[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Rules and Regulations]
[Pages 53601-53602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21552]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0343; FRL-10000-66-Region 5]


Air Plan Approval; Indiana; Infrastructure SIP Requirements for 
the 2012 PM2.5 NAAQS; Interstate Transport

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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 annual fine particulate matter 
(PM2.5) National Ambient Air Quality Standard (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. This action 
pertains specifically to infrastructure requirements concerning 
interstate transport provisions. EPA did not receive any adverse 
comments in response to its July 30, 2019 proposal to approve this 
submission.

DATES: This final rule is effective on November 7, 2019.

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.

FOR FURTHER INFORMATION CONTACT: Samantha Panock, Environmental 
Scientist, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8973, 
panock.samantha@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 for this action?
II. What comments did we receive on the proposed action?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    On June 10, 2016, the Indiana Department of Environmental 
Management (IDEM) submitted a request for EPA to approve its 
infrastructure SIP for the 2012 annual PM2.5 NAAQS. The June 
10, 2016 IDEM submittal included a technical analysis of its interstate 
transport of pollution relative to the 2012 PM2.5 NAAQS that 
demonstrates that current controls are adequate for Indiana to show 
that it meets prongs one and two of the ``good neighbor'' provision \1\ 
under CAA section 110(a)(2)(D)(i). On July 30, 2019 (84 FR 36848), EPA 
proposed to approve the portion of the submission dealing with those 
requirements.
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    \1\ There are four prongs to the Section 110(a)(2)(D)(i) ``good 
neighbor'' provision, which are: Prohibit any source or other type 
of emissions activity in one state from contributing significantly 
to nonattainment of the NAAQS in another state (prong one); prohibit 
any source or other type of emissions activity in one state from 
interfering with maintenance of the NAAQS in another state (prong 
two); prohibit any source or other type of emissions activity in one 
state from interfering with measures required to prevent significant 
deterioration (PSD) of air quality in another state (prong three); 
and protect visibility in another state (prong four).
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II. What comments did we receive on the proposed action?

    Our July 30, 2019 proposed rule provided a 30-day review and 
comment period. The comment period closed on August 29, 2019. EPA did 
not receive any comments.

III. What action is EPA taking?

    In this action, EPA is approving the portion of Indiana's June 10, 
2016, submission certifying that the current Indiana SIP is sufficient 
to meet the required infrastructure requirements under CAA section 
110(a)(2)(D)(i), specifically prongs one and two of the ``good 
neighbor'' provisions, with respect to the 2012 PM2.5 NAAQS.

VI. Statutory and Executive Order Reviews

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

[[Page 53602]]

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 (Public Law 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 December 9, 2019. 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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: September 19, 2019.
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 revising 
the entry for ``Section 110(a)(2) infrastructure requirements for the 
2012 PM2.5 NAAQS'' to read as follows:


Sec.  52.770  Identification of plan.

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    (e) * * *

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
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               Title                      Indiana date            EPA approval               Explanation
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                                                  * * * * * * *
Section 110(a)(2) infrastructure     6/10/2016 and 12/28/    10/8/2019, [Insert      Fully approved for all CAA
 requirements for the 2012 PM2.5      2016.                   Federal Register        elements except the
 NAAQS.                                                       citation].              visibility protection
                                                                                      requirements of
                                                                                      (D)(i)(II).
 
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[FR Doc. 2019-21552 Filed 10-7-19; 8:45 am]
 BILLING CODE 6560-50-P


