[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Rules and Regulations]
[Pages 75431-75433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29586]



40 CFR Part 52

[EPA-R05-OAR-2014-0661; FRL-9920-47-Region-5]

Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Ozone and PM2.5 Standards

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a submission by the State of Indiana as a 
revision to the Indiana State Implementation Plan (SIP). The submitted 
regulations revise Indiana's ambient air quality standards for ozone 
and particulate matter (PM) to be consistent with EPA's 2008 ozone and 
2012 fine particulate matter (PM2.5) National Ambient Air 
Quality Standards (NAAQS). EPA is therefore approving this SIP 
submission, in accordance with the requirements of the Clean Air Act 

DATES: This direct final rule will be effective February 17, 2015, 
unless EPA receives adverse comments by January 20, 2015. 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-2014-0661, 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, Air Programs Branch (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, Air Programs Branch (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-
2014-0661. 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 

[[Page 75432]]

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 Eric Svingen, Environmental Engineer, 
at (312) 353-4489 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-4489, 
[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
II. Summary and Analysis of SIP Revision
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

    On March 27, 2008 (73 FR 16436), EPA revised the 8-hour ozone 
primary and secondary NAAQS to a level of 0.075 parts per million (ppm) 
to provide increased protection for children and other at-risk 
populations against an array of ozone-related adverse health effects. 
These standards are based on the 3-year average of the annual fourth-
highest daily maximum 8-hour concentration.
    On January 15, 2013 (78 FR 3086), EPA revised the primary (health-
based) annual PM2.5 NAAQS to a level of 12.0 micrograms per 
cubic meter ([micro]g/m\3\) and retained the 24-hour primary NAAQS for 
PM2.5 at a level of 35 [micro]g/m\3\. EPA also retained the 
existing annual PM2.5 secondary (welfare-based) NAAQS set at 
a level of 15.0 [micro]g/m\3\, and retained the existing 24-hour coarse 
particle (PM10) primary and secondary NAAQS at 150 [micro]g/
    On August 20, 2014, the Indiana Department of Environmental 
Management (IDEM) submitted revisions to 326 Indiana Administrative 
Code (IAC) 1-3-4, ``Ambient air quality standards''. These revisions 
make Indiana's 8-hour ozone and annual PM2.5 ambient air 
quality standards consistent with the NAAQS.
    The CAA specifies that EPA must reevaluate the appropriateness of 
each of the NAAQS every five years. As part of the process, EPA 
reviewed the latest health-based research and determined that several 
NAAQS revisions were necessary to protect public health and welfare.

II. Summary and Analysis of SIP Revision

    IDEM's August 20, 2014, submission consists of amendments to 326 
IAC 1-3-4, which includes the revised ambient air quality standards for 
ozone and PM2.5. These revisions are: inclusion of the 8-
hour ozone standard of 0.075 ppm, inclusion of the annual 
PM2.5 primary standard of 12.0 [micro]g/m\3\, retention of 
the annual PM2.5 level of 15.0 [micro]g/m\3\ as the 
secondary standard, incorporation by reference of appendix N to 40 CFR 
50 (``Interpretation of the National Ambient Air Quality Standards for 
PM2.5''), and incorporation by reference of appendix P to 40 
CFR 50 (``Interpretation of the Primary and Secondary National Ambient 
Air Quality Standards for Ozone''). The SIP submission is consistent 
with the current NAAQS.
    On April 9, 2014, IDEM held a public hearing for the SIP 
submission. No comments were received at this hearing.

III. What action is EPA taking?

    EPA is approving the SIP submission pertaining to the amendments of 
Indiana's ambient air quality standards since it is consistent with the 
NAAQS. Specifically, we are approving revised rule 326 IAC 1-3-4, 
``Ambient air quality standards'' into the state SIP.
    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 February 17, 
2015 without further notice unless we receive relevant adverse written 
comments by January 20, 2015. 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. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective 
February 17, 2015.

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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible

[[Page 75433]]

methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    This rule is not approved to apply on any Indian reservation land 
or in any other area where EPA or an Indian tribe has demonstrated that 
a tribe has jurisdiction. In those areas of Indian country, the rule 
does not have tribal implications as specified by Executive Order 
13175, nor will it 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. 
    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 17, 2015. 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: December 5, 2014.
Susan Hedman,
Regional Administrator, Region 5.
    40 CFR part 52 is amended as follows:


1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

2. In Sec.  52.770 the table in paragraph (c) is amended by revising 
the entry for 1-3-4 under ``Article 1. General Provisions'' ``Rule 3. 
Ambient Air Quality Standards'' to read as follows:

Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
        Indiana citation                Subject           effective     EPA approval date           Notes
                                          Article 1. General Provisions
                                                  * * * * * * *
                                      Rule 3. Ambient Air Quality Standards
                                                  * * * * * * *
1-3-4...........................  Ambient air quality      08/07/2014  12/18/2014, [insert  ....................
                                   standards.                           Federal Register
                                                  * * * * * * *

* * * * *
[FR Doc. 2014-29586 Filed 12-17-14; 8:45 am]