Approval and Promulgation of Air Quality Implementation Plans; Indiana; Infrastructure SIP Requirements for the 2008 Lead and Ozone National Ambient Air Quality Standards; Indiana PSD; Indiana State Board Requirements, 50360-50369 [2013-20155]
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Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Proposed Rules
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Dated: August 14, 2013.
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[FR Doc. 2013–20121 Filed 8–16–13; 8:45 am]
BILLING CODE 5001–06–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0888; EPA–R05–
OAR–2011–0969; EPA–R05–OAR–2012–
0567; EPA–R05–OAR–2012–0988; FRL–
9900–19–Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Infrastructure SIP Requirements for
the 2008 Lead and Ozone National
Ambient Air Quality Standards; Indiana
PSD; Indiana State Board
Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
elements of state implementation plan
(SIP) submissions by Indiana regarding
the infrastructure requirements of
sections 110(a)(1) and (2) of the Clean
Air Act (CAA) for the 2008 lead and
2008 8-hour ground level ozone national
ambient air quality standards (2008 Pb
and ozone 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 is
also proposing to approve portions of
submissions from Indiana addressing
EPA’s requirements for the prevention
of significant deterioration (PSD)
program. Lastly, EPA is proposing to
approve a submission from Indiana
addressing the state board requirements
under section 128 of the CAA.
DATES: Comments must be received on
or before September 18, 2013.
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SUMMARY:
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Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2011–0888 (2008 Pb infrastructure
SIP elements), EPA–R05–OAR–2011–
0969 (2008 ozone infrastructure SIP
elements), EPA–R05–OAR–2012–0567
(PSD elements), or EPA–R05–OAR–
2012–0988 (state board requirements),
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, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID. EPA–R05–OAR–2011–0888
(2008 Pb infrastructure SIP elements),
EPA–R05–OAR–2011–0969 (2008 ozone
infrastructure SIP elements), EPA–R05–
OAR–2012–0567 (PSD elements), or
EPA–R05–OAR–2012–0988 (state board
requirements). 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
ADDRESSES:
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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 U.S. 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. What should I consider as I prepare my
comments for EPA?
II. What is the background of these SIP
submissions?
A. What state SIP submissions does this
rulemaking address?
B. Why did the state make these SIP
submissions?
C. What is the scope of this rulemaking?
III. What guidance is EPA using to evaluate
these SIP submissions?
IV. What is the result of EPA’s review of
these SIP submissions?
A. Section 110(a)(2)(A)—Emission Limits
and Other Control Measures
B. Section 110(a)(2)(B)—Ambient Air
Quality Monitoring/Data System
C. Section 110(a)(2)(C)—Program for
Enforcement of Control Measures; PSD
D. Section 110(a)(2)(D)—Interstate
Transport
E. Section 110(a)(2)(E)—Adequate
Resources
F. Section 110(a)(2)(F)—Stationary Source
Monitoring System
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G. Section 110(a)(2)(G)—Emergency
Powers
H. Section 110(a)(2)(H)—Future SIP
Revisions
I. Section 110(a)(2)(I)—Nonattainment Area
Plan or Plan Revisions Under Part D
J. Section 110(a)(2)(J)—Consultation With
Government Officials; Public
Notifications; PSD; Visibility Protection
K. Section 110(a)(2)(K)—Air Quality
Modeling/Data
L. Section 110(a)(2)(L)—Permitting Fees
M. Section 110(a)(2)(M)—Consultation/
Participation by Affected Local Entities
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
I. What should I consider as I prepare
my comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date, and page number).
2. Follow directions—EPA may ask
you to respond to specific questions or
organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data that you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period
deadline identified.
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II. What is the background of these SIP
submissions?
A. What state SIP submissions does this
rulemaking address?
This rulemaking addresses the
following: A December 12, 2011,
submission from the State of Indiana
intended to meet the applicable
infrastructure SIP requirements for the
2008 Pb and ozone NAAQS; a July 12,
2012, submission that was
supplemented on December 12, 2012, to
address various EPA requirements for
its PSD program for incorporation into
its PSD SIP; and, a November 29, 2012,
submission that was supplemented on
December 12, 2012, and May 22, 2013,
to address the state board requirements
under section 128 for incorporation into
the SIP. The Indiana Department of
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Environmental Management (IDEM) has
requested that EPA approve these
revisions with respect to PSD, as well as
the state board requirements of section
128, as satisfying any applicable
infrastructure SIP requirements for the
2008 Pb and ozone NAAQS.
B. Why did the state make these SIP
submissions?
