[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Rules and Regulations]
[Pages 18999-19001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07564]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0805; FRL-9908-70-Region 5]
Approval of Air Quality Implementation Plans; Indiana; Ohio;
``Infrastructure'' SIP State Board Requirements for the 2006 24-Hour
PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to its authority under the Clean Air Act (CAA), the
Environmental Protection Agency (EPA) is taking final action to approve
elements of state implementation plan (SIP) submissions by the Indiana
Department of Environmental Management (IDEM) and the Ohio
Environmental Protection Agency (Ohio EPA) to address the section 110
requirements of the CAA for the 2006 24-hour fine particle National
Ambient Air Quality Standards (2006 PM2.5 NAAQS). The SIPs
under section 110 of the CAA are often referred to as the
``infrastructure'' SIP, and specifically we are finalizing approval of
portions of these states' submissions intended to meet the applicable
state board requirements obligated by section 128 of the CAA. The
proposed rule associated with this final action was published on
February 7, 2014, and we received no comments.
DATES: This final rule is effective on May 7, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2009-0805. All documents in the docket are listed in
the www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, will be
publicly-available only in hard copy. Publicly-available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the U.S. 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 Andy Chang at (312) 886-0258 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-0258, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is the background for this action?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. What is the background for this action?
Under sections 110(a)(1) and (2) of the CAA, and implementing EPA
policy, states are required to submit to EPA infrastructure SIPs to
ensure that their SIPs provide for implementation, maintenance, and
enforcement of the NAAQS, including the 2006 PM2.5 NAAQS.
These submissions must contain any revisions needed for meeting the
applicable SIP requirements of section 110(a)(2), or certifications
that their existing SIPs already met those requirements.
EPA highlighted this statutory requirement in an October 2, 2007,
guidance document entitled ``Guidance on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM2.5 National Ambient Air Quality Standards'' (2007 Memo).
On September 25, 2009, EPA issued additional guidance pertaining to the
2006 PM2.5 NAAQS entitled ``Guidance on SIP Elements
Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine
Particle (PM2.5) National Ambient Air Quality Standards
(NAAQS)'' (2009 Memo).
On October 29, 2012, EPA finalized its approval of the majority of
the infrastructure SIP elements for Indiana and Ohio with respect to
the 2006 PM2.5 NAAQS (see 77 FR 65478). However, we took no
action on the state board requirements of section 110(a)(2)(E)(ii);
instead, we committed to address compliance with these requirements at
a later time (see 77 FR 65478 at 75480). EPA's February 7, 2014,
proposed rulemaking and today's final action fulfill that commitment.
To assist states with addressing the state board requirements of
section 110(a)(2)(E)(ii), EPA issued ``Guidance on Infrastructure SIP
Elements Required
[[Page 19000]]
Under Sections 110(a)(1) and (2) for the 2008 Lead (Pb) National
Ambient Air Quality Standards (NAAQS)'' (2011 Memo) and most recently,
``Guidance on Infrastructure SIP Elements Under Clean Air Act Sections
110(a)(1) and 110(a)(2)'' (2013 Memo). Notably, the 2013 Memo specifies
that the state board requirements are not NAAQS specific, i.e., the
requirements are identical for each NAAQS. EPA's February 7, 2014,
proposed rulemaking (see 79 FR 7410) detailed how Indiana and Ohio have
met the applicable requirements of section 110(a)(2)(E)(ii), and no
comments were received regarding the proposal to approve these states'
satisfaction of those requirements.
II. What action is EPA taking?
For the reasons discussed in our February 7, 2014, proposed
rulemaking, EPA is taking final action to approve submissions from IDEM
and Ohio as meeting the state board requirements under section
110(a)(2)(E)(ii) for the 2006 PM2.5 NAAQS. To reiterate,
this action does not extend to any other NAAQS, nor does it extend to
any other element under section 110(a)(1) and (2) for the 2006
PM2.5 NAAQS.
III. 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 Order
12866 (58 FR 51735, October 4, 1993);
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, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
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 June 6, 2014. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the Proposed Rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: March 17, 2014.
Susan Hedman,
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 revising
the entry for ``Section 110(a)(2) Infrastructure Requirements for the
2006 24-Hour PM2.5 NAAQS''.
The revised text reads as follows:
Sec. 52.770 Identification of plan.
* * * * *
(e) * * *
[[Page 19001]]
EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Title Indiana date EPA Approval Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure 10/20/2009, 7/10/2013, 78 FR 41311... This action addresses the
Requirements for the 2006 24-Hour 6/25/2012, following CAA elements:
PM2.5 NAAQS. 7/12/2012 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E),
(F), (G), (H), (J), (K),
(L), and (M). We are
finalizing approval of the
PSD source impact analysis
requirements of section
110(a)(2)(C), (D)(i)(II),
and (J), but are not
finalizing action on the
visibility protection
requirements of (D)(i)(II),
and the state board
requirements of (E)(ii). We
will address these
requirements in a separate
action.
5/22/2013 4/7/2014, [INSERT PAGE This action addresses the
NUMBER WHERE THE following CAA elements:
DOCUMENT BEGINS]. State board requirements of
section 110(a)(2)(E)(ii).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.1891 is amended by adding paragraph (d) to read as
follows:
Sec. 52.1891 Section 110(a)(2) infrastructure requirements.
* * * * *
(d) Approval--In a June 7, 2013, submission, Ohio certified that
the state has satisfied the infrastructure SIP requirements of section
110(a)(2)(E)(ii) for the 2006 24-hour PM2.5 NAAQS.
[FR Doc. 2014-07564 Filed 4-4-14; 8:45 am]
BILLING CODE 6560-50-P