[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Rules and Regulations]
[Pages 23492-23495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09149]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2013-0083; FRL-9804-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Particulate Matter Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a request submitted by the Indiana Department 
of Environmental Management (IDEM) on January 30, 2013, to revise the 
Indiana State Implementation Plan (SIP) for particulate matter under 
the Clean Air Act (CAA). This submission contains the 24-hour fine 
particle (PM2.5) National Ambient Air Quality Standards 
(NAAQS) promulgated by EPA in 2006, and removes the annual coarse 
particle (PM10) NAAQS that EPA has previously revoked. The 
submission also asks EPA to approve into the SIP certain Federally 
regulated criteria pollutant definitions and abbreviations.

DATES: This direct final rule will be effective June 18, 2013, unless 
EPA receives adverse comments by May 20, 2013. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2013-0083 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, (AR-18J), U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section (AR-18J), U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are 
only accepted during the Regional Office normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information. The Regional Office official hours of business are Monday 
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2013-

[[Page 23493]]

0083. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: 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., CBI 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 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, Environmental Engineer, 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. Background
    A. When and why did the State make this submission?
    B. Did the State hold public hearings for this submission?
II. What is EPA's analysis of IDEM's submission?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

A. When and why did the State make this submittal?

    On January 30, 2013, IDEM submitted as SIP revisions regulatory 
provisions addressing the NAAQS for nitrogen dioxide (NO2), 
sulfur dioxide (SO2), PM10 and PM2.5. 
EPA will be taking separate action on NO2 and SO2 
in a future rulemaking. In this notice, EPA is addressing the 
submission with regard to the current primary and secondary 24-hour 
NAAQS for PM2.5,\1\ which were published in the Federal 
Register on October 17, 2006 (see 71 FR 61144) and codified at 40 CFR 
50.13, ``National primary and secondary ambient air quality standards 
for PM2.5.'' In the submission, IDEM has also requested that 
EPA remove from the SIP the annual PM10 NAAQS that EPA 
revoked on July 1, 2006. At the State level, these provisions regarding 
PM2.5 and PM10 became effective on January 18, 
2013. IDEM's revisions ensure consistency between the State and Federal 
definitions of the PM2.5 and PM10 NAAQS, as well 
as in the determination of attainment of those NAAQS.
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    \1\ Note that on January 15, 2013, the revised primary annual 
PM2.5 NAAQS was published in the Federal Register (see 78 
FR 3086). The State's submissions, as well as today's rulemaking, do 
not extend to this NAAQS.
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    The January 30, 2013, submission also includes a list of the 
Federally regulated criteria pollutant definitions and abbreviations to 
be used in a rule that delineates attainment status designations for 
each county in Indiana. These definitions became effective at the State 
level on January 18, 2013, and are intended to serve as a key or 
glossary for the remainder of the rule. In this rulemaking notice, EPA 
will be taking action on the definitions and abbreviations related to 
PM2.5 and PM10.

B. Did the State hold public hearings for this submission?

    A public hearing for these revisions was held on November 7, 2012. 
No comments were received at this hearing.

II. What is EPA's analysis of IDEM's submission?

    On October 17, 2006, revisions to the 24-hour PM2.5 
NAAQS were published in the Federal Register (see 71 FR 61144). The 
primary (health-based) PM2.5 NAAQS was strengthened to 35 
micrograms per cubic meter ([mu]g/m\3\), measured as a 24-hour average 
concentration. The secondary (welfare-based) PM2.5 NAAQS was 
revised to be identical to the primary PM2.5 NAAQS. EPA 
codified these revisions at 40 CFR 50.13.
    Under 40 CFR 50.13(a), ambient 24-hour average PM2.5 
concentrations are to be measured by either: (1) A reference method 
based on appendix L to 40 CFR part 50 (``Reference Method for the 
Determination of Fine Particulate Matter as PM2.5 in the 
Atmosphere'') and designated in accordance with 40 CFR part 53 
(``Ambient Air Monitoring Reference and Equivalent Methods''); or (2) 
an equivalent method designated in accordance with 40 CFR part 53. In 
addition, under 40 CFR 50.13(c), determinations as to whether the 24-
hour PM2.5 standards have been met are to be made in 
accordance with the data handling conventions and computations in 40 
CFR part 50, appendix N (``Interpretation of the National Ambient Air 
Quality Standards for PM2.5'').
    In IDEM's January 30, 2013, submission, the State requested that 
EPA approve 326 Indiana Administrative Code (IAC) 1-3-4 (b)(8), as 
revised to reflect EPA's revised primary and secondary 24-hour 
PM2.5 NAAQS. IDEM's requested revisions are substantively 
identical to the provisions contained in 40 CFR 50.13. Specifically, 
the definition of the NAAQS, the calculations for determining 
attainment of the NAAQS, and the mechanism to measure ambient 
concentrations of PM2.5 are consistent with 40 CFR 50.13.
    IDEM's rule contains the primary and secondary 24-hour 
PM2.5 NAAQS of 35 [mu]g/m\3\, which are achieved when 98th 
percentile 24-hour average concentration is equal to, or less than, 35 
[mu]g/m\3\, as determined in accordance with appendix N to 40 CFR part 
50. Indiana has incorporated appendix N by reference into the SIP.
    Indiana's submission also incorporates by reference appendix L to 
40 CFR part 50, which contains the data handling conventions and 
computations for determining whether the 24-hour PM2.5 NAAQS 
have been met. It should be noted, however, that a determination of 
what constitutes a ``Federal Equivalent Method'' under 40 CFR 
50.13(a)(2) can only be made by the Administrator of EPA.