Under sections 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 2008 Pb and
ozone 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 Pb and ozone
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 National
Ambient Air Quality Standards’’ (2007
Memo). On September 25, 2009, EPA
issued an additional guidance document
pertaining to the 2006 PM2.5 NAAQS
entitled ‘‘Guidance on SIP Elements
Required Under Sections 110(a)(1) and
(2) for the 2006 24-Hour Fine Particle
(PM2.5) National Ambient Air Quality
Standards (NAAQS)’’ (2009 Memo). The
most recent infrastructure SIP guidance
document to date is entitled, ‘‘Guidance
on infrastructure SIP Elements Required
Under Sections 110(a)(1) and (2) for the
2008 Lead (Pb) National Ambient Air
Quality Standards (NAAQS)’’ (2011
Memo) and was issued on October 14,
2011. Indiana’s SIP submissions
referenced in this rulemaking pertain to
the applicable requirements of section
110(a)(1) and (2), and primarily address
the 2008 Pb and ozone NAAQS. To the
extent that the PSD program is
comprehensive and non-NAAQS
specific, a narrow evaluation of other
NAAQS, such as the 1997 8-hour ozone
and 2006 PM2.5 NAAQS, will be
included in the appropriate sections.
C. What is the scope of this rulemaking?
This rulemaking will not cover four
substantive areas that are not integral to
acting on a state’s infrastructure SIP
submission: (i) Existing provisions
related to excess emissions during
periods of start-up, shutdown, or
malfunction at sources, that may be
contrary to the CAA and EPA’s policies
addressing such excess emissions
(‘‘SSM’’); (ii) existing provisions related
to ‘‘director’s variance’’ or ‘‘director’s
discretion’’ that purport to permit
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revisions to SIP approved emissions
limits with limited public process or
without requiring further approval by
EPA, that may be contrary to the CAA
(‘‘director’s discretion’’); (iii) existing
provisions for minor source new source
review (NSR) programs that may be
inconsistent with the requirements of
the CAA and EPA’s regulations that
pertain to such programs; and, (iv)
existing provisions for PSD programs
that may be inconsistent with current
requirements of EPA’s ‘‘Final NSR
Improvement Rule,’’ 67 FR 80186
(December 31, 2002), as amended by 72
FR 32526 (June 13, 2007) (‘‘NSR
Reform’’). Instead, EPA has the
authority to address each of these four
areas in separate rulemakings. A
detailed rationale can be found in EPA’s
July 13, 2011, final rule entitled,
‘‘Infrastructure SIP Requirements for the
1997 8-hour Ozone and PM2.5 National
Ambient Air Quality Standards’’ in the
section entitled, ‘‘What is the scope of
this final rulemaking?’’ (see 76 FR 41075
at 41076–41079).
In addition, EPA is not acting on
portions of section 110(a)(2)(D)(i)—
Interstate transport and section
110(a)(2)(J)—Consultation with
government officials, public
notifications, PSD, and visibility
protection. EPA is also not acting on
section 110(a)(2)(I)—Nonattainment
Area Plan or Plan Revisions Under Part
D, in its entirety. The rationale for not
acting on elements of these
requirements is discussed below.
III. What guidance is EPA using to
evaluate these SIP submissions?
EPA’s guidance for these
infrastructure SIP submissions is
embodied in the 2007 Memo.
Specifically, attachment A of this
memorandum (Required Section 110
SIP Elements) identifies the statutory
elements that states need to submit in
order to satisfy the requirements for an
infrastructure SIP submission. The 2009
Memo was issued to provide additional
guidance for certain elements to meet
the requirements of section 110(a)(1)
and (2) of the CAA, and the 2011 Memo
provides guidance specific to the 2008
Pb NAAQS.
IV. What is the result of EPA’s review
of these SIP submissions?
As noted in the 2011 Memo, pursuant
to section 110(a), states must provide
reasonable notice and opportunity for
public hearing for all infrastructure SIP
submissions. Indiana provided the
opportunity for public comment
between October 28, 2011, and
December 9, 2011. Additionally, IDEM
provided an opportunity for a public
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hearing. No comments were received
during the comment period, and a
public hearing was not requested. EPA
is also soliciting comment on our
evaluation of IDEM’s infrastructure SIP
submission in this notice of proposed
rulemaking. Indiana provided a detailed
synopsis of how various components of
its SIP meets each of the requirements
in section 110(a)(2) for the 2008 Pb and
ozone NAAQS, as applicable. The
following review evaluates Indiana’s
submissions.
A. Section 110(a)(2)(A)—Emission
Limits and Other Control Measures
This section requires SIPs to include
enforceable emission limits and other
control measures, means or techniques,
schedules for compliance, and other
related matters. However, EPA has long
interpreted emission limits and control
measures for attaining the standards as
being due when nonattainment
planning requirements are due.1 In the
context of an infrastructure SIP, EPA is
not evaluating the existing SIP
provisions for this purpose. Instead,
EPA is only evaluating whether the
state’s SIP has basic structural
provisions for the implementation of the
NAAQS.
IDEM’s authority to adopt emissions
standards and compliance schedules is
found at Indiana Code (IC) 13–14–8, IC
13–17–3–4, IC 13–17–3–11, and IC 13–
17–3–14. EPA proposes that Indiana has
met the infrastructure SIP requirements
of section 110(a)(2)(A) with respect to
the 2008 Pb and ozone NAAQS.
As previously noted, EPA is not
proposing to approve or disapprove any
existing state provisions or rules related
to SSM or director’s discretion in the
context of section 110(a)(2)(A).
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B. Section 110(a)(2)(B)—Ambient Air
Quality Monitoring/Data System
This section requires SIPs to include
provisions to provide for establishing
and operating ambient air quality
monitors, collecting and analyzing
ambient air quality data, and making
these data available to EPA upon
request. This review of the annual
monitoring plan includes EPA’s
determination that the state: (i) Monitors
air quality at appropriate locations
throughout the state using EPAapproved Federal Reference Methods or
Federal Equivalent Method monitors;
(ii) submits data to EPA’s Air Quality
System (AQS) in a timely manner; and,
(iii) provides EPA Regional Offices with
prior notification of any planned
1 See, e.g., EPA’s 73 FR 66964 at 67034, final rule
on ‘‘National Ambient Air Quality Standards for
Lead.’’
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changes to monitoring sites or the
network plan.
IDEM continues to operate an air
monitoring network; EPA approved the
state’s 2013 Annual Air Monitoring
Network Plan on October 31, 2012,
including the plan for Pb and ozone.
IDEM enters air monitoring data into
AQS, and the state provides EPA with
prior notification when changes to its
monitoring network or plan are being
considered. EPA proposes that Indiana
has met the infrastructure SIP
requirements of section 110(a)(2)(B)
with respect to the 2008 Pb and ozone
NAAQS.
C. Section 110(a)(2)(C)—Program for
Enforcement of Control Measures; PSD
States are required to include a
program providing for enforcement of
all SIP measures and the regulation of
construction of new or modified
stationary sources to meet NSR
requirements under the PSD and
nonattainment new source review
(NNSR) programs. Part C of the CAA
(sections 160–169B) addresses PSD,
while part D of the CAA (sections 171–
193) addresses NNSR requirements.
The evaluation of Indiana’s
submission addressing the
infrastructure SIP requirements of
section 110(a)(2)(C) covers: (i)
Enforcement of SIP measures; (ii) PSD
program for the 2008 Pb and ozone
NAAQS including provisions that
explicitly identify oxides of nitrogen
(NOx) as a precursor to ozone in the
PSD program; (iii) identification of
precursors to PM2.5 and the
identification of PM2.5 and PM10 2
condensables in the PSD program; (iv)
PM2.5 increments in the PSD program;
and, (v) greenhouse gas (GHG)
permitting and the ‘‘Tailoring Rule.’’ 3
2 PM
10 refers to particles with diameters between
2.5 and 10 microns, oftentimes referred to as
‘‘coarse’’ particles.
3 In EPA’s April 28, 2011, proposed rulemaking
for infrastructure SIPS for the 1997 ozone and PM2.5
NAAQS, we stated that each state’s PSD program
must meet applicable requirements for evaluation of
all regulated NSR pollutants in PSD permits (see 76
FR 23757 at 23760). This view was reiterated in
EPA’s August 2, 2012, proposed rulemaking for
infrastructure SIPs for the 2006 PM2.5 NAAQS (see
77 FR 45992 at 45998). In other words, if a state
lacks provisions needed to adequately address Pb,
NOX as a precursor to ozone, PM2.5 precursors,
PM2.5 and PM10 condensables, PM2.5 increments, or
the Federal GHG permitting thresholds, the
provisions of section 110(a)(2)(C) requiring a
suitable PSD permitting program must be
considered not to be met irrespective of the NAAQS
that triggered the requirement to submit an
infrastructure SIP, including both the 2008 Pb and
ozone NAAQS.
