[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Rules and Regulations]
[Pages 77599-77601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30336]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2012-0988; FRL-9904-36-Region-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Indiana State Board Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to its authority under the Clean Air Act (CAA), EPA 
is taking final action to approve state implementation plan (SIP) 
submissions made by the Indiana Department of Environmental Management 
(IDEM) intended to meet the state board requirements under section 128 
of the CAA. The proposed rule associated with this final action was 
published on August 19, 2013.

DATES: This final rule is effective on January 23, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2012-0988. 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 section 128 of the CAA, each SIP must contain provisions that 
address two requirements: (i) That any board or body which approves 
permits or enforcement orders under this chapter shall have at least a 
majority of members who represent the public interest and do not derive 
any significant portion of their income from persons subject to permits 
and enforcement orders under this chapter, and (ii) that any potential 
conflicts of interest by members of such board or body or the head of 
an executive agency with similar powers be adequately disclosed. To 
comply with this statutory provision, Indiana submitted the following 
rules for incorporation into the SIP: IC 13-13-8-1, IC 13-13-8-2(a), IC 
13-13-8-2(b), IC 13-13-8-3, IC 13-13-8-4, and IC 13-13-8-11. EPA's 
August 19, 2013, proposed rulemaking

[[Page 77600]]

(see 78 FR 50360 at 50366) details how these rules satisfy the 
applicable requirements of section 128. EPA did not receive any 
comments regarding its proposal to approve Indiana's state board 
provisions.

II. What action is EPA taking?

    For the reasons discussed in our August 19, 2013, proposed 
rulemaking, EPA is taking final action to approve IDEM's submissions 
addressing the state board requirements under section 128 of the CAA. 
The specific rules that we are approving as satisfying these 
requirements are IC 13-13-8-1, IC 13-13-8-2(a), IC 13-13-8-2(b),\1\ IC 
13-13-8-3, IC 13-13-8-4, and IC 13-13-8-11. It should be noted that our 
August 19, 2013, rulemaking contained proposed actions for various 
additional IDEM submissions, including those addressing the CAA section 
110(a)(1) and (2) ``infrastructure'' SIP requirements for the 2008 
ozone and 2008 lead national ambient air quality standards, as well as 
the prevention of significant deterioration of air quality provisions. 
This final rulemaking, however, is limited only to the state board 
requirements under section 128 of the CAA.
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    \1\ In EPA's August 19, 2013, proposed approval of Indiana's 
state board provisions, we incorrectly cited this rule as IC 13-18-
8-2(b). We want to clarify that this final approval is consistent 
with Indiana's submission, specifically with respect to IC 13-13-8-
2(b).
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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 February 24, 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, Reporting and recordkeeping 
requirements.

    Dated: December 6, 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 adding a 
new heading entitled ``State Statutes'' and entry IC 13-13-8 at the end 
of the table to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

[[Page 77601]]



                                        EPA-Approved Indiana Regulations
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                                                           Indiana
         Indiana citation                 Subject         effective     EPA approval date           Notes
                                                             date
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                                                 State Statutes
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IC 13-13-8.......................  Environmental Rules      1/1/2013  12/24/2013, [INSERT   1, 2(a), 2(b), 3, 4,
                                    Board.                             PAGE NUMBER WHERE     and 11 only.
                                                                       THE DOCUMENT
                                                                       BEGINS].
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[FR Doc. 2013-30336 Filed 12-23-13; 8:45 am]
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