[[Page 23494]]

    On July 1, 2006, EPA revoked the annual PM10 NAAQS (see 
71 FR 61144). Indiana has requested that EPA remove the portions of 326 
IAC 1-3-4(b)(7) that contain or make reference to the former annual 
PM10 NAAQS.
    Aligning State and Federal ambient air quality standards, 
calculations for compliance, and ambient concentration collection 
methods ensure consistency between EPA's and IDEM's PM2.5 
and PM10 NAAQS. Because the State has adopted regulations 
that are wholly consistent with the Federal NAAQS, EPA concludes that 
IDEM's requested revision concerning the incorporation of the 24-hour 
PM2.5 NAAQS is approvable. EPA also concludes that IDEM's 
requested removal of the annual PM10 NAAQS is approvable.
    Indiana also requests in its submission that EPA approve a list of 
Federally regulated criteria pollutant definitions and abbreviations 
into the SIP, specifically at 326 IAC 1-4-1. These terms include 
``SO2'', ``CO'' (carbon monoxide), ``O3'' 
(ozone), ``NO2'', and ``Pb'' (lead). Indiana has requested 
that ``PM10'' have the meaning set forth in 326 IAC 1-2-52.4 
and that ``PM2.5'' has the meaning set forth in 326 IAC 1-2-
52.2. EPA has previously approved both 326 IAC 1-2-52.2 and 326 IAC 1-
2-52.4 into the SIP, and IDEM is not seeking to revise those 
definitions. Because this list of terms and abbreviations are wholly 
consistent at the State and Federal levels, and are meant as a 
clarification for future SIP submissions related to 326 IAC 1-4-1, EPA 
concludes that this requested revision is approvable.

III. What action is EPA taking?

    EPA is approving portions of a submission from IDEM that contains 
the Federally promulgated 24-hour PM2.5 NAAQS codified at 40 
CFR 50.13 and removes a portion of Indiana's SIP as it relates to the 
annual PM10 NAAQS, as EPA revoked this particular NAAQS in 
2006. Finally, EPA is approving portions of the January 30, 2013, 
submission from Indiana that add a list of criteria pollutant 
definitions and acronyms to Indiana's rules that relate to concerning 
attainment status designations.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the Proposed Rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective June 18, 2013 
without further notice unless we receive relevant adverse written 
comments by May 20, 2013. If we receive such comments, we will withdraw 
this action before the effective date by publishing a subsequent 
document that will withdraw the final action. All public comments 
received will then be addressed in a subsequent final rule based on the 
proposed action. EPA will not institute a second comment period; 
therefore, any parties interested in commenting on this action should 
do so at this time. If we do not receive any comments, this action will 
be effective June 18, 2013.

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 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 18, 2013. 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, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate

[[Page 23495]]

matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: April 4, 2013.
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 (c) is amended by revising 
the entry for ``1-3-4'' and adding a new entry in numerical order for 
``1-4-1'' to read as follows:


Sec.  52.770  Identification of plan.

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    (c) * * *

                                                            EPA-Approved Indiana Regulations
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                                                               Indiana effective
         Indiana citation                   Subject                  date                    EPA approval date                         Notes
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                                                          Rule 3. Ambient Air Quality Standards
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                                                                      * * * * * * *
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1-3-4............................  Ambient air quality        1/18/2013           4/19/2013, [INSERT PAGE NUMBER WHERE    (b)(7) and (b)(8) only.
                                    standards.                                     THE DOCUMENT BEGINS].
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                                                         Rule 4. Attainment Status Designations
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1-4-1............................  Definitions..............  1/18/2013           4/19/2013, [INSERT PAGE NUMBER WHERE    ..............................
                                                                                   THE DOCUMENT BEGINS].
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[FR Doc. 2013-09149 Filed 4-18-13; 8:45 am]
BILLING CODE 6560-50-P