Approval and Promulgation of Air Quality Implementation Plans; Indiana; Sulfur Dioxide and Nitrogen Dioxide Ambient Air Quality Standards, 28143-28146 [2013-11296]
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Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations
§ 17.37 Enrollment not required—
provision of hospital and outpatient care to
veterans.
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§ 17.110
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(k) A veteran may receive care for
psychosis or mental illness other than
psychosis pursuant to 38 CFR 17.109.
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4. Amend § 17.108 by adding
paragraph (d)(12) to read as follows:
§ 17.108 Copayments for inpatient hospital
care and outpatient medical care.
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(d) * * *
(12) A veteran receiving care for
psychosis or a mental illness other than
psychosis pursuant to § 17.109.
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5. Add § 17.109 to read as follows:
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§ 17.111 Copayments for extended care
services.
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(f) * * *
(9) A veteran receiving care for
psychosis or a mental illness other than
psychosis pursuant to § 17.109.
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BILLING CODE 8320–01–P
(a) Psychosis. Eligibility for benefits
under this part is established by this
section for treatment of an active
psychosis, and such condition is
exempted from copayments under
§§ 17.108, 17.110, and 17.111 for any
veteran of World War II, the Korean
conflict, the Vietnam era, or the Persian
Gulf War who developed such
psychosis:
(1) Within 2 years after discharge or
release from the active military, naval,
or air service; and
(2) Before the following date
associated with the war or conflict in
which he or she served:
(i) World War II: July 26, 1949.
(ii) Korean conflict: February 1, 1957.
(iii) Vietnam era: May 8, 1977.
(iv) Persian Gulf War: The end of the
2-year period beginning on the last day
of the Persian Gulf War.
(b) Mental illness (other than
psychosis). Eligibility under this part is
established by this section for treatment
of an active mental illness (other than
psychosis), and such condition is
exempted from copayments under
§§ 17.108, 17.110, and 17.111 for any
veteran of the Persian Gulf War who
developed such mental illness other
than psychosis:
(1) Within 2 years after discharge or
release from the active military, naval,
or air service; and
(2) Before the end of the 2-year period
beginning on the last day of the Persian
Gulf War.
(c) No minimum service required.
Eligibility for care and waiver of
copayments will be established under
this section without regard to the
veteran’s length of active-duty service.
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(c) * * *
(10) A veteran receiving care for
psychosis or a mental illness other than
psychosis pursuant to § 17.109.
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■ 7. Amend § 17.111 by adding
paragraph (f)(9) to read as follows:
[FR Doc. 2013–11410 Filed 5–13–13; 8:45 am]
§ 17.109 Presumptive eligibility for
psychosis and mental illness other than
psychosis.
Authority: (38 U.S.C. 501, 1702, 5303A)
Copayments for medication.
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6. Amend § 17.110 by adding
paragraph (c)(10) to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0406; EPA–R05–
OAR–2013–0083; FRL–9811–6]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Sulfur Dioxide and Nitrogen Dioxide
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving a request
submitted by the Indiana Department of
Environmental Management (IDEM) on
April 15, 2011, and supplemented on
January 30, 2013, to revise the Indiana
state implementation plan (SIP) for
nitrogen dioxide (NO2) and sulfur
dioxide (SO2) under the Clean Air Act
(CAA). This submittal consists of
revisions to the Indiana Administrative
Code (IAC) that amend the national
ambient air quality standards (NAAQS)
for NO2 and SO2 to be consistent with
the NAAQS that EPA promulgated in
2010.
DATES: This direct final rule will be
effective July 15, 2013, unless EPA
receives adverse comments by June 13,
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 Nos. EPA–R05–
OAR–2011–0406, EPA–R05–OAR–
2013–0083 by one of the following
methods:
SUMMARY:
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28143
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies 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 Nos. EPA–R05–OAR–2011–
0406, EPA–R05–OAR–2013–0083.
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
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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 Charles
Hatten, Environmental Engineer, at
(312) 886–6031 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031,
hatten.charles@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
submittal?
B. Did the State hold public hearings for
this SIP revision?
II. How were the NO2 and SO2 NAAQS
revised by EPA?
