Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 105459 

TABLE 3—ADDITIONAL REGULATIONS APPROVED FOR THE ENERGY FACILITIES SITE EVALUATION COUNCIL (EFSEC) 

JURISDICTION—Continued 

[See the SIP-approved provisions of WAC 463–78–020 for jurisdictional applicability] 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

* * * * * * * 

Washington Administrative Code, Chapter 173–400—Regulations Incorporated by Reference in WAC 463–78–005 

* * * * * * * 

173–400–030 ..... Definitions ............................. 9/16/18 12/27/24, [INSERT FIRST 

PAGE OF FEDERAL 

REGISTER CITATION].

Except: 173–400–030(96). 

* * * * * * * 

173–400–081 ..... General Standards for Maximum Emissions.9/16/18 12/27/24, [INSERT FIRST 

PAGE OF FEDERAL 

REGISTER CITATION].

173–400–082 ..... General Standards for Maximum Emissions.9/16/18 12/27/24, [INSERT FIRST 

PAGE OF FEDERAL 

REGISTER CITATION].

* * * * * * * 

173–400–136 ..... Use of Emission Reduction 

Credits (ERC).

12/29/12 12/27/24, [INSERT FIRST 

PAGE OF FEDERAL 

REGISTER CITATION].

* * * * * * * 

173–400–171 ..... Public Notice and Opportunity for Public Comment.9/16/18 12/27/24, [INSERT FIRST 

PAGE OF FEDERAL 

REGISTER CITATION].

Except: The part of 173–400–171(3)(b) that 

says, • ‘‘or any increase in emissions of 

a toxic air pollutant above the acceptable 

source impact level for that toxic air pollutant as regulated under chapter 173– 

460 WAC’’; 173–400–171(12). 

* * * * * * * 

* * * * * 

[FR Doc. 2024–30536 Filed 12–26–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2023–0633]; FRL–11928– 

02–R5] 

Air Plan Approval; Indiana; Update to 

CFR References 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a request 

submitted by the Indiana Department of 

Environmental Management (IDEM) on 

December 14, 2023, to revise the Indiana 

State Implementation Plan (SIP). The 

submission revises and updates the 

Indiana Administrative Code (IAC) 

definition of ‘‘References to the Code of 

Federal Regulations,’’ from the 2018 

edition to the 2022 edition. EPA 

proposed to approve this action on 

August 18, 2024, and received no 

adverse comments. 

DATES: This final rule is effective on 

January 27, 2025. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2023–0633. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information (CBI), Proprietary Business 

Information (PBI), 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 https://

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 Nicole 

Naber, at (312) 886–6609 before visiting 

the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Naber, Air and Radiation 

Division (AR18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6609, naber.nicole@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background Information. 

On August 16, 2024 (89 FR 66661), 

EPA proposed to approve revisions to 

326 IAC 1–1–3, definition of 

‘‘References to Code of Federal 

Regulations.’’ IDEM updated the 

reference to the CFR in 326 IAC 1–1–3 

from the 2018 edition to the 2022 

edition. This is an administrative 

change that allows Indiana to reference 

a more current version of the CFR. 

By incorporating by reference 326 IAC 

1–1–3 to reference the 2022 version of 

the CFR, the provisions in title 326 of 


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105460 Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

the IAC will be consistent with the 

applicable CFR regulations. Because this 

action updates Indiana rules to be more 

consistent with EPA’s current 

regulations, EPA is approving these 

revisions. 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 and will not be restated 

here. The public comment period for 

this proposed rule ended on September 

16, 2024. EPA received no comments on 

the proposal. 

II. Final Action 

EPA is approving the December 14, 

2023, submission as a revision to the 

Indiana SIP. Specifically, EPA is 

approving 326 IAC 1–1–3 References to 

the Code of Federal Regulations, 

effective October 20, 2023. 

III. 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 section I of this preamble 

and set forth in the amendments to 40 

CFR part 52 below. EPA has made, and 

will continue to make, these documents 

generally available through https://

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 

SIP, 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

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 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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. 

