Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations 36751 

1 62 FR 27968 (May 22, 1997). 

[FR Doc. 2018–16256 Filed 7–30–18; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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, rau.matthew@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. 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

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: 

• 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 


daltland on DSKBBV9HB2PROD with RULES
36752 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations 

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 Clean Air Act; 

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 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 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: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana citation Subject 

Indiana 

effective 

date 

EPA approval date Notes 

Article 1. General Provisions 

*******

Rule 3. Ambient Air Quality Standards 

*******

1–3–4 ................................ Ambient air quality standards ..................................... 8/11/2017 7/31/2018, [Insert Federal 

Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2018–16247 Filed 7–30–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2018–0001; FRL–9981–50- 

Region 10] 

Air Plan Approval; Washington; 

Regional Haze Progress Report 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the regional haze State Implementation 

Plan (SIP) submitted by Washington on 

November 6, 2017. Washington 

submitted its Regional Haze Progress 

Report (‘‘progress report’’ or ‘‘report’’) 

and a negative declaration stating that 

further revision of the existing regional 

haze SIP is not needed at this time. 


daltland on DSKBBV9HB2PROD with RULES