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Sub-Element 1: Enforcement of SIP
measures
IDEM maintains an enforcement
program to ensure compliance with SIP
requirements. IC 13–14–1–12 provides
the Commissioner with the authority to
enforce rules ‘‘consistent with the
purpose of the air pollution control
laws.’’ Additionally, IC 13–14–2–7 and
IC 13–17–3–3 provide the
Commissioner with the authority to
assess civil penalties and obtain
compliance with any applicable rule a
board has adopted in order to enforce
air pollution control laws. Lastly, IC 13–
14–10–2 allows for an emergency
restraining order that prevents any
person from causing, or introducing
contaminants, that cause or contribute
to air pollution. EPA proposes that
Indiana has met the enforcement of SIP
measures requirements of section
110(a)(2)(C) with respect to the 2008 Pb
and ozone NAAQS.
Sub-Element 2: PSD Program for the
2008 Pb and Ozone NAAQS
Pursuant to the 2011 Memo, a state
should demonstrate that it is authorized
to implement its PSD permit program to
ensure that the construction of major
stationary sources does not cause or
contribute to a violation of the 2008 Pb
NAAQS. Indiana’s EPA-approved SIP
rules, contained at 326 Indiana
Administrative Code (IAC) 2–2, contain
provisions that adequately address the
applicable infrastructure SIP
requirements related to the 2008 Pb
NAAQS.
EPA’s ‘‘Final Rule to Implement the 8Hour Ozone National Ambient Air
Quality Standard—Phase 2; Final Rule
to Implement Certain Aspects of the
1990 Amendments Relating to New
Source Review and Prevention of
Significant Deterioration as They Apply
in Carbon Monoxide, Particulate Matter,
and Ozone NAAQS; Final Rule for
Reformulated Gasoline’’ (Phase 2 Rule)
was published on November 8, 2005
(see 70 FR 71612). Among other
requirements, the Phase 2 Rule
obligated states to revise their PSD
programs to explicitly identify NOX as
a precursor to ozone (70 FR 71612 at
71679, 71699–71700). This requirement
was codified in 40 CFR 51.166, and
consisted of the following: 4
40 CFR 51.166(b)(1)(ii): A major
source that is major for volatile organic
compounds or NOX shall be considered
major for ozone;
40 CFR 51.166 (b)(2)(ii): Any
significant emissions increase (as
defined at paragraph (b)(39) of this
4 Similar
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section) from any emissions units or net
emissions increase (as defined in
paragraph (b)(3) of this section) at a
major stationary source that is
significant for volatile organic
compounds or NOX shall be considered
significant for ozone;
40 CFR 51.166(b)(23)(i): Ozone: 40
tons per year (tpy) of volatile organic
compounds or nitrogen oxides;
40 CFR 51.166(b)(49)(i): 5 Any
pollutant for which a national ambient
air quality standard has been
promulgated and any constituents or
precursors for such pollutants identified
by the Administrator (e.g., volatile
organic compounds and NOX) are
precursors for ozone; and
40 CFR 51.166(i)(5)(i)(e) footnote 1:
No de minimis air quality level is
provided for ozone. However, any net
emissions increase of 100 tpy or more of
volatile organic compounds or nitrogen
oxides subject to PSD would be required
to perform an ambient impact analysis,
including the gathering of air quality
data.
The Phase 2 Rule required that states
submit SIP revisions incorporating the
requirements of the rule, including
these specific NOX as a precursor to
ozone provisions, by June 15, 2007 (see
70 FR 71612 at 71683). EPA approved
revisions to Indiana’s PSD SIP reflecting
these requirements on October 29, 2012
(see 77 FR 65478).
EPA proposes that Indiana has met
this set of infrastructure SIP
requirements of section 110(a)(2)(C)
with respect to the 2008 Pb and ozone
NAAQS.
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Sub-Element 3: Identification of
Precursors to PM2.5 and the
Identification of PM2.5 and PM10
Condensables in the PSD Program
On May 16, 2008 (see 73 FR 28321),
EPA issued the Final Rule on the
‘‘Implementation of the New Source
Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers
(PM2.5)’’ (2008 NSR Rule). The 2008
NSR Rule finalized several new
requirements for SIPS to address
sources that emit direct PM2.5 and other
pollutants that contribute to secondary
PM2.5 formation. One of these
requirements is for NSR permits to
address pollutants responsible for the
secondary formation of PM2.5, otherwise
5 Note that this section of 40 CFR 51.166 has been
amended as a result of EPA’s Final Rule on the
‘‘Implementation of the New Source Review (NSR)
Program for Particulate Matter Less than 2.5
Micrometers (PM2.5); the regulatory text as listed
was current as of the issuance of the Phase 2 Rule.
The current citation for the VOCs and NOX as
precursors for ozone are contained in 40 CFR
51.166(b)(49)(i)(b)(i).
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known as precursors. In the 2008 rule,
EPA identified precursors to PM2.5 for
the PSD program to be sulfur dioxide
(SO2) and NOX (unless the state
demonstrates to the Administrator’s
satisfaction or EPA demonstrates that
NOX emissions in an area are not a
significant contributor to that area’s
ambient PM2.5 concentrations). The
2008 NSR Rule also specifies that
volatile organic compounds (VOCs) are
not considered to be precursors to PM2.5
in the PSD program unless the state
demonstrates to the Administrator’s
satisfaction or EPA demonstrates that
emissions of VOCs in an area are
significant contributors to that area’s
ambient PM2.5 concentrations.
The explicit references to SO2, NOX,
and VOCs as they pertain to secondary
PM2.5 formation are codified at 40 CFR
51.166(b)(49)(i)(b) and 40 CFR
52.21(b)(50)(i)(b). As part of identifying
pollutants that are precursors to PM2.5,
the 2008 NSR Rule also required states
to revise the definition of ‘‘significant’’
as it relates to a net emissions increase
or the potential of a source to emit
pollutants. Specifically, 40 CFR
51.166(b)(23)(i) and 40 CFR
52.21(b)(23)(i) define ‘‘significant’’ for
PM2.5 to mean the following emissions
rates: 10 tpy of direct PM2.5; 40 tpy of
SO2; and 40 tpy of NOX (unless the state
demonstrates to the Administrator’s
satisfaction or EPA demonstrates that
NOX emissions in an area are not a
significant contributor to that area’s
ambient PM2.5 concentrations). The
deadline for states to submit SIP
revisions to their PSD programs
incorporating these changes was May
16, 2011 (see 73 FR 28321 at 28341).6
6 EPA notes that on January 4, 2013, the U.S.
Court of Appeals for the D.C. Circuit, in Natural
Resources Defense Council v. EPA, 706 F.3d 428
(D.C. Cir.), held that EPA should have issued the
2008 NSR Rule in accordance with the CAA’s
requirements for PM10 nonattainment areas (Title I,
Part D, subpart 4), and not the general requirements
for nonattainment areas under subpart 1 (Natural
Resources Defense Council v. EPA, No. 08–1250).
As the subpart 4 provisions apply only to
nonattainment areas, the EPA does not consider the
portions of the 2008 rule that address requirements
for PM2.5 attainment and unclassifiable areas to be
affected by the court’s opinion. Moreover, EPA does
not anticipate the need to revise any PSD
requirements promulgated by the 2008 NSR rule in
order to comply with the court’s decision.
Accordingly, the EPA’s approval of Indiana’s
infrastructure SIP as to elements (C), (D)(i)(II), or (J)
with respect to the PSD requirements promulgated
by the 2008 implementation rule does not conflict
with the court’s opinion. The Court’s decision with
respect to the nonattainment NSR requirements
promulgated by the 2008 implementation rule also
does not affect EPA’s action on the present
infrastructure action. EPA interprets the CAA to
exclude nonattainment area requirements,
including requirements associated with a
nonattainment NSR program, from infrastructure
SIP submissions due three years after adoption or
revision of a NAAQS. Instead, these elements are
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The 2008 NSR Rule did not require
states to immediately account for gases
that could condense to form particulate
matter, known as condensables, in PM2.5
and PM10 emission limits in NSR
permits. Instead, EPA determined that
states had to account for PM2.5 and PM10
condensables for applicability
determinations and in establishing
emissions limitations for PM2.5 and
PM10 in PSD permits beginning on or
after January 1, 2011. This requirement
is codified in 40 CFR 51.166(b)(49)(i)(a)
and 40 CFR 52.21(b)(50)(i)(a). Revisions
to states’ PSD programs incorporating
the inclusion of condensables were
required be submitted to EPA by May
16, 2011 (see 73 FR 28321 at 28341).
EPA approved revisions to Indiana’s
PSD SIP reflecting these requirements
on October 29, 2012 (see 77 FR 65478),
and therefore proposes that Indiana has
met this set of infrastructure SIP
requirements of section 110(a)(2)(C)
with respect to the 2008 Pb and ozone
NAAQS.
Sub-Element 4: PM2.5 Increments in the
PSD Program
On October 20, 2010, EPA issued the
final rule on the ‘‘Prevention of
Significant Deterioration (PSD) for
Particulate Matter Less Than 2.5
Micrometers (PM2.5)—Increments,
Significant Impact Levels (SILs) and
Significant Monitoring Concentration
(SMC)’’ (2010 NSR Rule). This rule
established several components for
making PSD permitting determinations
for PM2.5, including a system of
‘‘increments’’ which is the mechanism
used to estimate significant
deterioration of ambient air quality for
a pollutant. These increments are
codified in 40 CFR 51.166(c) and 40
CFR 52.21(c), and are included in the
table below.
