83 FR 8610 - Air Plan Approval; Indiana; Indiana NSR/PSD; Indiana PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 40 (February 28, 2018)
Federal Register Volume 83, Issue 40 (February 28, 2018)
| Page Range | 8610-8612 | |
| FR Document | 2018-03993 |
[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)] [Rules and Regulations] [Pages 8610-8612] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03993] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2009-0805; EPA-R05-OAR-2012-0567; FRL-9974-88--Region 5] Air Plan Approval; Indiana; Indiana NSR/PSD; Indiana PM2.5 NSR; Correction AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; correcting amendment. ----------------------------------------------------------------------- SUMMARY: This action corrects codification errors for New Source Review (NSR) and Prevention of Significant Deterioration (PSD) rules in the Indiana State Implementation Plan (SIP). DATES: This final rule is effective on February 28, 2018. FOR FURTHER INFORMATION CONTACT: Paymon Danesh, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6219, [email protected]. SUPPLEMENTARY INFORMATION: On two separate occasions, the Environmental Protection Agency (EPA) made inadvertent codification errors when it approved revisions to Indiana's SIP. The first of these took place on October 29, 2012 (77 FR 65478). At that time, EPA approved revisions to Indiana's infrastructure SIP at 326 IAC 2-2-1 and 326 IAC 2-2-4, and amended the list of EPA-approved Indiana regulations at 40 CFR 52.770(c). In the final rule published in the Federal Register on October 29, 2012 (77 FR 65478), on page 65487, EPA mistakenly replaced a September 28, 2011 approval (76 FR 59899) of those Indiana SIP rules in their entirety, instead of adding new entries to the table in 40 CFR 52.770(c) to identify the approval of the updated portions of the rules. Furthermore, this updated portion of 326 IAC 2-2-4 was incorrectly cited at 40 CFR 52.770(c) as 326 IAC 2-2-4(b)(2)(vi), rather than 326 IAC 2-2-4(b)(2)(A)(vi). The second action took place on July 2, 2014 (79 FR 37646). At that time, EPA approved revisions to Indiana's NSR and PSD regulations at 326 IAC 2-2-1 and 326 IAC 2-2-4 and amended the list of EPA approved Indiana regulations at 40 CFR 52.770(c). In the final rule published in the Federal Register on July 2, 2014 (79 FR 37646), on page 37649, EPA mistakenly perpetuated the error that originated in the October 29, 2012 approval (77 FR 65478): It omitted the previous September 28, 2011 approval (76 FR 59899) of those Indiana SIP rules in their entirety. EPA also did not change the incorrect citation of 326 IAC 2-2- 4(b)(2)(A)(vi), as was stated in the Preamble. Furthermore, also on July 2, 2014 (79 FR 37646), EPA approved revisions to the Indiana SIP regarding Indiana's opacity rule at 326 IAC 5-1-5(b). On page 37649, EPA made a codification error at 40 CFR 52.770(c) in which the list of remaining approved portions of 326 IAC 5-1-5(b) from a previous November 8, 1998 rulemaking (67 FR 46589) were not updated. This action amends the regulatory text to correct these errors. Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. We have determined that there is good cause for making today's rule final without prior proposal and opportunity for comment because we are merely correcting incorrect citations in previous actions. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B). [[Page 8611]] Statutory and Executive Order Reviews Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and is therefore not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to E.O. 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action is not an E.O. 13771 (82 FR 9339, February 2, 2017) regulatory action because this action is not significant under E.O. 12866. Because the agency has made a ``good cause'' finding that this action is not subject to notice-and-comment requirements under the Administrative Procedures Act or any other statute as indicated in the Supplementary Information section above, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. 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 E.O. 13175 (65 FR 67249, November 9, 2000). This rule will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of governments, as specified by E.O. 13132 (64 FR 43255, August 10, 1999). This rule also is not subject to E.O. 