[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Rules and Regulations]
[Pages 41311-41314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16512]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0805; FRL-9832-4]


Approval of Air Quality Implementation Plans; Indiana; Approval 
of ``Infrastructure'' SIP With Respect to Source Impact Analysis 
Provisions 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), EPA 
is taking final action to approve portions of submissions made by the 
Indiana Department of Environmental Management (IDEM) to address the 
section 110(a)(1) and (2) requirements of the CAA, often referred to as 
the ``infrastructure'' state implementation plan (SIP). Specifically, 
we are finalizing the approval of portions of IDEM's submissions 
intended to meet certain requirements of sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II), and 110(a)(2)(J) of the CAA with respect to the 
2006 24-hour PM2.5 national ambient air quality standards 
(2006 PM2.5 NAAQS). Among other provisions, these sections 
of the CAA require states to perform source impact analyses as part of 
their prevention of significant deterioration (PSD) programs. EPA is 
finalizing approval of Indiana's

[[Page 41312]]

submissions intended to satisfy this requirement. The proposed rule 
associated with this final action was published on August 2, 2012.

DATES: This final rule is effective on August 9, 2013.

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 is the result of IDEM's SIP-approved update to the 
definition of the 2006 PM2.5 NAAQS?
    III. What action is EPA taking?
    IV. 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 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 for particulate matter 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). The SIP submissions referenced in this 
rulemaking pertain to the applicable requirements of sections 110(a)(1) 
and (2) of the CAA. Indiana made its infrastructure SIP submission for 
the 2006 PM2.5 NAAQS on October 20, 2009, and provided 
supplemental submissions to EPA on June 25, 2012, and July 12, 2012.
    On August 2, 2012, EPA published its proposed action on Region 5 
states' submissions (see 77 FR 45992). Notably, we proposed to find 
that Indiana had met the applicable infrastructure SIP requirements of 
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J) concerning 
state PSD programs generally, thereby satisfying the requirement that 
the State has an adequate PSD program pursuant to these section for the 
2006 PM2.5 NAAQS.
    During the comment period for the August 2, 2012, proposed 
rulemaking, EPA received five comment letters, one of which observed 
that the Indiana SIP was insufficient for purposes of the State's PSD 
program for the 2006 PM2.5 NAAQS.\1\ The commenter noted 
that 326 Indiana Administrative Code (IAC) 2-2-5(a)(1) requires an 
analysis of a new or modified source's emissions demonstrating that the 
emissions will not cause or contribute to air pollution in violation of 
any ambient air quality standard, as designated in 326 IAC 1-3. The 
language contained in 326 IAC 1-3 explicitly referenced only the 1997 
PM2.5 NAAQS, and not the 2006 PM2.5 NAAQS of 35 
micrograms per cubic meter. Therefore, a literal read of Indiana's PSD 
regulations at the time of EPA's proposed rulemaking for the 2006 
PM2.5 NAAQS infrastructure SIP indicated that a source 
impact analysis would only need to comply with the 1997 
PM2.5 NAAQS. The commenter did note that 326 IAC 2-1.1-5 
contains language that would prohibit issuance of a registration, 
permit, modification approval, or operating permit revision if issuance 
would allow a source to cause or contribute to a violation of the 
NAAQS. However, 326 IAC 2-1.1-5 is currently not in the SIP, and the 
language contained therein had not been submitted by Indiana for 
incorporation into the SIP.
---------------------------------------------------------------------------

    \1\ EPA addressed the remainder of the comment letters in a 
separate rulemaking (see 77 FR 65478).
---------------------------------------------------------------------------

    As a result of this comment received in response to our August 2, 
2012, proposed rulemaking, we did not promulgate final action on this 
limited aspect of Indiana's infrastructure SIP in our October 29, 2012, 
final rulemaking (see 77 FR 65478). We did, however, promulgate final 
action on the majority of all other applicable elements of Indiana's 
infrastructure SIP. In the October 29, 2012, rulemaking, we committed 
to address the source impact analysis requirements of Indiana's PSD 
program in a separate action; this final rulemaking serves as that 
action.

II. What is the result of IDEM's SIP-approved update to the definition 
of the 2006 PM2.5 NAAQS?

    Integral to the applicable infrastructure SIP requirements for 
IDEM's PSD program with respect to the source impact analysis 
requirements for the 2006 PM2.5 NAAQS was the need for the 
state to update its definitions contained in 326 IAC 1-3 to reflect the 
2006 PM2.5 NAAQS and submit these revisions for 
incorporation into the SIP. On April 19, 2013, EPA published its direct 
final approval of revisions to IDEM's SIP at 326 IAC 1-3-4(b)(8) that 
among other things, contained the Federally promulgated 2006 
PM2.5 NAAQS codified at 40 CFR 50.13 (see 78 FR 23492). 
Notably, the revisions aligned the state and Federal ambient air 
quality standards, calculations for compliance, and ambient 
concentration collection methods for the 2006 PM2.5 
NAAQS. No adverse comments were received on this notice, and 
the SIP revisions became effective on June 18, 2013.
    As a result of EPA's April 19, 2013, action, the requirements 
contained in 326 IAC 2-2-5(a)(1), i.e., the requirement for an analysis 
of a new or modified source's emissions demonstrating that the 
emissions will not cause or contribute to air pollution in violation of 
any ambient air quality standard, as designated in 326 IAC 1-3, now 
also apply to the 2006 PM2.5 NAAQS, as codified in 40 CFR 
50.13. Therefore, Indiana has met the PSD program source impact 
analysis requirements for sections 110(a)(2)(C), 110(a)(2)(D)(ii), and 
110(a)(2)(J) of the CAA with respect to the 2006 PM2.5 
NAAQS.

III. What action is EPA taking?

    For the reasons discussed above, EPA is taking final action to 
approve portions of Indiana's infrastructure SIP

[[Page 41313]]

submissions for the 2006 PM2.5 NAAQS with respect to 
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J) of the 
CAA. Specifically, we are finalizing approval of the relevant portions 
of Indiana's submissions because the state's SIP-approved PSD program 
now requires a source impact analysis for the Federally promulgated 
2006 PM2.5 NAAQS codified at 40 CFR 50.13.

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 September 9, 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements.

    Dated: June 25, 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 (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) * * *

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
             Title                  Indiana date                 EPA approval                   Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2)                10/20/2009, 6/25/   7/10/2013 [INSERT PAGE NUMBER WHERE  This action addresses
 Infrastructure Requirements      2012, 7/12/2012.    THE DOCUMENT BEGINS].                the following CAA
 for the 2006 24-Hour PM2.5                                                                elements:
 NAAQS.                                                                                    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.
 

[[Page 41314]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-16512 Filed 7-9-13; 8:45 am]
BILLING CODE 6560-50-P