[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Rules and Regulations]
[Pages 71306-71308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27544]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0267; FRL-10003-54-Region 5]


Air Plan Approval; Indiana; Limited Maintenance Plans for the 
1997 Ozone NAAQS; Evansville, Fort Wayne, Greene County, Jackson 
County, Muncie, and Terre Haute Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to Indiana's State Implementation Plan (SIP). The state 
submitted an update to its 1997 8-hour ozone National Ambient Air 
Quality Standard (NAAQS or standard) Limited Maintenance Plans (LMP) 
for the Evansville, Fort Wayne, Greene County, Jackson County, Muncie, 
and Terre Haute areas. The plans for these areas provide for the 
maintenance of the 1997 8-hour ozone NAAQS through the end of the 
second 10-year portion of the maintenance period. This action makes 
federally enforceable as part of the Indiana SIP certain commitments 
related to maintenance of the 1997 8-hour ozone NAAQS in these areas. 
EPA proposed to approve this submission on August 19, 2019.

DATES: This final rule is effective on January 27, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2019-0267. 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. We recommend 
that you telephone Michael Leslie, Environmental Engineer, at (312) 
353-6680 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-6680, leslie.michael@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever

[[Page 71307]]

``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary 
information section is arranged as follows:

I. What is being addressed by this document?
II. What comments did we receive on the proposed SIP revision?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed by this document?

    On April 25, 2019, Indiana submitted a request to update its 1997 
8-hour ozone NAAQS LMPs for the Evansville, Fort Wayne, Greene County, 
Jackson County, Muncie, and Terre Haute areas. These LMPs are designed 
to maintain the 1997 8-hour ozone NAAQS through the end of the second 
10-year period beyond redesignation.

II. What comments did we receive on the proposed SIP revision?

    On August 19, 2019, EPA proposed approval (84 FR 42876) of 
Indiana's LMPs. An explanation of the Clean Air Act (CAA) requirements, 
a detailed analysis of the revisions, and EPA's reasons for proposing 
approval were provided in the notice of proposed rulemaking (NPRM), and 
will not be restated here. The comment period closed on September 18, 
2019. EPA received one anonymous comment during the public comment 
period. This comment was not adverse and supports EPA's approval of 
Indiana's submittal.

III. What action is EPA taking?

    Under the CAA, EPA is finalizing approval of Indiana's 1997 8-hour 
ozone NAAQS LMPs for the following areas: Evansville, Fort Wayne, 
Greene County, Jackson County, Muncie, and Terre Haute, as proposed. 
These LMPs meet all applicable requirements under CAA sections 110 and 
175A.

IV. 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.);
     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 February 25, 2020. 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, Particulate 
matter, Sulfur oxides, Volatile organic compounds.

    Dated: December 9, 2019.
Cheryl L. Newton,
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 (e) is amended by:
0
a. Removing the entry for ``Evansville Hydrocarbon Control Strategy'' 
and adding in its place the entry ``Ozone (8-Hour, 1997): Evansville, 
IN (Vanderburgh and Warrick Counties)'';
0
b. Removing the entry for ``Fort Wayne Hydrocarbon Control Strategy'' 
and adding in its place the entry ``Ozone (8-Hour, 1997): Fort Wayne, 
IN (Allen County)'';
0
c. Removing the entry for ``Greene and Jackson Counties Hydrocarbon 
Control Strategy'' and adding in its place the entry ``Ozone (8-Hour, 
1997): Jackson Co., IN (Jackson County)'';
0
d. Removing the entry for ``Greene County 1997 8-hour ozone maintenance 
plan'' and adding in its place the entry ``Ozone (8-Hour, 1997): Greene 
Co., IN (Greene County)'';
0
e. Removing the entries for ``Muncie 1997 8-hour ozone maintenance 
plan'' and ``Muncie Hydrocarbon Control Strategy'' and adding in its 
place the

[[Page 71308]]

entry ``Ozone (8-Hour, 1997): Muncie, IN (Delaware County)''; and
0
f. Removing the entry for ``Terre Haute Hydrocarbon Control Strategy'' 
and adding in its place the entry ``Ozone (8-Hour, 1997): Terre Haute, 
IN (Vigo County)''.
    The revisions read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
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                  Title                    Indiana date          EPA approval                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Ozone (8-Hour, 1997): Evansville, IN           6/20/2019  12/27/2019, [insert         2nd limited maintenance
 (Vanderburgh and Warrick Counties).                       Federal Register            plan.
                                                           citation].
 
                                                  * * * * * * *
Ozone (8-Hour, 1997): Fort Wayne, IN           6/20/2019  12/27/2019, [insert         2nd limited maintenance
 (Allen County).                                           Federal Register            plan.
                                                           citation].
Ozone (8-Hour, 1997): Jackson Co., IN          6/20/2019  12/27/2019, [insert         2nd limited maintenance
 (Jackson County).                                         Federal Register            plan.
                                                           citation].
Ozone (8-Hour, 1997): Greene Co., IN           6/20/2019  12/27/2019, [insert         2nd limited maintenance
 (Greene County).                                          Federal Register            plan.
                                                           citation].
 
                                                  * * * * * * *
Ozone (8-Hour, 1997): Muncie, IN               6/20/2019  12/27/2019, [insert         2nd limited maintenance
 (Delaware County).                                        Federal Register            plan.
                                                           citation].
 
                                                  * * * * * * *
Ozone (8-Hour, 1997): Terre Haute, IN          6/20/2019  12/27/2019, [insert         2nd limited maintenance
 (Vigo County).                                            Federal Register            plan.
                                                           citation].
 
                                                  * * * * * * *
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[FR Doc. 2019-27544 Filed 12-26-19; 8:45 am]
 BILLING CODE 6560-50-P