III. What are the revisions that the State
requested?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Background
A. When and why did the State make
this submittal?
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Indiana’s April 15, 2011, submittal,
supplemented on January 30, 2013,
revises its existing IAC to be consistent
with the Federal primary and secondary
NAAQS for NO2, and SO2, which were
published in the Federal Register,
respectively, on February 9, 2010, (75
FR 6474) and June 22, 2010, (75 FR
35520) and codified in 40 CFR part 50.
At the state level, these provisions
became effective on January 16, 2013.
B. Did the State hold public hearings for
this SIP revision?
Public hearings for the NO2, and SO2
NAAQS revision were held on
December 10, 2010, and November 7,
2012. No comments were received at
these hearings.
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II. How were the NO2 and SO2 NAAQS
revised by EPA?
(2) an equivalent method designated by
EPA in accordance with 40 CFR part 53.
Nitrogen Dioxide (NO2)
III. What are the revisions that the State
requested?
The State has requested that EPA
approve the following SIP revision to
reflect EPA’s revised primary and
secondary SO2 and NO2 NAAQS:
On February 9, 2010, revisions to the
NO2 NAAQS were published in the
Federal Register (73 FR 6474) and
codified at 40 CFR 50.11. EPA
strengthened the primary (health-based)
NO2 NAAQS by adding a 1-hour NO2
standard of 100 parts per billion (ppb)
and retaining the annual average of 53
ppb. This new standard is achieved
when the 3-year average of the annual
98th percentile of the daily maximum 1hour average concentration is less than
or equal to 100 ppb, as determined in
accordance with 40 CFR part 50,
appendix S. Under 40 CFR 50.11(d),
ambient NO2 concentrations are to be
measured by either: (1) A Federal
reference method based on appendix F
to 40 CFR part 50; or (2) by a Federal
equivalent method designated in
accordance with 40 CFR part 53. In
addition, under 40 CFR 50.11(f),
determinations as to whether the NO2
standards have been met are to be made
in accordance with the data handling
conventions and computations in 40
CFR part 50, appendix S, ‘‘Interpretation
of the Primary National Ambient Air
Quality Standards for Oxides of
Nitrogen (NO2).’’
Sulfur dioxide (SO2)
On June 22, 2010, revisions to the SO2
NAAQS were published in the Federal
Register (73 FR 35520) and codified at
40 CFR 50.17. EPA strengthened the
primary (health-based) SO2 NAAQS by
adding a 1-hour SO2 standard at 75 ppb
to reduce exposure to high short-term
(five minutes to 24 hours)
concentrations of SO2. EPA revoked the
two existing primary standards of 140
ppb averaged over a 24-hour period, and
30 ppb averaged over a year after
determining that they did not provide
any health benefits in addition to those
provided by the 1-hour standard of 75
ppb. The 1-hour standard is achieved
when the 3-year average of the 99th
percentile of the annual distribution of
the daily maximum 1-hour average
concentrations is less than or equal to
the 75 ppb, as determined in accordance
with 40 CFR part 50, appendix T
(Interpretation of the Primary National
Ambient Air Quality Standards for
Oxides of Sulfur, as SO2). Under 40 CFR
50.17, ambient SO2 concentrations are
to be measured by either: (1) A Federal
reference method based on appendix A–
1 or appendix A–2 (Measurement
Principle and Calibration Procedure for
the Measurement of Sulfur Dioxide in
the Atmosphere) to 40 CFR part 50; or
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A. Rule 326 IAC 1–3–4(b)(1), Ambient air
quality standards for ‘‘Sulfur oxides as
(SO2).’’ The revisions IDEM made are
consistent with the provisions contained in
40 CFR 50.17. IDEM updated 326 IAC 1–3–
4(b)(1)(A) to contain the revised primary
NAAQS for SO2, and deleted language that
referenced standards EPA revoked, as well as
outdated Federal Register citations and test
methods for the primary NAAQS for SO2.
IDEM also amended 326 IAC 1–3–4(b)(1)(B),
making it consistent with the provisions in
40 CFR 50.5(a) through (c), thereby, updating
its reference to the procedures to determine
compliance with the secondary NAAQS for
SO2. EPA finds the revision approvable.