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. This technical correction action does not involve technical standards; thus the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. The rule also does not involve special consideration of environmental justice related issues as required by E.O. 12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct, as required by section 3 of E.O. 12988 (61 FR 4729, February 7, 1996). EPA has complied with E.O. 12630 (53 FR 8859, March 15, 1998) by examining the takings implications of the rule in accordance with the ``Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued under the executive order. This rule does not impose an information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement. 5 U.S.C. 808(2). As stated previously, EPA had made such a good cause finding, including the reasons therefore, and established an effective date of February 28, 2018. EPA will submit a report containing this rule 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. This correction to 40 CFR 52 for Indiana is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: February 14, 2018. Cathy Stepp, Regional Administrator, Region 5. Accordingly, 40 CFR part 52 is corrected by making the following correcting amendments: 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: 0 a. Under ``Article 2. Permit Review Rules'', ``Rule 2. Prevention of Significant Deterioration Requirements'', revising the entries for 2-2- 1 ``Definitions'' and 2-2-4 ``Air quality analysis; requirements''; and 0 b. Under ``Article 5. Opacity Regulations'', ``Rule 1. Opacity Limitations'', revising the entries for 5-1-5 ``Violations''. The revisions read as follows: Sec. 52.770 Identification of plan. * * * * * (c) * * * EPA-Approved Indiana Regulations ---------------------------------------------------------------------------------------------------------------- Indiana Indiana citation Subject effective date EPA approval date Notes ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Article 2. Permit Review Rules ---------------------------------------------------------------------------------------------------------------- [[Page 8612]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- Rule 2. Prevention of Significant Deterioration (PSD) Requirements ---------------------------------------------------------------------------------------------------------------- 2-2-1............. Definitions............ 3/16/2011 9/28/2011, 76 FR 59899 (a) through (e), (f)(2) through (f)(3), (g) through (cc), (dd)(2) through (dd)(3), (ee)(1) through (ee)(2), (ff)(1) through (ff)(6), (gg)(1)(A) through (gg)(1)(B), (gg)(2) through (gg)(3), (hh) through (rr), (ss)(2) through (ss)(6), (tt) through (vv), (ww)(1)(A) through (ww)(1)(E), (ww)(1)(G) through (ww)(1)(W), (ww)(2), (xx) through (aaa). 2-2-1............. Definitions............ 7/11/2012 10/29/2012, 77 FR (dd)(1), (ff)(7), (ss)(1), 65478. (ww)(1)(F) and (ww)(1)(G) only. 2-2-1............. Definitions............ 7/11/2012 7/2/2014, 79 FR 37646. (f)(1), (ee)(3), and (gg)(1)(C) only. * * * * * * * 2-2-4............. Air quality analysis; 3/16/2011 9/28/2011, 76 FR 59899 (a), (b)(1), (b)(2)(A)(i) requirements. through (b)(2)(A)(iv), (b)(2)(A)(vi) through (b)(2)(A)(xiii), (b)(2)(B), (b)(3), (c)(1) through (c)(3), (c)(5) through (c)(7). 2-2-4............. Air quality analysis; 7/11/2012 10/29/2012, 77 FR (b)(2)(A)(vi) only. requirements. 65478. 2-2-4............. Air quality analysis; 7/11/2012 7/2/2014, 79 FR 37646. (c)(4) only. requirements. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Article 5. Opacity Regulations ---------------------------------------------------------------------------------------------------------------- Rule 1. Opacity Limitations ---------------------------------------------------------------------------------------------------------------- * * * * * * * 5-1-5............. Violations............. 6/11/1993 6/15/1995, 60 FR 31412 (a) and (c). 5-1-5............. Violations............. 11/8/1998 7/16/2002, 67 FR 46589 (b)(1)(A) through (b)(1)(D), (b)(1)(F) through (b)(1)(I), (b)(2) through (b)(11). 5-1-5............. Violations............. 7/11/2012 7/2/2014, 79 FR 37646. (b)(1)(E) only. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-03993 Filed 2-27-18; 8:45 am] BILLING CODE 6560-50-P
