[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Rules and Regulations]
[Pages 36751-36752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16247]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0535; FRL-9981-46--Region 5]


Air Plan Approval; Indiana; Air Quality Standards Update for the 
2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
September 7, 2017, request by the Indiana Department of Environmental 
Management (IDEM) to revise the Indiana state implementation plan (SIP) 
for ozone. IDEM revised its ozone standard in order to be consistent 
with EPA's 2015 revisions to the 8-hour national ambient air quality 
standards (NAAQS). IDEM also revised references to the monitoring test 
methods in its rules to be consistent with the current EPA test 
methods. EPA is also approving administrative revisions to regulations 
addressing other ambient air quality standards.

DATES: This final rule is effective on August 30, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0535. 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 Matt Rau, Environmental Engineer, at (312) 886-6524 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, <a href="/cdn-cgi/l/email-protection#285a495d0645495c5c404d5f684d5849064f475e"><span class="__cf_email__" data-cfemail="6e1c0f1b40030f1a1a060b192e0b1e0f40090118">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Background
II. Public Comment
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On October 26, 2015 (80 FR 65291), EPA revised the primary and 
secondary ozone NAAQS from 0.075 to 0.070 parts per million (ppm), 
daily maximum 8-hour concentration, codified at 40 CFR 50.19. EPA also 
revised the monitoring test methods for ozone, which are codified at 40 
CFR part 50, appendices D and U, and at 40 CFR part 53.
    On April 11, 2017, IDEM revised its ambient air quality primary and 
secondary standards for ozone to be consistent with EPA's 2015 
revision, and codified that revision at 326 Indiana Administrative Code 
(IAC) 1-3-4, Ambient Air Quality Standards. IDEM revised 326 IAC 1-3-
4(4)(B) to update its references to the Federal monitoring test 
methods. Indiana also made administrative revisions throughout 326 IAC 
1-3-4 for ambient air quality standards other than ozone. This includes 
changing ``shall represent'' to ``represents'' and ``shall'' to 
``must.''
    On September 7, 2017, IDEM submitted the revisions of 326 IAC 1-3-4 
to EPA and requested their approval into the Indiana SIP. EPA proposed 
approving 326 IAC 1-3-4, as revised, on May 2, 2018 (83 FR 19194).

II. Public Comment

    A public comment period was provided in the May 2, 2018 (83 FR 
19194) proposed rule. The comment period closed on June 1, 2018. Two 
comments were submitted during the comment period. Both comments raised 
issues outside the scope of this rulemaking.

III. What action is EPA taking?

    EPA is approving revisions related to Indiana's ambient air quality 
standards in 326 IAC 1-3-4 into the Indiana SIP. The revisions to 326 
IAC 1-3-4 include making IDEM's ozone standard consistent with the 2015 
8-hour ozone NAAQS, as codified at 40 CFR part 50, and making IDEM's 
monitoring test methods for ozone consistent with the methods codified 
at 40 CFR part 50 and 40 CFR part 53. Further, administrative revisions 
were made to IDEM's other ambient air quality standards in 326 IAC 1-3-
4. IDEM submitted the SIP revision request on September 7, 2017.

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 Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air Act. 
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:
    <bullet> 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);
    <bullet> Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Is certified as not having a significant economic impact 
on a substantial number of small entities

[[Page 36752]]

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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 Clean Air Act; and
    <bullet> 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 1, 2018. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: July 17, 2018.
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 by revising 
the entry for ``1-3-4'' under ``Article 1. General Provisions'' ``Rule 
3. Ambient Air Quality Standards'' to read as follows:


Sec.  52.770   Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
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                                                              Indiana
        Indiana citation                 Subject          effective date  EPA approval date         Notes
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                                          Article 1. General Provisions
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                                                  * * * * * * *
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                                      Rule 3. Ambient Air Quality Standards
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                                                  * * * * * * *
1-3-4..........................  Ambient air quality           8/11/2017  7/31/2018,         ...................
                                  standards.                               [Insert Federal
                                                                           Register
                                                                           citation].
 
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[FR Doc. 2018-16247 Filed 7-30-18; 8:45 am]
 BILLING CODE 6560-50-P


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