Rule 326 IAC 1–3–4(b)(5), Ambient air
quality standards for ‘‘Nitrogen dioxide
(NO2).’’ The revisions IDEM made are
consistent with the provisions
contained in 40 CFR 50.11. IDEM made
corrections to 326 IAC 1–3–4(b)(5)(A) to
add the revised primary NAAQS in the
rule for NO2, and 326 IAC 1–3–
4(b)(5)(B) to delete language including
references to outdated Federal Register
citations and test methods for the
primary ambient air quality standards
for NO2. IDEM also amended 326 IAC 1–
3–4(b)(5)(C), making it consistent with
the provisions in 40 CFR 50.11 (b)
through (g), thereby, updating its
reference to the procedures to determine
compliance with the secondary NAAQS
for NO2. EPA finds the revision
approvable.
IV. What action is EPA taking?
EPA is approving revisions to the
Indiana SIP to amend and update 326
IAC 1–3–4 to include the NAAQS for
NO2 and SO2, as codified at 40 CFR part
50.
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 July 15, 2013 without further
notice unless we receive relevant
adverse written comments by June 13,
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
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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
July 15, 2013.
V. 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
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 July 15, 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, Incorporation by
reference, Lead, Reporting and
recordkeeping requirements.
Dated: April 29, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.770 the table in paragraph
(c) is amended by revising the entry for
‘‘1–3–4’’ to read as follows:
■
§ 52.770
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Identification of plan.
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EPA-APPROVED INDIANA REGULATIONS
Indiana
effective
date
Subject
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1–3–4 .......................................
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Indiana citation
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EPA approval date
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DOCUMENT BEGINS].
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28146
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Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations
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BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 940846–4348]
RIN 0648–XC683
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp
Fishery of the Gulf of Mexico; Texas
Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS announces an
adjustment to the start of the annual
closure of the shrimp fishery in the
exclusive economic zone (EEZ) off
Texas. The closure is normally from
May 15 to July 15 each year. For 2013,
the closure will begin on May 23. The
Texas closure is intended to prohibit the
harvest of brown shrimp during the
major period of emigration of these
shrimp from Texas estuaries to the Gulf
of Mexico (Gulf) so the shrimp may
reach a larger, more valuable size and to
prevent the waste of brown shrimp that
would be discarded in fishing
operations because of their small size.
DATES: Effective 30 minutes after sunset,
May 23, 2013, to 30 minutes after
sunset, July 15, 2013, unless the latter
date is changed through notification in
the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Steve Branstetter, telephone: 727–824–
5305, email:
Steve.Branstetter@noaa.gov.
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SUMMARY:
VerDate Mar<15>2010
15:25 May 13, 2013
The Gulf
shrimp fishery is managed under the
Fishery Management Plan for the
Shrimp Fishery of the Gulf of Mexico
(FMP). The FMP was prepared by the
Gulf of Mexico Fishery Management
Council and is implemented by
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations at 50 CFR 622.55(a)
describe the Texas closure and provide
for adjustments to the start and end
dates by the Regional Administrator,
Southeast Region, NMFS, (RA) under
specified criteria.
The Texas closure in Federal waters is
set to coincide with the Texas closure in
state waters, after a determination has
been made by Texas Parks and Wildlife
Department (TPWD) of the start date of
the closure. The start and end dates of
the Texas closure are based on
biological sampling by TPWD. This
sampling is used to project when brown
shrimp in Texas bays and estuaries will
reach a mean size of 3.54 in (90 mm),
and begin strong emigrations out of the
bays and estuaries during maximum
duration ebb tides. Sampling during the
spring of 2013 indicates that brown
shrimp will be leaving the Texas
estuaries later than normal. Thus, state
waters off Texas will close starting 30
minutes after sunset on May 23, 2013.
NMFS, therefore, will also close Federal
waters off Texas starting 30 minutes
after sunset on May 23, 2013. NMFS is
adjusting the closure date to maximize
fishing opportunities in Federal waters
to shrimp trawling. During the closure,
the EEZ off Texas is closed to all trawl
fishing, except for vessels trawling for
royal red shrimp beyond the 100-fathom
(183-m) depth contour.
