIP Requirements for the 2008 Lead (J)4—Visibility protection .................... (*) application of those requirements would
NAAQS’’ in the section, ‘‘What is the (K)—Air quality modeling/data ............ A be inconsistent with the CAA; and
scope of this rulemaking?’’ (see 79 FR (L)—Permitting fees ............................ A • Does not provide EPA with the
27241 at 27242–27245). (M)—Consultation and participation discretionary authority to address, as
by affected local entities ................. A appropriate, disproportionate human
II. What comments were submitted on health or environmental effects, using
the proposed rulemaking? In the above table, the key is as practicable and legally permissible
On August 31, 2017 (82 FR 41379), follows: methods, under Executive Order 12898
EPA proposed to approve the above- (59 FR 7629, February 16, 1994).
cited elements of Indiana’s A ............ Approve. In addition, the SIP is not approved
infrastructure SIP submission for the NA .......... No Action/Separate Rulemaking. to apply on any Indian reservation land
2012 PM2.5 NAAQS. In response to this * ............. Not germane to infrastructure or in any other area where EPA or an
SIPs. Indian tribe has demonstrated that a
proposed action, EPA received one
comment from a person identifying as a tribe has jurisdiction. In those areas of
‘‘citizen of Indiana and a law student.’’ IV. Statutory and Executive Order Indian country, the rule does not have
The commenter expressed support for Reviews tribal implications and will not impose
EPA’s proposed approval of the Indiana Under the CAA, the Administrator is substantial direct costs on tribal
infrastructure SIP for the PM2.5 NAAQS, required to approve a SIP submission governments or preempt tribal law as
but ‘‘encourage[d] some sort of change that complies with the provisions of the specified by Executive Order 13175 (65
that would be stricter on states CAA and applicable Federal regulations. FR 67249, November 9, 2000).
regarding localities.’’ EPA thanks the 42 U.S.C. 7410(k); 40 CFR 52.02(a). The Congressional Review Act, 5
commenter for her/his thoughts and Thus, in reviewing SIP submissions, U.S.C. 801 et seq., as added by the Small
support regarding rulemakings. EPA’s role is to approve state choices, Business Regulatory Enforcement
provided that they meet the criteria of Fairness Act of 1996, generally provides
III. What action is EPA taking?
the CAA. Accordingly, this action that before a rule may take effect, the
EPA is taking final action to approve merely approves state law as meeting agency promulgating the rule must
most elements of a submission from Federal requirements and does not submit a rule report, which includes a
Indiana certifying that its current SIP is impose additional requirements beyond copy of the rule, to each House of the
sufficient to meet the required those imposed by state law. For that Congress and to the Comptroller General
infrastructure elements under section reason, this action: of the United States. EPA will submit a
110(a)(1) and (2) for the 2012 PM2.5 • Is not a significant regulatory action report containing this action and other
NAAQS. EPA’s actions for the state’s subject to review by the Office of required information to the U.S. Senate,
satisfaction of infrastructure SIP Management and Budget under the U.S. House of Representatives, and
requirements, by element of section Executive Orders 12866 (58 FR 51735, the Comptroller General of the United
110(a)(2) and NAAQS, are contained in October 4, 1993) and 13563 (76 FR 3821, States prior to publication of the rule in
the table below. January 21, 2011); the Federal Register. A major rule
• Is not an Executive Order 13771 (82 cannot take effect until 60 days after it
2012 FR 9339, February 2, 2017) regulatory is published in the Federal Register.
Element PM2.5
action because SIP approvals are This action is not a ‘‘major rule’’ as
(A)—Emission limits and other control exempted under Executive Order 12866; defined by 5 U.S.C. 804(2).
measures ........................................ A • Does not impose an information Under section 307(b)(1) of the CAA,
(B)—Ambient air quality monitoring/ collection burden under the provisions petitions for judicial review of this
data system ..................................... A of the Paperwork Reduction Act (44 action must be filed in the United States
(C)1—Program for enforcement of U.S.C. 3501 et seq.); Court of Appeals for the appropriate
control measures ............................ A • Is certified as not having a circuit by April 2, 2018. Filing a petition
(C)2—PSD .......................................... A significant economic impact on a
(D)1—I Prong 1: Interstate trans-
for reconsideration by the Administrator
port—significant contribution ........... NA
substantial number of small entities of this final rule does not affect the
(D)2—I Prong 2: Interstate trans- under the Regulatory Flexibility Act (5 finality of this action for the purposes of
port—interfere with maintenance .... NA U.S.C. 601 et seq.); judicial review nor does it extend the
(D)3—II Prong 3: Interstate trans- • Does not contain any unfunded time within which a petition for judicial
port—prevention of significant dete- mandate or significantly or uniquely review may be filed, and shall not
rioration ........................................... A affect small governments, as described postpone the effectiveness of such rule
(D)4—II Prong 4: Interstate trans- in the Unfunded Mandates Reform Act or action. This action may not be
port—protect visibility ...................... NA
daltland on DSKBBV9HB2PROD with RULES
of 1995 (Pub. L. 104–4); challenged later in proceedings to
(D)5—Interstate and international pol- • Does not have Federalism
lution abatement ............................. A enforce its requirements. (See section
(E)1—Adequate resources ................. A
implications as specified in Executive 307(b)(2).)