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). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. EPA defines EJ as 

‘‘the fair treatment and meaningful 

involvement of all people regardless of 

race, color, national origin, or income 

with respect to the development, 

implementation, and enforcement of 

environmental laws, regulations, and 

policies.’’ EPA further defines the term 

fair treatment to mean that ‘‘no group of 

people should bear a disproportionate 

burden of environmental harms and 

risks, including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

IDEM did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving EJ for communities with EJ 

concerns. 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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, 2025. 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, Volatile 

organic compounds. 

Dated: December 19, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, title 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. 


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Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 105461 

1 ‘‘State Implementation Plans: Response to 

Petition for Rulemaking; Restatement and Update of 

EPA’s SSM Policy Applicable to SIPs; Findings of 

Substantial Inadequacy; and SIP Calls to Amend 

Provisions Applying to Excess Emissions During 

Periods of Startup, Shutdown and Malfunction,’’ 

(80 FR 33839, June 12, 2015). 

■ 2. In § 52.770, the table in paragraph 

(c) is amended by revising the entry for 

‘‘1–1–3’’ to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana 

citation Subject Indiana effective date EPA approval date Notes 

* * * * * * * 

1–1–3 ............ References to the Code of Federal Regulations.10/20/2023 [INSERT DATE OF PUBLICATION IN 

THE FEDERAL REGISTER], 

[INSERT FIRST PAGE OF FEDERAL 

REGISTER CITATION].

* * * * * * * 

* * * * * 

[FR Doc. 2024–30729 Filed 12–26–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2024–0207; FRL–12341– 

02–R8] 

Air Plan Approval; Revisions to 

Colorado Common Provisions 

Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Common Provisions Regulation of 

the Colorado State Implementation Plan 

(SIP). These revisions were submitted 

by the State of Colorado in response to 

the EPA’s June 12, 2015, Findings of 

Substantial Inadequacy and ‘‘SIP calls’’ 

for certain provisions in the SIP related 

to affirmative defenses applicable to 

excess emissions during startup, 

shutdown, and malfunction (SSM) 

events. The EPA is approving these SIP 

revisions because the Agency has 

determined that they are in accordance 

with the requirements for SIP provisions 

under the Clean Air Act (CAA or the 

Act). 

DATES: This rule is effective on January 

27, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2024–0207. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., 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 through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Adam Clark, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–AQ, 1595 Wynkoop Street, 

Denver, Colorado, 80202–1129, 

telephone number: (303) 312–7104, 

email address: clark.adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

The background for this action is 

discussed in detail in our October 30, 

2024 proposal (89 FR 86305). In that 

document we proposed to approve 

revisions to the Common Provisions 

Regulation portion of Colorado’s SIP. 

We did not receive comments on this 

proposal. 

II. Final Action 

The EPA is approving the portion of 

Colorado’s June 26, 2023, SIP 

submission revising the Colorado SIP by 

removing Common Provisions 

Regulation sections II.E. and II.J. from 

the SIP by making them State-only. We 

are approving the SIP revisions because 

we have determined that they are 

consistent with the requirements for SIP 

provisions under the CAA. The EPA is 

further determining that finalizing such 

SIP revisions would correct the 

deficiencies identified in the EPA’s June 

12, 2015 Findings of Substantial 

Inadequacy and SIP Calls.1

III. Incorporation by Reference 

In this action, we are including in a 

final rule regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5 the EPA is incorporating by 

reference the revisions that would 

designate them as State-only, and thus 

remove from ‘‘5 CCR 1001–02, Common 

Provisions Regulation’’ of the Colorado 

SIP, sections II.E., ‘‘Affirmative Defense 

Provision for Excess Emissions During 

Malfunctions,’’ and II.J., ‘‘Affirmative 

Defense Provision for Excess Emissions 

During Startup and Shutdown.’’ The 

EPA has made, and will continue to 

make, these documents generally 

available electronically through https:// 

www.regulations.gov and in hard copy 

at the EPA Region 8 office. 

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 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

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 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 


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