83 FR 4847 - Air Plan Approval; Indiana; Regional Haze Five-Year Progress Report State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 23 (February 2, 2018)

Page Range		4847-4848
FR Document		2018-02053

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the state of Indiana on March 30, 2016. Indiana's SIP revision addresses requirements of the Clean Air Act (CAA) and EPA's rules that require states to submit periodic reports describing progress toward reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the state's existing regional haze SIP. Indiana's progress report notes that Indiana has implemented the measures in the regional haze SIP due to be in place by the date of the progress report and that Federal Class I areas affected by emissions from Indiana are meeting or exceeding the RPGs for 2018. Indiana also determined that the state's regional haze SIP is adequate to meet these reasonable progress goals for the first implementation period and requires no substantive revision at this time.

Federal Register, Volume 83 Issue 23 (Friday, February 2, 2018)

[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Rules and Regulations]
[Pages 4847-4848]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-02053]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0211; FRL-9973- 58--Region 5]

Air Plan Approval; Indiana; Regional Haze Five-Year Progress
Report State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the state of Indiana on
March 30, 2016. Indiana's SIP revision addresses requirements of the
Clean Air Act (CAA) and EPA's rules that require states to submit
periodic reports describing progress toward reasonable progress goals
(RPGs) established for regional haze and a determination of the
adequacy of the state's existing regional haze SIP. Indiana's progress
report notes that Indiana has implemented the measures in the regional
haze SIP due to be in place by the date of the progress report and that
Federal Class I areas affected by emissions from Indiana are meeting or
exceeding the RPGs for 2018. Indiana also determined that the state's
regional haze SIP is adequate to meet these reasonable progress goals
for the first implementation period and requires no substantive
revision at this time.

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-2016-0211. 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 Michelle Becker, Life Scientist, at (312) 886-3901
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michelle Becker, Life Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-3901,
Becker.Michelle@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. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. Background

States are required to submit a progress report in the form of a
SIP revision every five years that evaluates progress towards the RPGs
for each mandatory Class I Federal area within the state and in each
mandatory Class I Federal area outside the state which may be affected
by emissions from within the state. See 40 CFR 51.308(g). In addition,
the provisions under 40 CFR 51.308(h) require states to submit, at the
same time as the 40 CFR 51.308(g) progress report, a determination of
the adequacy of the state's existing regional haze SIP. The first
progress report SIP is due five years after submittal of the initial
regional haze SIP.
On December 7, 2017 (82 FR 57694), EPA published a notice of
proposed rulemaking (NPR) proposing approval of Indiana's March 30,
2016 Regional Haze Five-Year Progress Report SIP revision on the basis
that it satisfies the requirements of 40 CFR 51.308(g) and (h).
The specific details of Indiana's March 30, 2016 SIP revision and
the rationale for EPA's approval are discussed in the NPR and will not
be restated here. EPA received four comments on the proposed action,
three were not relevant to the rulemaking and one was in support of the
proposed approval of the Regional Haze Progress Report SIP.

II. What action is EPA taking?

EPA is approving Indiana's March 30, 2016 Regional Haze Five-Year
Progress Report SIP submittal as meeting the requirements of 40 CFR
51.308(g) and (h).

III. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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);

[[Page 4848]]

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 3, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

Dated: January 23, 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 the
entry ``Regional Haze Five-Year Progress Report'' in alphabetical order
to read as follows:

Sec. 52.770 Identification of plan.

* * * * *
(e) * * *

EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Indiana
Title date EPA approval Explanation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Regional Haze Five-Year Progress Report.. 3/30/2016 2/2/2018, [insert Federal ...........................
Register citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-02053 Filed 2-1-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations 4847

EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable
geographical
Title or State date EPA approval Comments
non-attain-
ment area

* * * * * * *
Section 110(a)(2) infra- Statewide .... 12/4/2015 2/2/2018, [insert Federal Approved CAA elements: 110(a)(2)(A), (B), (C), (D),
structure requirements Register citation]. (E), (F), (G), (H), (J), (K), (L), and (M). We are not
for the 2012 PM2.5 taking action on the visibility portion of (D)(i)(II),
NAAQS. prong four.

