Approval and Promulgation of Air Quality Implementation Plans; Indiana; Particulate Matter Air Quality Standards, 23492-23495 [2013-09149]
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Background
List of Subjects in 36 CFR Part 219
In volume 77 of the Federal Register,
page 21162, April 9, 2012, (77 FR
21162) the United States Department of
Agriculture (Department) published a
final rule setting forth directions for
developing, amending, revising, and
monitoring land management plans (the
planning rule).
The National Forest Management Act
(NFMA) at 16 U.S.C. 1604(g)(3)(D)
requires planning regulations to specify
guidelines for land management plans
which ‘‘permit increases in harvest
levels based on intensified management
practices, such as reforestation,
thinning, and tree improvement’’ under
certain conditions. This provision
requires that the planning regulations
must permit such increases in harvest
levels if ‘‘(i) such practices justify
increasing the harvests in accordance
with the Multiple-Use Sustained-Yield
Act of 1960,’’ and ‘‘(ii) if such harvest
levels are decreased at the end of each
planning period if such practices cannot
be successfully implemented or funds
are not received to permit such practices
to continue substantially as planned.’’
Id. Because the planning rule did not
explicitly include this mandated
requirement, the Department is making
a technical amendment at 36 CFR
219.11(d)(6), to explicitly include this
requirement for intensified management
practices. Accordingly, section
219.11(d)(6) now contains, in an
introductory paragraph and paragraphs
(i) and (iii), the regulatory text that
appeared in the planning rule upon its
issuance in April, and paragraph (ii),
which contains new text tracking the
text of 16 U.S.C. 1604(g)(3)(D) of the
NFMA. This clarification does not have
any substantive legal effect but it simply
makes clear that the planning rule
complies with the NFMA’s requirement
that such rule allow for intensified
management practices as set forth in 16
U.S.C. 1604(g)(3)(D).
The Department has also concluded
that additional documentation under
the National Environmental Policy Act
is not necessary to make the decision to
make this rule amendment. There is no
need to consider the effects of an
explicit intensified-managementpractices provision among alternatives,
because such a provision would be
included in every alternative. See 16
U.S.C. 1604(g)(3)(D). Therefore, there is
no need to supplement the National
Forest System Land Management
Planning Rule Final Programmatic
Environmental Impact Statement of
January 2012.
Administrative practice and
procedure, Environmental impact
statements, Indians, Intergovernmental
relations, National forests, Reporting
and recordkeeping requirements,
Science and technology.
Accordingly 36 CFR part 219 is
corrected by making the following
correcting amendment:
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1. The authority citation for part 219
continues to read as follows:
■
Authority: 5 U.S.C. 301; 16 U.S.C. 1604,
1613.
2. In § 219.11 revise paragraph (d)(6)
to read as follows:
■
§ 219.11 Timber requirements based on
the NFMA.
*
*
*
*
*
(d) * * *
(6) The quantity of timber that may be
sold from the national forest is limited
to an amount equal to or less than that
which can be removed from such forest
annually in perpetuity on a sustained
yield basis. This limit may be measured
on a decadal basis.
(i) The plan may provide for
departures from this limit as provided
by the NFMA when departure would be
consistent with the plan’s desired
conditions and objectives. Exceptions
for departure from this limit on the
quantity sold may be made only after a
public review and comment period of at
least 90 days.
(ii) This limit may be based upon
increases in harvest levels based on
intensified management practices, such
as reforestation, thinning, and tree
improvement if such practices justify
increasing the harvests in accordance
with the Multiple-Use Sustained-Yield
Act of 1960. The plan must require that
such harvest levels be decreased at the
end of each planning period if such
practices cannot be successfully
implemented or funds are not received
to permit such practices to continue
substantially as planned.
(iii) The Chief must include in the
Forest Service Directive System
procedures for estimating the quantity
of timber that can be removed annually
in perpetuity on a sustained-yield basis,
and exceptions, consistent with 16
U.S.C. 1611.
*
*
*
*
*
Dated: March 13, 2013.