(E)2—State board requirements ........ A Order 13132 (64 FR 43255, August 10,
1999); List of Subjects in 40 CFR Part 52
(F)—Stationary source monitoring
system ............................................. A • Is not an economically significant Environmental protection, Air
(G)—Emergency power ...................... A regulatory action based on health or pollution control, Incorporation by
VerDate Sep<11>2014 16:09 Jan 31, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1](https://thefederalregister.org/doc/83_FR_4617/page/2.svg)
![Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations 4597
reference, Intergovernmental relations, PART 52—APPROVAL AND ■ 2. In § 52.770, the table in paragraph
Particulate matter, Reporting and PROMULGATION OF (e) is amended by adding an entry in
recordkeeping requirements. IMPLEMENTATION PLANS alphabetical order for ‘‘Section 110(a)(2)
infrastructure requirements for the 2012
Dated: January 17, 2018.
■ 1. The authority citation for part 52 PM2.5 NAAQS’’ to read as follows:
Cathy Stepp,
continues to read as follows: § 52.770 Identification of plan.
Regional Administrator, Region 5.
Authority: 42 U.S.C. 7401 et seq. * * * * *
40 CFR part 52 is amended as follows: (e) * * *
EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title Indiana date EPA approval Explanation
* * * * * * *
Section 110(a)(2) infrastructure 6/10/2016 2/1/2018, [Insert Federal Reg- This action addresses the following CAA elements:
requirements for the 2012 ister citation]. 110(a)(2)(A), (B), (C), (D)(i)(II) except visibility, (D)(ii), (E),
PM2.5 NAAQS. (F), (G), (H), (J) except visibility, (K), (L), and (M).
* * * * * * *
[FR Doc. 2018–01924 Filed 1–31–18; 8:45 am] disclosure is restricted by statute. make this action re-approving the
BILLING CODE 6560–50–P Certain other material, such as revisions to the Montana SIP effective
copyrighted material, is not placed on upon publication in the Federal
the internet and will be publicly Register. Section 553(d)(3) of the APA
ENVIRONMENTAL PROTECTION available only in hard copy form. allows an effective date less than 30
AGENCY Publicly available docket materials are days after publication ‘‘as otherwise
available through http:// provided by the agency for good cause
40 CFR Part 52 www.regulations.gov, or please contact found and published with the rule.’’ 5
[EPA–R08–OAR–2017–0339; FRL–9973–17– the person identified in the FOR FURTHER U.S.C. 553(d)(3). This rule does not
Region 8] INFORMATION CONTACT section for create any new regulatory requirements
additional availability information. and does not change any existing
Montana Second 10-Year Carbon FOR FURTHER INFORMATION CONTACT: regulatory requirements. For these
Monoxide Maintenance Plan for Adam Clark, (303) 312–7104, reasons, the EPA finds good cause under
Missoula clark.adam@epa.gov. APA section 553(d)(3) for the re-
AGENCY: Environmental Protection approval to become effective on the date
SUPPLEMENTARY INFORMATION:
Agency (EPA). of publication of this action.
I. Background II. Response to Comments
ACTION: Final rule.
The factual background for this action The EPA received two anonymous
SUMMARY: The Environmental Protection is discussed in detail in our September
Agency (EPA) is taking final action to public comments, one which we
14, 2017 direct final rule (DFR) and considered adverse, on our action to
re-approve a State Implementation Plan proposal (82 FR 43180, 82 FR 43208)
(SIP) revision submitted by the State of approve Montana’s September 19, 2016
approving the revised Missoula SIP submittal. Below is a summary of
Montana. On September 19, 2016, the Maintenance Plan into the Montana SIP.
Governor of Montana submitted to the each comment and the EPA’s response.
The EPA received one adverse comment Comment: The first commenter asked
EPA a Clean Air Act (CAA) section on the rulemaking and attempted to
175A(b) second 10-year maintenance whether we were ‘‘expecting any push-
withdraw the DFR prior to the effective back’’ from businesses in extending the
plan for the Missoula, Montana area for date of November 13, 2017. However,
the carbon monoxide (CO) National carbon monoxide plan for another 10
the EPA inadvertently did not withdraw years.
Ambient Air Quality Standard the DFR prior to that date and the rule Response: Under the CAA, the
(NAAQS). This limited maintenance became prematurely effective on Administrator is required to approve a
plan (LMP) addresses maintenance of November 13, 2017, revising the SIP submission that complies with the
the CO NAAQS for a second 10-year Montana SIP to reflect the approval of provisions of the Act and applicable
period beyond the original the revised Missoula Maintenance Plan. federal regulations. 42 U.S.C. 7410(k);
redesignation. This action is being taken In this final rulemaking, the EPA is
40 CFR 52.02(a). Thus, in reviewing SIP
under sections 110 and 175A of the responding to the comments submitted submissions, the EPA’s role is to
CAA. on the proposed revision to the Montana approve state actions, provided that
DATES: Effective February 1, 2018. SIP, and is re-approving the revised they meet the criteria of the CAA. With
ADDRESSES: The EPA has established a Missoula Maintenance Plan into the that, the EPA notes that we did not
docket for this action under Docket ID Montana SIP. The background receive any comments from any
Number EPA–R08–OAR–2017–0339. All information found in the DFR is still
daltland on DSKBBV9HB2PROD with RULES
individual businesses or business
documents in the docket are listed on relevant and our September 14, 2017 groups.
the http://www.regulations.gov website. proposal provides the basis for this final Comment: The second commenter
Although listed in the index, some action. asserted that the EPA had failed to
information is not publicly available, The EPA finds that there is good consider the effects of approving the SIP
e.g., confidential business information cause under section 553(d)(3) of the submission on the economy or energy
(CBI) or other information whose Administrative Procedure Act (APA) to independence as required by a March
VerDate Sep<11>2014 16:09 Jan 31, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1](https://thefederalregister.org/doc/83_FR_4617/page/3.svg)
Document Created: 2018-10-26 13:47:40
Document Modified: 2018-10-26 13:47:40
| 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 March 5, 2018. | |
| 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 | 83 FR 4595 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR