[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Rules and Regulations]
[Pages 23723-23724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10725]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0625; FRL-9994-10-Region 5]


Air Plan Approval; Indiana; Volatile Organic Liquid Storage Tank 
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Indiana Administrative Code (IAC) rule entitled 
``Volatile Organic Liquid Storage Vessels'' as part of Indiana's State 
Implementation Plan (SIP). This rule has been revised to: Allow sources 
to use an alternative inspection method to demonstrate compliance, 
address an inconsistency in the language regarding the calculation of 
maximum true vapor pressure, exempt sources complying with the National 
Emission Standards for Hazardous Air Pollutants requirements for 
storage tanks equipped with floating roofs, clarify language, update 
references, correct certain errors, and address standard language and 
style changes that have occurred over time since the rule was last 
revised. EPA proposed to approve this rule on March 8, 2019 and 
received no comments.

DATES: This final rule is effective June 24, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0625. All documents in the docket are listed in 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information 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 
http://www.regulations.gov or at the EPA Region 5 office (please 
contact the person identified in the For Further Information Contact 
section for availability information).

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, 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) 886-1767, 
dagostino.kathleen@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What is being addressed in this document?

    In this action, EPA is approving amended rule IAC 8-9 Volatile 
Organic Liquid Storage Vessels as a revision to the Indiana SIP. As 
discussed more fully in the March 8, 2019 proposed approval (84 FR 
8491), the Indiana Department of Environmental Management (IDEM) 
submitted this amended rule on August 20, 2018 and supplemented the 
submittal on September 28, 2018 with an email clarifying the 
interpretation of 326 IAC 8-9-6(i)(3). Specifically, the phrase ``For 
other liquids,'' at the beginning of 326 IAC 8-9-6(i)(3), was 
inadvertently retained. This phrase refers to former section 326 IAC 8-
9-6(i)(2) which has been deleted. IDEM clarified that this phrase will 
be ignored when interpreting and/or implementing 326 IAC 8-9-6(i).

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

    EPA provided a 30-day review and comment period for the March 8, 
2019, proposed rule. The comment period ended on April 8, 2019. We 
received no comments on EPA's proposed action.

III. What action is EPA taking?

    EPA is approving revisions to Indiana's SIP pursuant to section 110 
and part D of the Clean Air Act (CAA) because Indiana's August 20, 2018 
submission of rule 326 IAC 8-9, as supplemented on September 28, 2018, 
is consistent with the requirements of the CAA.

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. EPA has made, and will continue to make, these documents 
generally available through www.regulations.gov, and at the EPA Region 
5 Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information). 
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 in the next 
update to the SIP compilation.\1\
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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);
     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.);

[[Page 23724]]

     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 July 22, 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, Oxides of nitrogen, Ozone, 
Volatile organic compounds.

    Dated: May 14, 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 (c) is amended under 
``Article 8. Volatile Organic Compound Rules'', under ``Rule 9. 
Volatile Organic Liquid Storage Vessels:'' by revising the entries for 
``8-9-1,'' ``8-9-2,'' ``8-9-3,'' ``8-9-4,'' ``8-9-5'' and ``8-9-6,'' to 
read as follows:


Sec.  52.770   Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
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                                                       Indiana
      Indiana citation               Subject          effective      EPA approval date             Notes
                                                         date
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                                                  * * * * * * *
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                                      Article 8. Volatile Organic Compounds
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                                                  * * * * * * *
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                                Rule 9. Volatile Organic Liquid Storage Vessels:
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                                                  * * * * * * *
8-9-1......................  Applicability.........    7/16/2018  5/23/2019, [insert
                                                                   Federal Register
                                                                   citation].
8-9-2......................  Exemptions............    7/16/2018  5/23/2019, [insert
                                                                   Federal Register
                                                                   citation].
8-9-3......................  Definitions...........    7/16/2018  5/23/2019, [insert
                                                                   Federal Register
                                                                   citation].
8-9-4......................  Standards.............    7/16/2018  5/23/2019, [insert
                                                                   Federal Register
                                                                   citation].
8-9-5......................  Testing and procedures    7/16/2018  5/23/2019, [insert
                                                                   Federal Register
                                                                   citation].
8-9-6......................  Record keeping and        7/16/2018  5/23/2019, [insert      Includes supplemental
                              reporting                            Federal Register        information provided
                              requirements.                        citation].              on 9/28/2018.
 
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[FR Doc. 2019-10725 Filed 5-22-19; 8:45 am]
BILLING CODE 6560-50-P