Thomas L. Tidwell,
Chief.
[FR Doc. 2013–08839 Filed 4–18–13; 8:45 am]
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40 CFR Part 52
[EPA–R05–OAR–2013–0083; FRL–9804–6]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Particulate Matter Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
PART 219—PLANNING
BILLING CODE 3410–11–P
ENVIRONMENTAL PROTECTION
AGENCY
EPA is approving a request
submitted by the Indiana Department of
Environmental Management (IDEM) on
January 30, 2013, to revise the Indiana
State Implementation Plan (SIP) for
particulate matter under the Clean Air
Act (CAA). This submission contains
the 24-hour fine particle (PM2.5)
National Ambient Air Quality Standards
(NAAQS) promulgated by EPA in 2006,
and removes the annual coarse particle
(PM10) NAAQS that EPA has previously
revoked. The submission also asks EPA
to approve into the SIP certain Federally
regulated criteria pollutant definitions
and abbreviations.
DATES: This direct final rule will be
effective June 18, 2013, unless EPA
receives adverse comments by May 20,
2013. 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–2013–0083 by one of the following
methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 408–2279.
4. Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section, (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 (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–2013–
SUMMARY:
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Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Rules and Regulations
0083. 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 www.regulations.gov
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 Andy
Chang, Environmental Engineer, 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,
chang.andy@epa.gov.
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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
A. When and why did the State make this
submission?
B. Did the State hold public hearings for
this submission?
II. What is EPA’s analysis of IDEM’s
submission?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
A. When and why did the State make
this submittal?
On January 30, 2013, IDEM submitted
as SIP revisions regulatory provisions
addressing the NAAQS for nitrogen
dioxide (NO2), sulfur dioxide (SO2),
PM10 and PM2.5. EPA will be taking
separate action on NO2 and SO2 in a
future rulemaking. In this notice, EPA is
addressing the submission with regard
to the current primary and secondary
24-hour NAAQS for PM2.5,1 which were
published in the Federal Register on
October 17, 2006 (see 71 FR 61144) and
codified at 40 CFR 50.13, ‘‘National
primary and secondary ambient air
quality standards for PM2.5.’’ In the
submission, IDEM has also requested
that EPA remove from the SIP the
annual PM10 NAAQS that EPA revoked
on July 1, 2006. At the State level, these
provisions regarding PM2.5 and PM10
became effective on January 18, 2013.
IDEM’s revisions ensure consistency
between the State and Federal
definitions of the PM2.5 and PM10
NAAQS, as well as in the determination
of attainment of those NAAQS.
The January 30, 2013, submission also
includes a list of the Federally regulated
criteria pollutant definitions and
abbreviations to be used in a rule that
delineates attainment status
designations for each county in Indiana.
These definitions became effective at
the State level on January 18, 2013, and
are intended to serve as a key or
glossary for the remainder of the rule. In
this rulemaking notice, EPA will be
taking action on the definitions and
abbreviations related to PM2.5 and PM10.
B. Did the State hold public hearings for
this submission?
A public hearing for these revisions
was held on November 7, 2012. No
comments were received at this hearing.
1 Note that on January 15, 2013, the revised
primary annual PM2.5 NAAQS was published in the
Federal Register (see 78 FR 3086). The State’s
submissions, as well as today’s rulemaking, do not
extend to this NAAQS.
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II. What is EPA’s analysis of IDEM’s
submission?
On October 17, 2006, revisions to the
24-hour PM2.5 NAAQS were published
in the Federal Register (see 71 FR
61144). The primary (health-based)
PM2.5 NAAQS was strengthened to 35
micrograms per cubic meter (mg/m3),
measured as a 24-hour average
concentration. The secondary (welfarebased) PM2.5 NAAQS was revised to be
identical to the primary PM2.5 NAAQS.
EPA codified these revisions at 40 CFR
50.13.
Under 40 CFR 50.13(a), ambient 24hour average PM2.5 concentrations are to
be measured by either: (1) A reference
method based on appendix L to 40 CFR
part 50 (‘‘Reference Method for the
Determination of Fine Particulate Matter
as PM2.5 in the Atmosphere’’) and
designated in accordance with 40 CFR
part 53 (‘‘Ambient Air Monitoring
Reference and Equivalent Methods’’); or
(2) an equivalent method designated in
accordance with 40 CFR part 53. In
addition, under 40 CFR 50.13(c),
determinations as to whether the 24hour PM2.5 standards have been met are
to be made in accordance with the data
handling conventions and computations
in 40 CFR part 50, appendix N
(‘‘Interpretation of the National Ambient
Air Quality Standards for PM2.5’’).
In IDEM’s January 30, 2013,
submission, the State requested that
EPA approve 326 Indiana
Administrative Code (IAC) 1–3–4 (b)(8),
as revised to reflect EPA’s revised
primary and secondary 24-hour PM2.5
NAAQS. IDEM’s requested revisions are
substantively identical to the provisions
contained in 40 CFR 50.13. Specifically,
the definition of the NAAQS, the
calculations for determining attainment
of the NAAQS, and the mechanism to
measure ambient concentrations of
PM2.5 are consistent with 40 CFR 50.13.
IDEM’s rule contains the primary and
secondary 24-hour PM2.5 NAAQS of 35
mg/m3, which are achieved when 98th
percentile 24-hour average
concentration is equal to, or less than,
35 mg/m3, as determined in accordance
with appendix N to 40 CFR part 50.
Indiana has incorporated appendix N by
reference into the SIP.
Indiana’s submission also
incorporates by reference appendix L to
40 CFR part 50, which contains the data
handling conventions and computations
for determining whether the 24-hour
PM2.5 NAAQS have been met. It should
be noted, however, that a determination
of what constitutes a ‘‘Federal
Equivalent Method’’ under 40 CFR
50.13(a)(2) can only be made by the
Administrator of EPA.
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On July 1, 2006, EPA revoked the
annual PM10 NAAQS (see 71 FR 61144).
Indiana has requested that EPA remove
the portions of 326 IAC 1–3–4(b)(7) that
contain or make reference to the former
annual PM10 NAAQS.
Aligning State and Federal ambient
air quality standards, calculations for
compliance, and ambient concentration
collection methods ensure consistency
between EPA’s and IDEM’s PM2.5 and
PM10 NAAQS. Because the State has
adopted regulations that are wholly
consistent with the Federal NAAQS,
EPA concludes that IDEM’s requested
revision concerning the incorporation of
the 24-hour PM2.5 NAAQS is
approvable. EPA also concludes that
IDEM’s requested removal of the annual
PM10 NAAQS is approvable.
Indiana also requests in its
submission that EPA approve a list of
Federally regulated criteria pollutant
definitions and abbreviations into the
SIP, specifically at 326 IAC 1–4–1.
These terms include ‘‘SO2’’, ‘‘CO’’
(carbon monoxide), ‘‘O3’’ (ozone),
‘‘NO2’’, and ‘‘Pb’’ (lead). Indiana has
requested that ‘‘PM10’’ have the meaning
set forth in 326 IAC 1–2–52.4 and that
‘‘PM2.5’’ has the meaning set forth in 326
IAC 1–2–52.2. EPA has previously
approved both 326 IAC 1–2–52.2 and
326 IAC 1–2–52.4 into the SIP, and
IDEM is not seeking to revise those
definitions. Because this list of terms
and abbreviations are wholly consistent
at the State and Federal levels, and are
meant as a clarification for future SIP
submissions related to 326 IAC 1–4–1,
EPA concludes that this requested
revision is approvable.
III. What action is EPA taking?
EPA is approving portions of a
submission from IDEM that contains the
Federally promulgated 24-hour PM2.5
NAAQS codified at 40 CFR 50.13 and
removes a portion of Indiana’s SIP as it
relates to the annual PM10 NAAQS, as
EPA revoked this particular NAAQS in
2006. Finally, EPA is approving
portions of the January 30, 2013,
submission from Indiana that add a list
of criteria pollutant definitions and
acronyms to Indiana’s rules that relate
to concerning attainment status
designations.
