[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Rules and Regulations]
[Pages 4595-4597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01924]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0343; FRL-9973-49-Region 5]


Air Plan Approval; Indiana; Infrastructure SIP Requirements for 
the 2012 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of a state implementation plan (SIP) submission from Indiana 
regarding the infrastructure requirements of section 110 of the Clean 
Air Act (CAA) for the 2012 fine particulate matter (PM2.5) 
National Ambient Air Quality Standards (NAAQS). The infrastructure 
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. EPA proposed this action on 
August 31, 2017, and received one public comment in response.

DATES: This final rule is effective on March 5, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0343. All documents in the docket are listed on 
the www.regulations.gov website. 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 
through www.regulations.gov or 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. What is the background of this SIP submission?
II. What comments were submitted on the proposed rulemaking?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background of this SIP submission?

A. What state submission does this rulemaking address?

    This rulemaking addresses a June 10, 2016, submission from the 
Indiana Department of Environmental Management (IDEM) intended to 
address all applicable infrastructure requirements for the 2012 
PM2.5 NAAQS. On December 28, 2016, IDEM supplemented this 
submittal with additional documentation intended to address the 
transport requirements of Section 110(a)(2)(D) for the 2012 
PM2.5 NAAQS; EPA will take action on this supplement in a 
separate rulemaking.

B. Why did the state make this SIP submission?

    Under section 110(a)(1) and (2) of the CAA, states are required to 
submit infrastructure SIPs to ensure that their SIPs provide for 
implementation, maintenance, and enforcement of the NAAQS, including 
the 2012 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 the NAAQS 
already meet 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 \1\ National Ambient Air Quality Standards'' (2007 
Guidance) and has issued additional guidance documents, the most recent 
on September 13, 2013, entitled ``Guidance on Infrastructure State 
Implementation Plan (SIP) Elements under CAA Sections 110(a)(1) and 
(2)'' (2013 Guidance). The SIP submission referenced in this rulemaking 
pertains to the applicable requirements of section 110(a)(1) and (2), 
and addresses the 2012 PM2.5 NAAQS.
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    \1\ PM2.5 refers to particles with an aerodynamic 
diameter of less than or equal to 2.5 micrometers, oftentimes 
referred to as ``fine'' particles.
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C. What is the scope of this rulemaking?

    EPA is acting upon the SIP submission from Indiana that addresses 
the infrastructure requirements of CAA section 110(a)(1) and (2) for 
the 2012 PM2.5 NAAQS. The requirement for states to make SIP 
submissions of this type arises out of CAA section 110(a)(1), which 
states that states must make SIP submissions ``within 3 years (or such 
shorter period as the Administrator may prescribe) after the 
promulgation of a national primary ambient air quality standard (or any 
revision thereof),'' and these SIP submissions are to provide for the 
``implementation, maintenance, and enforcement'' of such NAAQS. The 
statute directly imposes on states the duty to make these SIP 
submissions, and the requirement to make the submissions is not 
conditioned upon EPA's taking any action other than promulgating a new 
or revised NAAQS. Section 110(a)(2) includes a list of specific 
elements that ``[e]ach such plan'' submission must address.
    EPA has historically referred to these SIP submissions made for the 
purpose of satisfying the requirements of CAA section 110(a)(1) and (2) 
as ``infrastructure SIP'' submissions. Although the term 
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to 
distinguish this particular type of SIP submission from submissions 
that are intended to satisfy other SIP requirements under the CAA, such 
as SIP submissions that address the nonattainment planning requirements 
of part D and the prevention of significant deterioration (PSD) 
requirements of part C of title I of the CAA, and ``regional haze SIP'' 
submissions required to address the visibility protection requirements 
of CAA section 169A.
    In this rulemaking, EPA will not take action on three substantive 
areas of section 110(a)(2): (i) Existing provisions related to excess 
emissions during periods of start-up, shutdown, or malfunction 
(``SSM'') at sources, that may be contrary to the CAA and EPA's 
policies addressing such excess emissions; (ii) existing provisions 
related to ``director's variance'' or ``director's discretion'' that 
purport to permit revisions to SIP approved emissions limits with 
limited public notice or without requiring further approval by EPA, 
that may be contrary to the CAA; and, (iii) existing provisions for PSD 
programs that may be inconsistent with current requirements of EPA's 
``Final NSR Improvement Rule,'' 67 FR 80186 (December 31,