TABLE 1—PM2.5 INCREMENTS ESTABLISHED BY THE 2010 NSR RULE IN
MICROGRAMS PER CUBIC METER
Annual
arithmetic
Class I .......
Class II ......
Class III .....
24-hour max
1
4
8
2
9
18
The 2010 NSR Rule also established a
new ‘‘major source baseline date’’ for
PM2.5 as October 20, 2010, and a new
trigger date for PM2.5 as October 20,
2011. These revisions are codified in 40
typically referred to as nonattainment SIP or
attainment plan elements, which would be due by
the dates statutorily prescribed under subpart 2
through 5 under part D, extending as far as 10 years
following designations for some elements.
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CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c),
and 40 CFR 52.21(b)(14)(i)(c) and
(b)(14)(ii)(c). Lastly, the 2010 NSR Rule
revised the definition of ‘‘baseline area’’
to include a level of significance of 0.3
micrograms per cubic meter, annual
average, for PM2.5. This change is
codified in 40 CFR 51.166(b)(15)(i) and
40 CFR 52.21(b)(15)(i).
On July 12, 2012, and supplemented
on December 12, 2012, IDEM submitted
revisions intended to address the
increments established by the 2010 NSR
Rule for incorporation into the SIP, as
well as the revised major source
baseline date, trigger date, and baseline
area level of significance for PM2.5.
IDEM also requested that these revisions
satisfy any applicable infrastructure SIP
requirements related to PSD.
Specifically, revisions to 326 IAC 2–2–
6(b) contain the Federal increments for
PM2.5, 326 IAC 2–2–1(ee)(3) contains the
new major source baseline date for
PM2.5 of October 20, 2010, 326 IAC 2–
2–1(gg)(1)(C) contains the new trigger
date for PM2.5 of October 20, 2011, and
326 IAC 2–2–1(f)(1) contains the new
baseline area level of significance for
PM2.5. It should be noted that Indiana’s
submitted revisions explicitly include
only the PM2.5 increments as they apply
to Class II areas, and not the PM2.5
increments as they apply to Class I or
Class III areas. However, Indiana’s
requested revisions specify that if areas
in the state are one day classified as
Class I or III, the PSD increments
pursuant to 40 CFR 52.21 would be
adhered to. Because the state’s
requested revisions are substantively
identical to Federal regulations, EPA
therefore proposes to approve 326 IAC
2–2–6(b) into the SIP, and also proposes
that Indiana has met this set of
infrastructure SIP requirements of
section 110(a)(2)(C) with respect to the
2008 Pb and ozone NAAQS. In the event
that areas in Indiana are one day
designated as Class I or Class III, EPA
expects IDEM to adopt the Federally
promulgated increments pursuant to 40
CFR 52.21, and submit them for
incorporation into the SIP.
Sub-Element 5: GHG Permitting and the
‘‘Tailoring Rule’’
On June 3, 2010, EPA issued a final
rule establishing a ‘‘common sense’’
approach to addressing GHG emissions
from stationary sources under the CAA
permitting programs. The ‘‘Prevention
of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule,’’ or
‘‘Tailoring Rule,’’ set thresholds for
GHG emissions that define when
permits under the NSR PSD and title V
operating permit programs are required
for new and existing industrial facilities
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(see 75 FR 31514). The Tailoring Rule
set the GHG PSD applicability threshold
at 75,000 tpy as expressed in carbon
dioxide equivalent; if states have not
adopted this threshold, sources with
GHG emissions above 100 tpy or 250 tpy
(depending on source category) would
be subject to PSD, effective January 2,
2011. The lower thresholds could
potentially result in certain residential
and commercial sources triggering GHG
PSD requirements.
On December 23, 2010, EPA issued a
subsequent series of rules that put the
necessary framework in place to ensure
that industrial facilities can get CAA
permits covering their GHG emissions
when needed, and that facilities
emitting GHGs at levels below those
established in the Tailoring Rule do not
need to obtain CAA permits.7 Included
in this series of rules was EPA’s
issuance of the ‘‘Limitation of Approval
of Prevention of Significant
Deterioration Provisions Concerning
Greenhouse Gas Emitting-Sources in
State Implementation Plans,’’ referred to
as the PSD SIP ‘‘Narrowing Rule’’ on
December 30, 2010 (see 75 FR 82536).