The end date of the Texas closure is
based on continued sampling by TPWD
to develop projections of when brown
shrimp will reach a mean size of 4.41
in (112 mm), and when maximum
duration ebb tides will occur. If there is
SUPPLEMENTARY INFORMATION:
[FR Doc. 2013–11296 Filed 5–13–13; 8:45 am]
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a need to adjust the July 15 date for the
end of the closure, notification of the
revised end date will be published in
the Federal Register.
Classification
The RA has determined this
temporary rule is necessary for the
conservation and management of the
Gulf shrimp fishery and is consistent
with the Magnuson-Stevens Act, the
FMP, and other applicable laws.
This action is taken under 50 CFR
622.55(a) and is exempt from review
under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive the requirements
to provide prior notice and opportunity
for public comment on this temporary
rule. Such procedures are unnecessary
because regulations to adjust the start
date of the annual closure of the shrimp
fishery in the EEZ off Texas, located at
50 CFR 622.55(a), have already been
subject to notice and comment and
authorize the RA to adjust the closing
and/or opening date of the Texas
closure by filing a notification with the
Office of the Federal Register. All that
remains is to notify the public of the
adjusted closing date of the Texas
closure for Gulf shrimp for the 2013
fishing year.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: May 9, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–11403 Filed 5–13–13; 8:45 am]
BILLING CODE 3510–22–P
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[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Rules and Regulations]
[Pages 28143-28146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11296]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2011-0406; EPA-R05-OAR-2013-0083; FRL-9811-6]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Sulfur Dioxide and Nitrogen Dioxide Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a request submitted by the Indiana Department
of Environmental Management (IDEM) on April 15, 2011, and supplemented
on January 30, 2013, to revise the Indiana state implementation plan
(SIP) for nitrogen dioxide (NO2) and sulfur dioxide
(SO2) under the Clean Air Act (CAA). This submittal consists
of revisions to the Indiana Administrative Code (IAC) that amend the
national ambient air quality standards (NAAQS) for NO2 and
SO2 to be consistent with the NAAQS that EPA promulgated in
2010.
DATES: This direct final rule will be effective July 15, 2013, unless
EPA receives adverse comments by June 13, 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 Nos. EPA-R05-
OAR-2011-0406, 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: blakley.pamela@epa.gov.
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, (AR-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 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 Nos. EPA-R05-OAR-
2011-0406, EPA-R05-OAR-2013-0083. 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
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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 Charles Hatten, Environmental Engineer,
at (312) 886-6031 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6031,
hatten.charles@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 submittal?
B. Did the State hold public hearings for this SIP revision?
II. How were the NO2 and SO2 NAAQS revised by
EPA?
III. What are the revisions that the State requested?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Background
A. When and why did the State make this submittal?
Indiana's April 15, 2011, submittal, supplemented on January 30,
2013, revises its existing IAC to be consistent with the Federal
primary and secondary NAAQS for NO2, and SO2,
which were published in the Federal Register, respectively, on February
9, 2010, (75 FR 6474) and June 22, 2010, (75 FR 35520) and codified in
40 CFR part 50. At the state level, these provisions became effective
on January 16, 2013.
B. Did the State hold public hearings for this SIP revision?
Public hearings for the NO2, and SO2 NAAQS
revision were held on December 10, 2010, and November 7, 2012. No
comments were received at these hearings.
II. How were the NO2 and SO2 NAAQS revised by
EPA?
Nitrogen Dioxide (NO2)
On February 9, 2010, revisions to the NO2 NAAQS were
published in the Federal Register (73 FR 6474) and codified at 40 CFR
50.11. EPA strengthened the primary (health-based) NO2 NAAQS
by adding a 1-hour NO2 standard of 100 parts per billion
(ppb) and retaining the annual average of 53 ppb. This new standard is
achieved when the 3-year average of the annual 98th percentile of the
daily maximum 1-hour average concentration is less than or equal to 100
ppb, as determined in accordance with 40 CFR part 50, appendix S. Under
40 CFR 50.11(d), ambient NO2 concentrations are to be
measured by either: (1) A Federal reference method based on appendix F
to 40 CFR part 50; or (2) by a Federal equivalent method designated in
accordance with 40 CFR part 53. In addition, under 40 CFR 50.11(f),
determinations as to whether the NO2 standards have been met
are to be made in accordance with the data handling conventions and
computations in 40 CFR part 50, appendix S, ``Interpretation of the
Primary National Ambient Air Quality Standards for Oxides of Nitrogen
(NO2).''
