
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16926-16927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06887]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0328; FRL-9960-78-Region 5]


Air Plan Approval; Indiana; Emissions Statements Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the emissions statements rule in the Indiana State 
Implementation Plan (SIP). These revisions extend Indiana's emissions 
statements regulations to Lawrenceburg Township, Dearborn County, in 
order to comply with Clean Air Act (CAA) requirements for the 2008 
ozone National Ambient Air Quality Standards (NAAQS). These revisions 
also include minor formatting changes. The Indiana Department of 
Environmental Management (IDEM) submitted these revisions to EPA on 
November 18, 2016. EPA proposed to approve them on December 27, 2016, 
and received one public comment in response, which expressed support 
for EPA's action.

DATES: This final rule is effective on May 8, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0328. All documents in the docket are listed on 
the www.regulations.gov Web site. 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 being addressed in this document?
II. What comments did we receive on the proposed rule?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    In this rule, EPA takes final action on the submission from IDEM, 
dated November 18, 2016, requesting that EPA approve revisions to 326 
IAC 2-6 (``Emission Reporting'') into Indiana's SIP. Specifically, IDEM 
has requested that EPA approve into the SIP a change to the 
applicability section at 326 IAC 2-6-1 that extends the emissions 
statements rule to Lawrenceburg Township, Dearborn County. The revised 
rule also contains minor formatting changes that clarify references to 
related rules.
    IDEM made this submission to satisfy requirements under Section 
182(a)(3)(B) of the CAA, which mandates that each state submit a 
revision to its SIP to require that the owners or operators of 
applicable stationary sources of nitrogen oxides (NOX) or 
volatile organic compounds (VOCs) in ozone nonattainment areas provide 
annual emissions statements. This requirement applies in all ozone 
nonattainment areas to any source emitting at least 25 tons per year of 
VOCs or NOX. On May 21, 2012, EPA designated the portion of 
Dearborn County that is within Lawrenceburg Township as a nonattainment 
area for the 2008 ozone NAAQS (77 FR 30088). IDEM's submission 
addresses Indiana's obligation under Section 182(a)(3)(B) of the CAA to 
submit a SIP revision applying emissions statements requirements to 
Lawrenceburg Township. The background for today's action is discussed 
in more detail in EPA's proposal, dated December 27, 2016 (81 FR 
95080).

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period for the December 
27, 2016, proposed rule. The comment period ended on January 26, 2017. 
We received one comment on the proposed rule, which expressed support 
for these revisions. The commenter wrote that this rule ''strengthens 
policy that seeks to protect and maintain air quality under standards 
that are stringent and necessary for [maintaining] the health of the 
citizenry.''

III. What action is EPA taking?

    EPA is approving into Indiana's SIP the revisions to 326 IAC 2-6-1 
submitted to EPA on November 18, 2016.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Indiana 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference by 
the Director of the Federal Register in the next update to the SIP 
compilation.\1\ EPA has made, and will continue to make, these 
documents generally available through www.regulations.gov, and/or at 
the EPA Region 5 Office (please contact the person identified in the 
For Further Information Contact section of this preamble for more 
information).
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    \1\ 62 FR 27968 (May 22, 1997).
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V. 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);
     Does not impose an information collection burden under the 
provisions

[[Page 16927]]

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 June 6, 2017. 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 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 17, 2017.
Robert A. Kaplan,
Acting 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 (c) is amended by revising 
the entry for ``2-6-1'' to read as follows:


Sec.  52.770  Identification of plan.

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    (c) * * *

                                        EPA-Approved Indiana Regulations
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                                                         Indiana
   Indiana citation               Subject            effective date       EPA approval date          Comments
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                                         Article 2. Permit Review Rules
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                                           Rule 6. Emission Reporting
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2-6-1................  Applicability...............      11/20/2016  4/7/2017, [insert Federal    ..............
                                                                      Register citation].
 
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[FR Doc. 2017-06887 Filed 4-6-17; 8:45 am]
 BILLING CODE 6560-50-P