![8610 Federal Register / Vol. 83, No. 40 / Wednesday, February 28, 2018 / Rules and Regulations
have evaluated this rule under the of the methods listed in the ADDRESSES approved revisions to Indiana’s SIP. The
Department’s consultation policy and section. To better help us revise the first of these took place on October 29,
have identified substantial direct effects rule, your comments should be as 2012 (77 FR 65478). At that time, EPA
on federally recognized Indian Tribes specific as possible. For example, you approved revisions to Indiana’s
that will result from this rule. This rule should tell us the numbers of the infrastructure SIP at 326 IAC 2–2–1 and
will relieve a regulatory burden from sections or paragraphs that you find 326 IAC 2–2–4, and amended the list of
Tribes and allow time for consultation unclear, which sections or sentences are EPA-approved Indiana regulations at 40
on an appropriate replacement or too long, the sections where you think CFR 52.770(c). In the final rule
deletion of regulatory requirements. lists or tables would be useful, etc. published in the Federal Register on
I. Paperwork Reduction Act M. E.O. 13771: Reducing Regulation and October 29, 2012 (77 FR 65478), on page
Controlling Regulatory Costs 65487, EPA mistakenly replaced a
This rule contains information September 28, 2011 approval (76 FR
collection requirements, and the Office This rule is not an E.O. 13771 59899) of those Indiana SIP rules in
of Management and Budget (OMB) has regulatory action because this rule is not their entirety, instead of adding new
approved the information collections significant under E.O. 12866. entries to the table in 40 CFR 52.770(c)
under the Paperwork Reduction Act to identify the approval of the updated
List of Subjects in 25 CFR Part 170
(PRA) under OMB Control Number portions of the rules. Furthermore, this
1076–0161, which expires December 31, Highways and roads, Indians—lands.
updated portion of 326 IAC 2–2–4 was
2019. Please note that an agency may ■ For the reasons stated in the preamble,
incorrectly cited at 40 CFR 52.770(c) as
not sponsor or request, and an the interim final rule amending 25 CFR 326 IAC 2–2–4(b)(2)(vi), rather than 326
individual need not respond to, a part 170 which was published at 82 FR IAC 2–2–4(b)(2)(A)(vi).
collection of information unless it 50312 on October 31, 2017, is adopted
displays a valid OMB Control Number. as final without change. The second action took place on July
2, 2014 (79 FR 37646). At that time, EPA
J. National Environmental Policy Act Dated: January 26, 2018.
approved revisions to Indiana’s NSR
John Tahsuda, and PSD regulations at 326 IAC 2–2–1
This rule does not constitute a major
Principal Deputy Assistant Secretary—Indian and 326 IAC 2–2–4 and amended the
Federal action significantly affecting the Affairs, exercising the authority of the
quality of the human environment. A list of EPA approved Indiana regulations
Assistant Secretary—Indian Affairs.
detailed statement under the National at 40 CFR 52.770(c). In the final rule
[FR Doc. 2018–04103 Filed 2–27–18; 8:45 am]
Environmental Policy Act of 1969 published in the Federal Register on
BILLING CODE 4337–15–P
(‘‘NEPA’’, 42 U.S.C. 4321 et seq.) is not July 2, 2014 (79 FR 37646), on page
required because the rule is covered by 37649, EPA mistakenly perpetuated the
a categorical exclusion. This rule is error that originated in the October 29,
excluded from the requirement to ENVIRONMENTAL PROTECTION 2012 approval (77 FR 65478): It omitted
prepare a detailed statement because it AGENCY the previous September 28, 2011
is a regulation of an administrative approval (76 FR 59899) of those Indiana
40 CFR Part 52
nature. (For further information, see 43 SIP rules in their entirety. EPA also did
CFR 46.210(i)) We have also determined [EPA–R05–OAR–2009–0805; EPA–R05– not change the incorrect citation of 326
that the rule does not involve any of the OAR–2012–0567; FRL–9974–88—Region 5] IAC 2–2–4(b)(2)(A)(vi), as was stated in
extraordinary circumstances listed in 43 the Preamble. Furthermore, also on July
CFR 46.215 that would require further Air Plan Approval; Indiana; Indiana 2, 2014 (79 FR 37646), EPA approved
analysis under NEPA. NSR/PSD; Indiana PM2.5 NSR; revisions to the Indiana SIP regarding