* * * * * * *

[FR Doc. 2018–02047 Filed 2–1–18; 8:45 am] information is not publicly available, haze SIP. The first progress report SIP
BILLING CODE 6560–50–P i.e., Confidential Business Information is due five years after submittal of the
(CBI) or other information whose initial regional haze SIP.
disclosure is restricted by statute. On December 7, 2017 (82 FR 57694),
ENVIRONMENTAL PROTECTION Certain other material, such as EPA published a notice of proposed
AGENCY copyrighted material, is not placed on rulemaking (NPR) proposing approval of
the internet and will be publicly Indiana’s March 30, 2016 Regional Haze
40 CFR Part 52 available only in hard copy form. Five-Year Progress Report SIP revision
[EPA–R05–OAR–2016–0211; FRL–9973– Publicly available docket materials are on the basis that it satisfies the
58—Region 5] available either through requirements of 40 CFR 51.308(g) and
www.regulations.gov or at the (h).
Air Plan Approval; Indiana; Regional Environmental Protection Agency,
The specific details of Indiana’s
Haze Five-Year Progress Report State Region 5, Air and Radiation Division, 77
March 30, 2016 SIP revision and the
Implementation Plan West Jackson Boulevard, Chicago,
rationale for EPA’s approval are
Illinois 60604. This facility is open from
AGENCY: Environmental Protection discussed in the NPR and will not be
8:30 a.m. to 4:30 p.m., Monday through
Agency (EPA). restated here. EPA received four
Friday, excluding Federal holidays. We
ACTION: Final rule. comments on the proposed action, three
recommend that you telephone Michelle
were not relevant to the rulemaking and
Becker, Life Scientist, at (312) 886–3901
SUMMARY: The Environmental Protection one was in support of the proposed
before visiting the Region 5 office.
Agency (EPA) is approving a State approval of the Regional Haze Progress
FOR FURTHER INFORMATION CONTACT:
Implementation Plan (SIP) revision Report SIP.
submitted by the state of Indiana on Michelle Becker, Life Scientist,
Attainment Planning and Maintenance II. What action is EPA taking?
March 30, 2016. Indiana’s SIP revision
addresses requirements of the Clean Air Section, Air Programs Branch (AR–18J),
EPA is approving Indiana’s March 30,
Act (CAA) and EPA’s rules that require Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, 2016 Regional Haze Five-Year Progress
states to submit periodic reports Report SIP submittal as meeting the
describing progress toward reasonable Chicago, Illinois 60604, (312) 886–3901,
Becker.Michelle@epa.gov. requirements of 40 CFR 51.308(g) and
progress goals (RPGs) established for (h).
regional haze and a determination of the SUPPLEMENTARY INFORMATION:
adequacy of the state’s existing regional Throughout this document whenever III. Statutory and Executive Order
haze SIP. Indiana’s progress report notes ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Reviews
that Indiana has implemented the EPA. This supplementary information
section is arranged as follows: Under the CAA, the Administrator is
measures in the regional haze SIP due required to approve a SIP submission
to be in place by the date of the progress I. Background that complies with the provisions of the
report and that Federal Class I areas II. What action is EPA taking?
CAA and applicable Federal regulations.
affected by emissions from Indiana are III. Statutory and Executive Order Reviews
42 U.S.C. 7410(k); 40 CFR 52.02(a).
meeting or exceeding the RPGs for 2018. I. Background Thus, in reviewing SIP submissions,
Indiana also determined that the state’s EPA’s role is to approve state choices,
States are required to submit a
regional haze SIP is adequate to meet provided that they meet the criteria of
progress report in the form of a SIP
these reasonable progress goals for the revision every five years that evaluates the CAA. Accordingly, this action
first implementation period and progress towards the RPGs for each merely approves state law as meeting
requires no substantive revision at this mandatory Class I Federal area within Federal requirements and does not
time. the state and in each mandatory Class I impose additional requirements beyond
DATES: This final rule is effective on Federal area outside the state which those imposed by state law. For that
sradovich on DSK3GMQ082PROD with RULES

March 5, 2018. may be affected by emissions from reason, this action:
ADDRESSES: EPA has established a within the state. See 40 CFR 51.308(g). • Is not a significant regulatory action
docket for this action under Docket ID In addition, the provisions under 40 subject to review by the Office of
No. EPA–R05–OAR–2016–0211. All CFR 51.308(h) require states to submit, Management and Budget under
documents in the docket are listed on at the same time as the 40 CFR 51.308(g) Executive Orders 12866 (58 FR 51735,
the www.regulations.gov website. progress report, a determination of the October 4, 1993) and 13563 (76 FR 3821,
Although listed in the index, some adequacy of the state’s existing regional January 21, 2011);

VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\02FER1.SGM 02FER1

$4848 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations • Is not an Executive Order 13771 (82 methods, under Executive Order 12898 judicial review nor does it extend the FR 9339, February 2, 2017) regulatory (59 FR 7629, February 16, 1994). time within which a petition for judicial action because SIP approvals are In addition, the SIP is not approved review may be filed, and shall not exempted under Executive Order 12866; to apply on any Indian reservation land postpone the effectiveness of such rule • Does not impose an information or in any other area where EPA or an or action. This action may not be collection burden under the provisions Indian tribe has demonstrated that a challenged later in proceedings to of the Paperwork Reduction Act (44 tribe has jurisdiction. In those areas of enforce its requirements. (See section U.S.C. 3501 et seq.); Indian country, the rule does not have 307(b)(2)). • Is certified as not having a tribal implications and will not impose substantial direct costs on tribal List of Subjects in 40 CFR Part 52 significant economic impact on a substantial number of small entities governments or preempt tribal law as Environmental protection, Air under the Regulatory Flexibility Act (5 specified by Executive Order 13175 (65 pollution control, Carbon monoxide, U.S.C. 601 et seq.); FR 67249, November 9, 2000). Incorporation by reference, • Does not contain any unfunded The Congressional Review Act, 5 Intergovernmental relations, Lead, mandate or significantly or uniquely U.S.C. 801 et seq., as added by the Small Nitrogen dioxide, Ozone, Particulate affect small governments, as described Business Regulatory Enforcement matter, Reporting and recordkeeping in the Unfunded Mandates Reform Act Fairness Act of 1996, generally provides requirements, Sulfur oxides, Volatile of 1995 (Pub. L. 104–4); that before a rule may take effect, the organic compounds. agency promulgating the rule must • Does not have Federalism Dated: January 23, 2018. submit a rule report, which includes a implications as specified in Executive Cathy Stepp, copy of the rule, to each House of the Order 13132 (64 FR 43255, August 10, Regional Administrator, Region 5. Congress and to the Comptroller General 1999); of the United States. EPA will submit a • Is not an economically significant 40 CFR part 52 is amended as follows: report containing this action and other regulatory action based on health or required information to the U.S. Senate, PART 52—APPROVAL AND safety risks subject to Executive Order the U.S. House of Representatives, and PROMULGATION OF 13045 (62 FR 19885, April 23, 1997); the Comptroller General of the United IMPLEMENTATION PLANS • Is not a significant regulatory action States prior to publication of the rule in subject to Executive Order 13211 (66 FR the Federal Register. A major rule ■ 1. The authority citation for part 52 28355, May 22, 2001); cannot take effect until 60 days after it continues to read as follows: • Is not subject to requirements of is published in the Federal Register. Authority: 42 U.S.C. 7401 et seq. section 12(d) of the National This action is not a ‘‘major rule’’ as Technology Transfer and Advancement defined by 5 U.S.C. 804(2). ■ 2. In § 52.770, the table in paragraph Act of 1995 (15 U.S.C. 272 note) because Under section 307(b)(1) of the CAA, (e) is amended by adding the entry application of those requirements would petitions for judicial review of this ‘‘Regional Haze Five-Year Progress be inconsistent with the CAA; and action must be filed in the United States Report’’ in alphabetical order to read as • Does not provide EPA with the Court of Appeals for the appropriate follows: discretionary authority to address, as circuit by April 3, 2018. Filing a petition appropriate, disproportionate human for reconsideration by the Administrator § 52.770 Identification of plan. health or environmental effects, using of this final rule does not affect the * * * * * practicable and legally permissible finality of this action for the purposes of (e) * * * EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS Title Indiana date EPA approval Explanation * * * * * * * Regional Haze Five-Year Progress Report 3/30/2016 2/2/2018, [insert Federal Register cita- tion]. * * * * * * * [FR Doc. 2018–02053 Filed 2–1–18; 8:45 am] BILLING CODE 6560–50–P sradovich on DSK3GMQ082PROD with RULES VerDate Sep<11>2014 18:06 Feb 01, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\02FER1.SGM 02FER1$

Document Created: 2018-02-03 14:27:32
Document Modified: 2018-02-03 14:27:32

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		Michelle Becker, Life Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3901, [email protected]
FR Citation		83 FR 4847
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