[[Page 4596]]

2002), as amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''). 
Instead, EPA has the authority to address each one of these substantive 
areas in separate rulemakings. A detailed history, interpretation, and 
rationale as they relate to infrastructure SIP requirements can be 
found in EPA's May 13, 2014, proposed rule entitled, ``Infrastructure 
SIP Requirements for the 2008 Lead NAAQS'' in the section, ``What is 
the scope of this rulemaking?'' (see 79 FR 27241 at 27242-27245).

II. What comments were submitted on the proposed rulemaking?

    On August 31, 2017 (82 FR 41379), EPA proposed to approve the 
above-cited elements of Indiana's infrastructure SIP submission for the 
2012 PM2.5 NAAQS. In response to this proposed action, EPA 
received one comment from a person identifying as a ``citizen of 
Indiana and a law student.'' The commenter expressed support for EPA's 
proposed approval of the Indiana infrastructure SIP for the 
PM2.5 NAAQS, but ``encourage[d] some sort of change that 
would be stricter on states regarding localities.'' EPA thanks the 
commenter for her/his thoughts and support regarding rulemakings.

III. What action is EPA taking?

    EPA is taking final action to approve most elements of a submission 
from Indiana certifying that its current SIP is sufficient to meet the 
required infrastructure elements under section 110(a)(1) and (2) for 
the 2012 PM2.5 NAAQS. EPA's actions for the state's 
satisfaction of infrastructure SIP requirements, by element of section 
110(a)(2) and NAAQS, are contained in the table below.

------------------------------------------------------------------------
                                                                  2012
                           Element                               PM2.5
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(A)--Emission limits and other control measures..............        A
(B)--Ambient air quality monitoring/data system..............        A
(C)1--Program for enforcement of control measures............        A
(C)2--PSD....................................................        A
(D)1--I Prong 1: Interstate transport--significant                  NA
 contribution................................................
(D)2--I Prong 2: Interstate transport--interfere with               NA
 maintenance.................................................
(D)3--II Prong 3: Interstate transport--prevention of                A
 significant deterioration...................................
(D)4--II Prong 4: Interstate transport--protect visibility...       NA
(D)5--Interstate and international pollution abatement.......        A
(E)1--Adequate resources.....................................        A
(E)2--State board requirements...............................        A
(F)--Stationary source monitoring system.....................        A
(G)--Emergency power.........................................        A
(H)--Future SIP revisions....................................        A
(I)--Nonattainment planning requirements of part D...........      (*)
(J)1--Consultation with government officials.................        A
(J)2--Public notification....................................        A
(J)3--PSD....................................................        A
(J)4--Visibility protection..................................      (*)
(K)--Air quality modeling/data...............................        A
(L)--Permitting fees.........................................        A
(M)--Consultation and participation by affected local                A
 entities....................................................
------------------------------------------------------------------------

    In the above table, the key is as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
A.................................  Approve.
NA................................  No Action/Separate Rulemaking.
*.................................  Not germane to infrastructure SIPs.
------------------------------------------------------------------------

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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 April 2, 2018. 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

[[Page 4597]]

reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: January 17, 2018.
Cathy Stepp,
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 adding an 
entry in alphabetical order for ``Section 110(a)(2) infrastructure 
requirements for the 2012 PM2.5 NAAQS'' to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
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                 Title                   Indiana date          EPA approval                 Explanation
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                                                  * * * * * * *
Section 110(a)(2) infrastructure             6/10/2016  2/1/2018, [Insert Federal  This action addresses the
 requirements for the 2012 PM2.5 NAAQS.                  Register citation].        following CAA elements:
                                                                                    110(a)(2)(A), (B), (C),
                                                                                    (D)(i)(II) except
                                                                                    visibility, (D)(ii), (E),
                                                                                    (F), (G), (H), (J) except
                                                                                    visibility, (K), (L), and
                                                                                    (M).
 
                                                  * * * * * * *
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[FR Doc. 2018-01924 Filed 1-31-18; 8:45 am]
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