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 June 18, 2013 without further
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notice unless we receive relevant
adverse written comments by May 20,
2013. 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;
therefore, any parties interested in
commenting on this action should do so
at this time. If we do not receive any
comments, this action will be effective
June 18, 2013.
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 CAA; and
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• 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 June 18, 2013. 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, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
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matter, Reporting and recordkeeping
requirements, Sulfur oxides.
2. In § 52.770 the table in paragraph
(c) is amended by revising the entry for
‘‘1–3–4’’ and adding a new entry in
numerical order for ‘‘1–4–1’’ to read as
follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Dated: April 4, 2013.
Susan Hedman,
Regional Administrator, Region 5.
1. The authority citation for part 52
continues to read as follows:
■
40 CFR part 52 is amended as follows:
§ 52.770
Authority: 42 U.S.C. 7401 et seq.
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED INDIANA REGULATIONS
Indiana
citation
Indiana
effective
date
Subject
*
*
*
EPA approval date
*
Notes
*
*
*
*
*
*
Rule 3. Ambient Air Quality Standards
*
*
1–3–4 ....................
*
*
*
Ambient air quality standards ........................................
*
*
1/18/2013
*
4/19/2013, [INSERT PAGE
NUMBER WHERE THE
DOCUMENT BEGINS].
*
*
(b)(7) and (b)(8) only.
*
Rule 4. Attainment Status Designations
1–4–1 ....................
*
Definitions .......................................................................
*
*
[FR Doc. 2013–09149 Filed 4–18–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2012–0073; FRL–9790–4]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Small Container Exemption from VOC
Coating Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a revision to
the Illinois State Implementation plan
(SIP) submitted by the Illinois
Environmental Protection Agency
(Illinois EPA) on November 14, 2011.
This SIP revision consists of
amendments to the Illinois
Administrative Code (Ill. Adm. Code) by
adding a ‘‘small container exemption’’
for pleasure craft surface coating
operations in the Chicago and MetroEast St. Louis 8-hour ozone
nonattainment areas. These exemptions
are approvable because they are
consistent with EPA volatile organic
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SUMMARY:
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*
4/19/2013, [INSERT PAGE
NUMBER WHERE THE
DOCUMENT BEGINS].
*
compound (VOC) reasonably available
control technology (RACT) policy.
DATES: This final rule is effective on
May 20, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2012–0073. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information may not be 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 Steven
Rosenthal, Environmental Engineer, at
(312) 886–6052 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Steven Rosenthal, Environmental
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*
*
Engineer, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6052.
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 public comments were received on
the proposed approval and what is EPA’s
response?
II. What action is EPA taking today?
III. Statutory and Executive Order Reviews
I. What public comments were received
on the proposed approval and what is
EPA’s response?
A comment was submitted on April
16, 2012, by a Kentucky resident. As a
result of this comment, the direct final
approval published on April 16, 2012,
(77 FR 22497) was withdrawn. His
comment is that EPA should determine,
pursuant to Clean Air Act (CAA) section
110(l), what impact this exemption will
have on St. Louis and Chicago attaining
the 2008 National Ambient Air Quality
Standard (NAAQS) as soon as
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]]>Agencies
[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Rules and Regulations]
[Pages 23492-23495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09149]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2013-0083; FRL-9804-6]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Particulate Matter Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a request submitted by the Indiana Department
of Environmental Management (IDEM) on January 30, 2013, to revise the
Indiana State Implementation Plan (SIP) for particulate matter under
the Clean Air Act (CAA). This submission contains the 24-hour fine
particle (PM2.5) National Ambient Air Quality Standards
(NAAQS) promulgated by EPA in 2006, and removes the annual coarse
particle (PM10) NAAQS that EPA has previously revoked. The
submission also asks EPA to approve into the SIP certain Federally
regulated criteria pollutant definitions and abbreviations.