Correction Indiana’s opacity rule at 326 IAC 5–1–
K. Effects on the Energy Supply (E.O.
AGENCY: Environmental Protection 5(b). On page 37649, EPA made a
13211)
Agency (EPA). codification error at 40 CFR 52.770(c) in
This rulemaking is not a significant ACTION: Final rule; correcting which the list of remaining approved
energy action under the definition in amendment. portions of 326 IAC 5–1–5(b) from a
E.O. 13211. A Statement of Energy previous November 8, 1998 rulemaking
Effects is not required. SUMMARY: This action corrects (67 FR 46589) were not updated.
codification errors for New Source
L. Clarity of This Regulation This action amends the regulatory text
Review (NSR) and Prevention of
We are required by Executive Orders to correct these errors. Section 553 of
Significant Deterioration (PSD) rules in
12866 (section 1(b)(12)), and 12988 the Administrative Procedure Act, 5
the Indiana State Implementation Plan
(section 3(b)(1)(B)), and 13563 (section U.S.C. 553(b)(B), provides that, when an
(SIP).
1(a)), and by the Presidential agency for good cause finds that notice
DATES: This final rule is effective on and public procedure are impracticable,
Memorandum of June 1, 1998, to write
February 28, 2018. unnecessary or contrary to the public
all rules in plain language. This means
that each rule we publish must: FOR FURTHER INFORMATION CONTACT: interest, the agency may issue a rule
(a) Be logically organized; Paymon Danesh, Environmental without providing notice and an
(b) Use the active voice to address Engineer, Air Permits Section, Air opportunity for public comment. We
readers directly; Programs Branch (AR–18J), have determined that there is good
(c) Use common, everyday words and Environmental Protection Agency, cause for making today’s rule final
sradovich on DSK3GMQ082PROD with RULES
clear language rather than jargon; Region 5, 77 West Jackson Boulevard, without prior proposal and opportunity
(d) Be divided into short sections and Chicago, Illinois 60604, (312) 886–6219, for comment because we are merely
sentences; and danesh.paymon@epa.gov. correcting incorrect citations in
(e) Use lists and tables wherever SUPPLEMENTARY INFORMATION: On two previous actions. Thus, notice and
possible. separate occasions, the Environmental public procedure are unnecessary. We
If you feel that we have not met these Protection Agency (EPA) made find that this constitutes good cause
requirements, send us comments by one inadvertent codification errors when it under 5 U.S.C. 553(b)(B).
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![8612 Federal Register / Vol. 83, No. 40 / Wednesday, February 28, 2018 / Rules and Regulations
EPA-APPROVED INDIANA REGULATIONS—Continued
Indiana
Indiana Subject effective EPA approval date Notes
citation date
* * * * * * *
Rule 2. Prevention of Significant Deterioration (PSD) Requirements
2–2–1 .. Definitions ........................... 3/16/2011 9/28/2011, 76 FR 59899 .... (a) through (e), (f)(2) through (f)(3), (g) through (cc),
(dd)(2) through (dd)(3), (ee)(1) through (ee)(2), (ff)(1)
through (ff)(6), (gg)(1)(A) through (gg)(1)(B), (gg)(2)
through (gg)(3), (hh) through (rr), (ss)(2) through
(ss)(6), (tt) through (vv), (ww)(1)(A) through
(ww)(1)(E), (ww)(1)(G) through (ww)(1)(W), (ww)(2),
(xx) through (aaa).
2–2–1 .. Definitions ........................... 7/11/2012 10/29/2012, 77 FR 65478 .. (dd)(1), (ff)(7), (ss)(1), (ww)(1)(F) and (ww)(1)(G) only.
2–2–1 .. Definitions ........................... 7/11/2012 7/2/2014, 79 FR 37646 ...... (f)(1), (ee)(3), and (gg)(1)(C) only.