Sulfur dioxide (SO2)
On June 22, 2010, revisions to the SO2 NAAQS were
published in the Federal Register (73 FR 35520) and codified at 40 CFR
50.17. EPA strengthened the primary (health-based) SO2 NAAQS
by adding a 1-hour SO2 standard at 75 ppb to reduce exposure
to high short-term (five minutes to 24 hours) concentrations of
SO2. EPA revoked the two existing primary standards of 140
ppb averaged over a 24-hour period, and 30 ppb averaged over a year
after determining that they did not provide any health benefits in
addition to those provided by the 1-hour standard of 75 ppb. The 1-hour
standard is achieved when the 3-year average of the 99th percentile of
the annual distribution of the daily maximum 1-hour average
concentrations is less than or equal to the 75 ppb, as determined in
accordance with 40 CFR part 50, appendix T (Interpretation of the
Primary National Ambient Air Quality Standards for Oxides of Sulfur, as
SO2). Under 40 CFR 50.17, ambient SO2
concentrations are to be measured by either: (1) A Federal reference
method based on appendix A-1 or appendix A-2 (Measurement Principle and
Calibration Procedure for the Measurement of Sulfur Dioxide in the
Atmosphere) to 40 CFR part 50; or (2) an equivalent method designated
by EPA in accordance with 40 CFR part 53.
III. What are the revisions that the State requested?
The State has requested that EPA approve the following SIP revision
to reflect EPA's revised primary and secondary SO2 and
NO2 NAAQS:
A. Rule 326 IAC 1-3-4(b)(1), Ambient air quality standards for
``Sulfur oxides as (SO2).'' The revisions IDEM made are
consistent with the provisions contained in 40 CFR 50.17. IDEM
updated 326 IAC 1-3-4(b)(1)(A) to contain the revised primary NAAQS
for SO2, and deleted language that referenced standards
EPA revoked, as well as outdated Federal Register citations and test
methods for the primary NAAQS for SO2. IDEM also amended
326 IAC 1-3-4(b)(1)(B), making it consistent with the provisions in
40 CFR 50.5(a) through (c), thereby, updating its reference to the
procedures to determine compliance with the secondary NAAQS for
SO2. EPA finds the revision approvable.
Rule 326 IAC 1-3-4(b)(5), Ambient air quality standards for ``Nitrogen
dioxide (NO2).'' The revisions IDEM made are consistent with
the provisions contained in 40 CFR 50.11. IDEM made corrections to 326
IAC 1-3-4(b)(5)(A) to add the revised primary NAAQS in the rule for
NO2, and 326 IAC 1-3-4(b)(5)(B) to delete language including
references to outdated Federal Register citations and test methods for
the primary ambient air quality standards for NO2. IDEM also
amended 326 IAC 1-3-4(b)(5)(C), making it consistent with the
provisions in 40 CFR 50.11 (b) through (g), thereby, updating its
reference to the procedures to determine compliance with the secondary
NAAQS for NO2. EPA finds the revision approvable.
IV. What action is EPA taking?
EPA is approving revisions to the Indiana SIP to amend and update
326 IAC 1-3-4 to include the NAAQS for NO2 and
SO2, as codified at 40 CFR part 50.
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 July 15, 2013
without further notice unless we receive relevant adverse written
comments by June 13, 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
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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 July 15, 2013.
V. 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 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 July 15, 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, Incorporation by
reference, Lead, Reporting and recordkeeping requirements.
Dated: April 29, 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'' to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective EPA approval date Notes
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1-3-4............................ Ambient air quality 1/16/2013 5/14/2013, [INSERT ....................
standards. PAGE NUMBER WHERE
THE DOCUMENT
BEGINS].
* * * * * * *
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[[Page 28146]]
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[FR Doc. 2013-11296 Filed 5-13-13; 8:45 am]
BILLING CODE 6560-50-P