The Narrowing Rule limits, or
‘‘narrows,’’ EPA’s approval of PSD
programs that were previously approved
into SIPs; the programs in question are
those that apply PSD to sources that
emit GHG. Specifically, the effect of the
Narrowing Rule is that provisions that
are no longer approved—e.g., portions
of already approved SIPs that apply PSD
to GHG emissions increases from
sources emitting GHG below the
Tailoring Rule thresholds—now have
the status of having been submitted by
the state but not yet acted upon by EPA.
In other words, the Narrowing Rule
focuses on eliminating the PSD
obligations under Federal law for
sources below the Tailoring Rule
thresholds.
On September 28, 2011 (76 FR 59899),
EPA approved revisions to Indiana’s
PSD SIP that included the adoption of
the Federal thresholds for PSD
permitting of GHG-emitting sources.
Indiana’s December 12, 2011,
submission states that it intended for
our September 28, 2011, approval to
satisfy applicable GHG permitting
requirements related to their 2008 Pb
and ozone NAAQS infrastructure SIP.
Therefore, EPA proposes that Indiana’s
GHG permitting program has met this
set of requirements related to section
110(a)(2)(C) and (E) for the 2008 Pb and
ozone NAAQS.8
7 https://www.epa.gov/NSR/actions.html#2010.
8 Section
110(a)(2)(E) requires that states have the
resources to administer an air quality management
program. Some states that are not covered by the
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EPA reiterates that minor NSR
regulations and NSR reform regulations
are not in the scope of infrastructure SIP
actions. Therefore, we are not proposing
to approve or disapprove existing minor
NSR regulations or NSR reform
regulations for Indiana’s 2008 Pb and
ozone NAAQS infrastructure SIP. To
address the pre-construction regulation
of the modification and construction of
minor stationary sources and minor
modifications of major stationary
sources, an infrastructure SIP
submission should identify the existing
EPA-approved SIP provisions and/or
include new provisions that govern the
minor source pre-construction program
that regulates emissions of the relevant
NAAQS pollutants. EPA approved
Indiana’s minor NSR program on
October 7, 1994 (see 59 FR 51108), and
since that date, IDEM and EPA have
relied on the existing minor NSR
program to ensure that new and
modified sources not captured by the
major NSR permitting programs do not
interfere with attainment and
maintenance of the 2008 Pb and ozone
NAAQS.
Furthermore, various sub-elements in
this section overlap with elements of
section 110(a)(2)(D)(i), section
110(a)(2)(E) and section 110(a)(2)(J).
These links will be discussed in the
appropriate areas below.
D. Section 110(a)(2)(D)—Interstate
Transport
Section 110(a)(2)(D)(i)(I) requires SIPs
to include provisions prohibiting any
source or other type of emissions
activity in one state from contributing
significantly to nonattainment, or
interfering with maintenance, of the
NAAQS in another state.
With respect to the 2008 Pb NAAQS,
the 2011 Memo notes that the physical
properties of Pb prevent it from
experiencing the same travel or
formation phenomena as PM2.5 or
ozone. Specifically, there is a sharp
decrease in Pb concentrations as the
distance from a Pb source increases.
Accordingly, it may be possible for a
source in a state to emit Pb at a location
and in such quantities that contribute
significantly to nonattainment in, or
interference with maintenance by, any
other state. However, EPA anticipates
that this would be a rare situation, e.g.,
sources emitting large quantities of Pb
are in close proximity to state
boundaries. The 2011 Memo suggests
that the applicable interstate transport
Narrowing Rule may not be able to adequately
demonstrate that they have adequate personnel to
issue GHG permits to all sources that emit GHG
under the Tailoring Rule thresholds.
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requirements of section 110(a)(2)(D)(i)(I)
can be met through a state’s assessment
as to whether or not emissions from Pb
sources located in close proximity to its
borders have emissions that impact a
neighboring state such that they
contribute significantly to
nonattainment or interfere with
maintenance in that state. One way that
a state’s conclusion could be supported
is by the technical support documents
used for initial area designations for Pb.
In its infrastructure SIP submission,
IDEM noted that a small portion of
Delaware County in east central Indiana
was designated as nonattainment for the
2008 Pb NAAQS (see 75 FR 71033).
IDEM observed that this area is
approximately 30 miles from the
Indiana-Ohio state line. IDEM further
noted that there are no other areas with
sources that emit Pb at or above 0.5 tpy.
EPA does not believe that the elevated
levels of ambient Pb concentrations in
Delaware County (or emissions from any
other county) would cause or contribute
to a violation of the 2008 Pb NAAQS in
Ohio, or create a situation in Ohio
where maintenance of the 2008 Pb
NAAQS was not possible. The final
technical support document for
Delaware County supports the notion
that the ambient concentrations of Pb
are not expected to exceed the NAAQS
outside of the nonattainment
boundaries. Therefore, EPA proposes
that Indiana has met this set of
requirements related to section
110(a)(2)(D)(i)(I) for the 2008 Pb
NAAQS.