* * * * * * *
2–2–4 .. Air quality analysis; require- 3/16/2011 9/28/2011, 76 FR 59899 .... (a), (b)(1), (b)(2)(A)(i) through (b)(2)(A)(iv), (b)(2)(A)(vi)
ments. through (b)(2)(A)(xiii), (b)(2)(B), (b)(3), (c)(1) through
(c)(3), (c)(5) through (c)(7).
2–2–4 .. Air quality analysis; require- 7/11/2012 10/29/2012, 77 FR 65478 .. (b)(2)(A)(vi) only.
ments.
2–2–4 .. Air quality analysis; require- 7/11/2012 7/2/2014, 79 FR 37646 ...... (c)(4) only.
ments.
* * * * * * *
Article 5. Opacity Regulations
Rule 1. Opacity Limitations
* * * * * * *
5–1–5 .. Violations ............................ 6/11/1993 6/15/1995, 60 FR 31412 .... (a) and (c).
5–1–5 .. Violations ............................ 11/8/1998 7/16/2002, 67 FR 46589 .... (b)(1)(A) through (b)(1)(D), (b)(1)(F) through (b)(1)(I),
(b)(2) through (b)(11).
5–1–5 .. Violations ............................ 7/11/2012 7/2/2014, 79 FR 37646 ...... (b)(1)(E) only.
* * * * * * *
* * * * * combusting coal; allow other subject Certain other material, such as
[FR Doc. 2018–03993 Filed 2–27–18; 8:45 am] EGUs to cease combusting coal as an copyrighted material, is not placed on
BILLING CODE 6560–50–P alternative means of compliance with the internet and will be publicly
mercury emission standards; allows the available only in hard copy form.
transfer of an existing sulfur dioxide Publicly available docket materials are
ENVIRONMENTAL PROTECTION (SO2) control technology requirement available either through
AGENCY exemption from Joliet 6 EGU to Will www.regulations.gov or at the
County 4 EGU; require all subject EGUs Environmental Protection Agency,
40 CFR Part 52 to comply with a group annual nitrogen Region 5, Air and Radiation Division, 77
[EPA–R05–OAR–2016–0397; FRL–9974– oxide (NOX) emission rate; and require West Jackson Boulevard, Chicago,
87—Region 5] only those subject EGUs that combust Illinois 60604. This facility is open from
coal to comply with a group annual SO2 8:30 a.m. to 4:30 p.m., Monday through
Air Plan Approval; Illinois; Rule Part emission rate. EPA proposed this action Friday, excluding Federal holidays. We
225, Control of Emissions From Large on August 31, 2017, and received two recommend that you telephone Charles
Combustion Sources public comments in response. Hatten, Environmental Engineer, (312)
DATES: This final rule is effective on 886–6031 before visiting the Region 5
AGENCY: Environmental Protection office.
Agency (EPA). March 30, 2018.
ADDRESSES: EPA has established a FOR FURTHER INFORMATION CONTACT:
ACTION: Final rule.
docket for this action under Docket ID Charles Hatten, Environmental
SUMMARY: The Environmental Protection No. EPA–R05–OAR–2016–0397. All Engineer, Control Strategy Section, Air
sradovich on DSK3GMQ082PROD with RULES
Agency (EPA) is approving a revision to documents in the docket are listed on Programs Branch (AR–18J),
the Illinois state implementation plan the www.regulations.gov website. Environmental Protection Agency,
(SIP) to amend requirements applicable Although listed in the index, some Region 5, 77 West Jackson Boulevard,
to certain coal-fired electric generating information is not publicly available, Chicago, Illinois 60604, (312) 886–6031,
units (EGUs). These amendments i.e., Confidential Business Information hatten.charles@epa.gov.
require the Will County 3 and Joliet 6, (CBI) or other information whose SUPPLEMENTARY INFORMATION:
7, and 8 EGUs to permanently cease disclosure is restricted by statute. Throughout this document whenever
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Document Created: 2018-02-28 03:19:47
Document Modified: 2018-02-28 03:19:47
| 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; correcting amendment. | |
| Dates | This final rule is effective on February 28, 2018. | |
| Contact | Paymon Danesh, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6219, [email protected] | |
| FR Citation | 83 FR 8610 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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