[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Rules and Regulations]
[Pages 68049-68050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26686]



[[Page 68049]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0377; FRL-10002-93-Region 5]


Air Plan Approval; Indiana; Second Maintenance Plan for 1997 
Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Clean Air Act (CAA), the Environmental 
Protection Agency (EPA) is approving as a revision to the Indiana State 
Implementation Plan (SIP), the State's plan for maintaining the 1997 
ozone National Ambient Air Quality Standards (NAAQS) through the end of 
the second 10-year maintenance period. On June 20, 2019, the Indiana 
Department of Environmental Management submitted the State's plan for 
maintaining the 1997 ozone NAAQS for the Indianapolis, La Porte County, 
and South Bend-Elkhart areas and the Indiana portions of the Chicago-
Gary-Lake County, IL-IN (Chicago), Cincinnati-Hamilton, OH-KY-IN 
(Cincinnati), and Louisville, KY-IN (Louisville) multi-state areas. EPA 
proposed to approve the submission on September 25, 2019, and received 
no comments. This action makes certain commitments related to 
maintenance of the 1997 ozone NAAQS in these areas federally 
enforceable as part of the Indiana SIP.

DATES: This final rule is effective on January 13, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2019-0377. 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 Charles Hatten, Environmental Engineer, at (312) 
886-6031 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, hatten.charles@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we'', 
``us'', and ``our'' refer to the EPA.

I. What is being addressed in this document?

    This rule approves Indiana's June 20, 2019 submission to provide 
for maintenance of the 1997 ozone NAAQS for the Indianapolis, La Porte 
County, and South Bend-Elkhart areas and the Indiana portions of the 
Chicago, Cincinnati, and Louisville areas through the end of the second 
10-year maintenance period. The background for this action is discussed 
in detail in EPA's notice of proposed rulemaking (NPRM), dated 
September 25, 2019 (84 FR 50354).

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

    In the NPRM, EPA provided a 30-day review and comment period for 
the proposed rule. The comment period ended on October 25, 2019. We 
received no comments on the proposed rule.

III. What action is EPA taking?

    EPA is approving, as a revision to the Indiana SIP, the State's 
plan for maintaining the 1997 ozone NAAQS for the Indianapolis, La 
Porte County, and South Bend-Elkhart areas and the Indiana portions of 
the Chicago, Cincinnati, and Louisville areas through the end of the 
second 10-year maintenance period.

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 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 it is not a significant regulatory 
action 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 disproportionate human health or environmental effects with 
practical, appropriate, 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Volatile organic compounds.

    Dated: November 25, 2019.
Cathy Stepp,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

[[Page 68050]]

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 ``Cincinnati-Hamilton, OH-KY-IN 1997 8-hour 
ozone maintenance plan'' and adding in its place the entry ``Ozone (8-
Hour, 1997): Cincinnati-Hamilton, OH-KY-IN (Dearborn County (part))'';
0
b. Removing the entry for ``Indianapolis Hydrocarbon Control Strategy'' 
and adding in its place the entry ``Ozone (8-Hour, 1997): Indianapolis, 
IN (Boone, Hamilton, Hancock, Hendricks, Johnson, Madison, Marion, 
Morgan, and Shelby Counties)'';
0
c. Removing the entry for ``Lake and Porter Counties 1997 8-hour ozone 
maintenance plan'' and adding in its place the entry ``Ozone (8-Hour, 
1997): Chicago-Gary-Lake County, IL-IN (Lake and Porter Counties)'';
0
d. Removing the entry for ``LaPorte Hydrocarbon Control Strategy'' and 
adding in its place the entry ``Ozone (8-Hour, 1997): LaPorte CO., IN 
(LaPorte County)'';
0
e. Removing the two entries for ``Louisville Hydrocarbon Control 
Strategy'' and adding in their place the entry ``Ozone (8-Hour, 1997): 
Louisville, KY-IN (Clark and Floyd Counties)''; and
0
f. Removing the entries for ``South Bend-Elkhart 1997 8-hour ozone 
maintenance plan'' and ``South Bend-Elkhart Hydrocarbon Control 
Strategy'' and adding in their place the entry ``Ozone (8-Hour, 1997): 
South Bend-Elkhart, IN (Elkhart and St. Joseph Counties)''.
    The additions 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): Cincinnati-              6/20/2019  12/13/2019, [insert         2nd maintenance plan.
 Hamilton, OH-KY-IN (Dearborn County                       Federal Register
 (part)).                                                  citation].
 
                                                  * * * * * * *
Ozone (8-Hour, 1997): Indianapolis, IN         6/20/2019  12/13/2019, [insert         2nd maintenance plan.
 (Boone, Hamilton, Hancock, Hendricks,                     Federal Register
 Johnson, Madison, Marion, Morgan, and                     citation].
 Shelby Counties).
 
                                                  * * * * * * *
Ozone (8-Hour, 1997): Chicago-Gary-Lake        6/20/2019  12/13/2019, [insert         2nd maintenance plan.
 County, IL-IN (Lake and Porter                            Federal Register
 Counties).                                                citation].
 
                                                  * * * * * * *
Ozone (8-Hour, 1997): LaPorte CO., IN          6/20/2019  12/13/2019, [insert         2nd maintenance plan.
 (LaPorte County).                                         Federal Register
                                                           citation].
 
                                                  * * * * * * *
Ozone (8-Hour, 1997): Louisville, KY-IN        6/20/2019  12/13/2019, [insert         2nd maintenance plan.
 (Clark and Floyd Counties).                               Federal Register
                                                           citation].
 
                                                  * * * * * * *
Ozone (8-Hour, 1997): South Bend-              6/20/2019  12/13/2019, [insert         2nd maintenance plan.
 Elkhart, IN (Elkhart and St. Joseph                       Federal Register
 Counties).                                                citation].
 
                                                  * * * * * * *
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[FR Doc. 2019-26686 Filed 12-12-19; 8:45 am]
 BILLING CODE 6560-50-P


