[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)]
[Rules and Regulations]
[Pages 13493-13495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05838]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2013-0780; FRL-9924-22-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Minor NSR for Title V and FESOP Sources

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to Indiana's minor new source review (NSR) construction 
permit rule. The rule applies to construction of new units or 
modifications of existing units at sources subject to title V and 
Federally enforceable state operating permit requirements. This rule 
replaces the previous state implementation plan (SIP) minor source 
construction permit rule for Indiana.

DATES: This final rule is effective on April 15, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2013-0780. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through 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 Sam Portanova, 
Environmental Engineer, at (312) 886-3189 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Sam Portanova, Environmental Engineer, 
Air Permits Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-3189, [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 being addressed in this document?
II. What comments did EPA receive?
III. Technical Corrections to the State Rule
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    On November 7, 2013, the Indiana Department of Environmental 
Management (IDEM) submitted a SIP revision request to EPA for minor NSR 
construction permit rules. EPA last approved Indiana's minor 
construction permit rule (326 IAC 2-1) on October 7, 1994 (59 FR 
51108). In this action, EPA is approving amendments to 326 IAC 2-7-
10.5(a), (c) through (j), (l), and (m), and to 326 IAC 2-8-11.1 as 
revisions to Indiana's SIP. These provisions do not apply to permitting 
actions that trigger major prevention of significant deterioration 
(PSD) or nonattainment NSR requirements. 326 IAC 2-7-10.5 and 326 IAC 
2-8-11.1 replace 326 IAC 2-1, which has been repealed in the state 
rules, as the minor NSR construction permit rules in the Indiana SIP. 
EPA proposed approval of these rules on January 5, 2015 (80 FR 201). 
EPA previously approved 326 IAC 2-7-10.5(b) and (k) on January 17, 2014 
(79 FR 3120).

II. What comments did EPA receive?

    The public comment period on the proposed approval of Indiana's SIP 
revision ended on February 4, 2015. EPA did not receive any comments on 
the proposed approval of this SIP revision.

III. Technical Corrections to the State Rule

    On January 26, 2015, IDEM submitted revisions to 326 IAC 2-7-
10.5(f)(2)(C) and 326 IAC 2-8-11.1(d)(4) that contained typographical 
corrections to the original rules. These corrections were published in 
the Indiana Register on December 25, 2013, and were effective January 
11, 2014. The revision to 326 IAC 2-7-10.5(f)(2)(C) corrects 
grammatical errors and the revision to 326 IAC 2-8-11.1(d)(4) corrects 
a citation error. The revisions do not affect the requirements or 
substance of this rule.

IV. What action is EPA taking?

    EPA is approving Indiana's minor source construction permit rule in 
326 IAC 2-7-10.5(a), (c) through (j), (l), and (m), and 326 IAC 2-8-
11.1. EPA has determined that the emission thresholds and permitting 
requirements discussed

[[Page 13494]]

above satisfy the requirements of 40 CFR 51.160 and 51.161. EPA is not 
taking action on 326 IAC 2-7-10.5(b) and (k) because these portions of 
the state's rule have already been approved into Indiana's SIP.

V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Indiana 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act (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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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, the SIP 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 and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 May 15, 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. 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, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 27, 2015.
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:
0
a. Revising the entry in ``Article 2. Permit Review Rules'', ``Rule 7. 
Part 70 Permit Program'' for 2-7-10.5 ``Part 70 permits; source 
modifications''; and
0
b. Revising the entry in ``Article 2. Permit Review Rules'', ``Rule 8. 
Federally Enforceable State Operating Permit Program'' for 2-8-11.1 
``Permit revisions''.
    The revisions read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
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                                                      Indiana
    Indiana  citation             Subject            effective       EPA approval date             Notes
                                                       date
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                                         Article 2. Permit Review Rules
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[[Page 13495]]

 
                                                  * * * * * * *
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                                         Rule 7. Part 70 Permit Program
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2-7-10.5................  Part 70 permits;            10/26/2013  3/16/2015 [insert       Indiana made
                           source modifications.                   Federal Register        typographical
                                                                   citation].              corrections to
                                                                                           (f)(2)(C) on 1/11/
                                                                                           2014.
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                          Rule 8. Federally Enforceable State Operating Permit Program
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                                                  * * * * * * *
2-8-11.1................  Permit revisions......      10/26/2013  3/16/2015 [insert       Indiana made
                                                                   Federal Register        typographical
                                                                   citation].              corrections to (d)(4)
                                                                                           on 1/11/2014.
 
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[FR Doc. 2015-05838 Filed 3-13-15; 8:45 am]
 BILLING CODE 6560-50-P