[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Rules and Regulations]
[Pages 46709-46711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18830]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-2012-0567; FRL-9914-94-Region-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Indiana PSD Increments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a component of a state implementation plan (SIP) 
submission from Indiana addressing EPA's requirements for the 
prevention of significant deterioration (PSD) program. The proposed 
rulemaking associated with today's final action was published on August 
19, 2013.

DATES: This final rule is effective on September 10, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2012-0567. 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 of the SIP submissions?
    A. What state SIP submissions does this rulemaking address?
    B. Why did the state make these SIP submissions?
    C. What is the scope of this rulemaking?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. What is the background of the SIP submissions?

A. What state SIP submissions does this rulemaking address?

    This final rulemaking addresses a portion of a July 12, 2012, 
submission and a December 12, 2012, supplemental submission from the 
Indiana Department of Environmental Quality (IDEM). These submissions 
were made to satisfy certain EPA requirements for the state's PSD 
program.

B. Why did the state make these SIP submissions?

    On October 20, 2010, EPA issued the final rule on the ``Prevention 
of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 
Micrometers (PM2.5)--Increments, Significant Impact Levels 
(SILs) and Significant Monitoring Concentration (SMC)'' (2010 NSR 
Rule). This rule established several components for making PSD 
permitting determinations for PM2.5, including a system of 
``increments'' which is the mechanism used to estimate significant 
deterioration of ambient air quality for a pollutant. These increments 
are codified in 40 CFR 51.166(c) and 40 CFR 52.21(c), and are included 
in the table below.

Table 1: PM2.5 Increments Established by the 2010 NSR Rule in Micrograms
                             per Cubic Meter
------------------------------------------------------------------------
                                          Annual
                                     arithmetic mean      24-hour max
------------------------------------------------------------------------
Class I...........................                  1                  2
Class II..........................                  4                  9
Class III.........................                  8                 18
------------------------------------------------------------------------


[[Page 46710]]

    On July 12, 2012, and supplemented on December 12, 2012, IDEM 
submitted revisions intended to address the increments established by 
the 2010 NSR Rule for incorporation into the SIP. Specifically, 
revisions to 326 IAC 2-2-6(b) contained the Federal increments for 
PM2.5 for Class II areas.

C. What is the scope of this rulemaking?

    On August 19, 2013, EPA proposed to approve various Clean Air Act 
(CAA) requirements, including Indiana's satisfaction of the 
infrastructure SIP requirements \1\ for the 2008 ozone and 2008 lead 
National Ambient Air Quality Standards, Indiana's satisfaction of the 
state board requirements obligated by section 128 of the CAA, and 
Indiana's satisfaction of the PSD requirements obligated by the 2010 
NSR Rule. Among these components was 326 IAC 2-2-6(b), which contains 
the Federally promulgated PM2.5 increments for Class II 
areas in the state. Currently, there are no Class I or Class III areas 
in the state, and EPA did not receive any comments related to its 
proposed approval of this provision.\2\
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    \1\ The infrastructure SIP requirements are designed to ensure 
that the structural components of each state's air quality 
management program are adequate to meet the state's responsibilities 
under the CAA.
    \2\ EPA did receive an adverse comment related to Indiana's lack 
of increments for Class I and Class III areas. We will address this 
comment in a future rulemaking.
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II. What action Is EPA taking?

    For the reasons discussed in our August 19, 2013, proposed 
rulemaking, EPA is taking final action to approve, as proposed, 326 IAC 
2-2-6(b) into Indiana's SIP. Specifically, 326 IAC 2-2-6(b) contains 
the Federally promulgated PM2.5 increments for Class II 
areas, pursuant to 40 CFR 51.166(c) and 40 CFR 52.21(c).

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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 10, 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. 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: July 29, 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 (c) is amended by revising 
the entry for ``2-2-6'' to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

[[Page 46711]]



                                        EPA-Approved Indiana Regulations
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                                                    Indiana effective
        Indiana citation              Subject              date          EPA approval date          Notes
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                       Rule 2. Prevention of Significant Deterioration (PSD) Requirements
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                                                  * * * * * * *
2-2-6...........................       Increment   7/11/2012..........  8/11/2014, [INSERT   (b) only
                                    consumption;                         Federal Register
                                    requirements                         CITATION].
 
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[FR Doc. 2014-18830 Filed 8-8-14; 8:45 am]
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