DATES: This direct final rule will be effective June 18, 2013, unless
EPA receives adverse comments by May 20, 2013. 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-2013-0083 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 408-2279.
4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, (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 (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-
2013-
[[Page 23493]]
0083. 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
www.regulations.gov 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 Andy Chang, Environmental Engineer, 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, chang.andy@epa.gov.
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
A. When and why did the State make this submission?
B. Did the State hold public hearings for this submission?
II. What is EPA's analysis of IDEM's submission?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
A. When and why did the State make this submittal?
On January 30, 2013, IDEM submitted as SIP revisions regulatory
provisions addressing the NAAQS for nitrogen dioxide (NO2),
sulfur dioxide (SO2), PM10 and PM2.5.
EPA will be taking separate action on NO2 and SO2
in a future rulemaking. In this notice, EPA is addressing the
submission with regard to the current primary and secondary 24-hour
NAAQS for PM2.5,\1\ which were published in the Federal
Register on October 17, 2006 (see 71 FR 61144) and codified at 40 CFR
50.13, ``National primary and secondary ambient air quality standards
for PM2.5.'' In the submission, IDEM has also requested that
EPA remove from the SIP the annual PM10 NAAQS that EPA
revoked on July 1, 2006. At the State level, these provisions regarding
PM2.5 and PM10 became effective on January 18,
2013. IDEM's revisions ensure consistency between the State and Federal
definitions of the PM2.5 and PM10 NAAQS, as well
as in the determination of attainment of those NAAQS.
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\1\ Note that on January 15, 2013, the revised primary annual
PM2.5 NAAQS was published in the Federal Register (see 78
FR 3086). The State's submissions, as well as today's rulemaking, do
not extend to this NAAQS.
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The January 30, 2013, submission also includes a list of the
Federally regulated criteria pollutant definitions and abbreviations to
be used in a rule that delineates attainment status designations for
each county in Indiana. These definitions became effective at the State
level on January 18, 2013, and are intended to serve as a key or
glossary for the remainder of the rule. In this rulemaking notice, EPA
will be taking action on the definitions and abbreviations related to
PM2.5 and PM10.
B. Did the State hold public hearings for this submission?
A public hearing for these revisions was held on November 7, 2012.
No comments were received at this hearing.
II. What is EPA's analysis of IDEM's submission?
On October 17, 2006, revisions to the 24-hour PM2.5
NAAQS were published in the Federal Register (see 71 FR 61144). The
primary (health-based) PM2.5 NAAQS was strengthened to 35
micrograms per cubic meter ([mu]g/m\3\), measured as a 24-hour average
concentration. The secondary (welfare-based) PM2.5 NAAQS was
revised to be identical to the primary PM2.5 NAAQS. EPA
codified these revisions at 40 CFR 50.13.
Under 40 CFR 50.13(a), ambient 24-hour average PM2.5
concentrations are to be measured by either: (1) A reference method
based on appendix L to 40 CFR part 50 (``Reference Method for the
Determination of Fine Particulate Matter as PM2.5 in the
Atmosphere'') and designated in accordance with 40 CFR part 53
(``Ambient Air Monitoring Reference and Equivalent Methods''); or (2)
an equivalent method designated in accordance with 40 CFR part 53. In
addition, under 40 CFR 50.13(c), determinations as to whether the 24-
hour PM2.5 standards have been met are to be made in
accordance with the data handling conventions and computations in 40
CFR part 50, appendix N (``Interpretation of the National Ambient Air
Quality Standards for PM2.5'').
In IDEM's January 30, 2013, submission, the State requested that
EPA approve 326 Indiana Administrative Code (IAC) 1-3-4 (b)(8), as
revised to reflect EPA's revised primary and secondary 24-hour
PM2.5 NAAQS. IDEM's requested revisions are substantively
identical to the provisions contained in 40 CFR 50.13. Specifically,
the definition of the NAAQS, the calculations for determining
attainment of the NAAQS, and the mechanism to measure ambient
concentrations of PM2.5 are consistent with 40 CFR 50.13.
