[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)]
[Rules and Regulations]
[Pages 8610-8612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03993]


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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.

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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
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                                                 Indiana
 Indiana citation           Subject          effective date     EPA approval date               Notes
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                                                  * * * * * * *
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                                         Article 2. Permit Review Rules
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[[Page 8612]]

 
                                                  * * * * * * *
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                       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.
 
                                                  * * * * * * *
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                                         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.
 
                                                  * * * * * * *
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[FR Doc. 2018-03993 Filed 2-27-18; 8:45 am]
 BILLING CODE 6560-50-P