IDEM's rule contains the primary and secondary 24-hour
PM2.5 NAAQS of 35 [mu]g/m\3\, which are achieved when 98th
percentile 24-hour average concentration is equal to, or less than, 35
[mu]g/m\3\, as determined in accordance with appendix N to 40 CFR part
50. Indiana has incorporated appendix N by reference into the SIP.
Indiana's submission also incorporates by reference appendix L to
40 CFR part 50, which contains the data handling conventions and
computations for determining whether the 24-hour PM2.5 NAAQS
have been met. It should be noted, however, that a determination of
what constitutes a ``Federal Equivalent Method'' under 40 CFR
50.13(a)(2) can only be made by the Administrator of EPA.
[[Page 23494]]
On July 1, 2006, EPA revoked the annual PM10 NAAQS (see
71 FR 61144). Indiana has requested that EPA remove the portions of 326
IAC 1-3-4(b)(7) that contain or make reference to the former annual
PM10 NAAQS.
Aligning State and Federal ambient air quality standards,
calculations for compliance, and ambient concentration collection
methods ensure consistency between EPA's and IDEM's PM2.5
and PM10 NAAQS. Because the State has adopted regulations
that are wholly consistent with the Federal NAAQS, EPA concludes that
IDEM's requested revision concerning the incorporation of the 24-hour
PM2.5 NAAQS is approvable. EPA also concludes that IDEM's
requested removal of the annual PM10 NAAQS is approvable.
Indiana also requests in its submission that EPA approve a list of
Federally regulated criteria pollutant definitions and abbreviations
into the SIP, specifically at 326 IAC 1-4-1. These terms include
``SO2'', ``CO'' (carbon monoxide), ``O3''
(ozone), ``NO2'', and ``Pb'' (lead). Indiana has requested
that ``PM10'' have the meaning set forth in 326 IAC 1-2-52.4
and that ``PM2.5'' has the meaning set forth in 326 IAC 1-2-
52.2. EPA has previously approved both 326 IAC 1-2-52.2 and 326 IAC 1-
2-52.4 into the SIP, and IDEM is not seeking to revise those
definitions. Because this list of terms and abbreviations are wholly
consistent at the State and Federal levels, and are meant as a
clarification for future SIP submissions related to 326 IAC 1-4-1, EPA
concludes that this requested revision is approvable.
III. What action is EPA taking?
EPA is approving portions of a submission from IDEM that contains
the Federally promulgated 24-hour PM2.5 NAAQS codified at 40
CFR 50.13 and removes a portion of Indiana's SIP as it relates to the
annual PM10 NAAQS, as EPA revoked this particular NAAQS in
2006. Finally, EPA is approving portions of the January 30, 2013,
submission from Indiana that add a list of criteria pollutant
definitions and acronyms to Indiana's rules that relate to concerning
attainment status designations.
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 June 18, 2013
without further notice unless we receive relevant adverse written
comments by May 20, 2013. 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;
therefore, any parties interested in commenting on this action should
do so at this time. If we do not receive any comments, this action will
be effective June 18, 2013.
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 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 June 18, 2013. 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, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
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matter, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: April 4, 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 revising
the entry for ``1-3-4'' and adding a new entry in numerical order for
``1-4-1'' to read as follows:
Sec. 52.770 Identification of plan.
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(c) * * *
EPA-Approved Indiana Regulations
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Indiana effective
Indiana citation Subject date EPA approval date Notes
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Rule 3. Ambient Air Quality Standards
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1-3-4............................ Ambient air quality 1/18/2013 4/19/2013, [INSERT PAGE NUMBER WHERE (b)(7) and (b)(8) only.
standards. THE DOCUMENT BEGINS].
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Rule 4. Attainment Status Designations
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1-4-1............................ Definitions.............. 1/18/2013 4/19/2013, [INSERT PAGE NUMBER WHERE ..............................
THE DOCUMENT BEGINS].
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[FR Doc. 2013-09149 Filed 4-18-13; 8:45 am]
BILLING CODE 6560-50-P