In this notice, we are not proposing to
act on the portions of Indiana’s
submission intended to address the
interstate transport requirements of
section 110(a)(2)(D)(i)(I) for the 2008
ozone NAAQS. Rather, we intend to
take separate action on Indiana’s
satisfaction of these requirements.
Section 110(a)(2)(D)(i)(II) requires
SIPs to include provisions prohibiting
any source or other type of emissions
activity in one state from interfering
with measures required to prevent
significant deterioration of air quality or
to protect visibility in another state.
EPA notes that Indiana’s satisfaction
of the applicable infrastructure SIP PSD
requirements for the 2008 lead and
ozone NAAQS has been detailed in the
section addressing section 110(a)(2)(C).
EPA notes that the proposed actions in
that section related to PSD are
consistent with the proposed actions
related to PSD for section
110(a)(2)(D)(i)(II), and they are reiterated
below.
EPA has previously approved
revisions to Indiana’s SIP that meet
certain requirements obligated by the
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Phase 2 Rule and the 2008 NSR Rule.
These revisions included provisions
that: Explicitly identify NOX as a
precursor to ozone, explicitly identify
SO2 and NOX as precursors to PM2.5,
and regulate condensable PM2.5 and
PM10 in applicability determinations
and establishing emissions limits. EPA
has also previously approved revisions
to Indiana’s SIP adopting the Federal
Tailoring Rule thresholds for GHG
emitting sources for PSD permitting.
Indiana’s SIP contains provisions that
adequately address the 2008 Pb
NAAQS, and in this action, EPA is also
proposing to approve revisions to
Indiana’s SIP that incorporate the PM2.5
increments and the associated
implementation regulations including
the major source baseline date, trigger
date, and level of significance for PM2.5
per the 2010 NSR Rule. States also have
an obligation to ensure that sources
located in nonattainment areas do not
interfere with a neighboring state’s PSD
program. One way that this requirement
can be satisfied is through a suitable
NNSR program that addresses any
pollutants for which there is a
designated nonattainment areas within
the state. Indiana’s EPA–approved
NNSR regulations are contained as part
of their PSD program regulations, and
can be found in 326 IAC 2–2.
Specifically, these regulations contain
provisions for how the state must treat
and control sources in ozone and Pb
nonattainment areas, consistent with 40
CFR 51.165, or appendix S to 40 CFR
part 51. Therefore EPA proposes that
Indiana has met all of the applicable
PSD requirements for the 2008 Pb and
ozone NAAQS related to section
110(a)(2)(D)(i)(II).
With regard to the applicable
requirements for visibility protection of
section 110(a)(2)(D)(i)(II), states are
subject to visibility and regional haze
program requirements under part C of
the CAA (which includes sections 169A
and 169B). The 2009 Memo and the
2011 Memo state that these
requirements can be satisfied by an
approved SIP addressing reasonably
attributable visibility impairment, if
required, or an approved SIP addressing
regional haze. EPA’s final approval of
Indiana’s regional haze plan was
published on June 11, 2012 (see 77 FR
34218). Therefore, EPA proposes that
Indiana has met this set of infrastructure
SIP requirements of section
110(a)(2)(D)(i)(II) for the 2008 Pb and
ozone NAAQS.
Section 110(a)(2)(D)(ii) requires each
SIP to contain adequate provisions
requiring compliance with the
applicable requirements of section 126
and section 115 (relating to interstate
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and international pollution abatement,
respectively).
Section 126(a) requires new or
modified sources to notify neighboring
states of potential impacts from the
source. The statute does not specify the
method by which the source should
provide the notification. States with
SIP-approved PSD programs must have
a provision requiring such notification
by new or modified sources. A lack of
such a requirement in state rules would
be grounds for disapproval of this
element.
Indiana has provisions in its EPAapproved PSD program requiring new or
modified sources to notify neighboring
states of potential negative air quality
impacts, and has referenced this
program as having adequate provisions
to meet the requirements of section
126(a). EPA is proposing that Indiana
has met the infrastructure SIP
requirements of section 126(a) with
respect to the 2008 Pb and ozone
NAAQS. Indiana does not have any
obligations under any other section of
section 126, nor does it have any
pending obligations under section 115.
EPA therefore is proposing that Indiana
has met all applicable infrastructure SIP
requirements of section 110(a)(2)(D)(ii).
E. Section 110(a)(2)(E)—Adequate
resources
This section requires each state to
provide for adequate personnel,
funding, and legal authority under state
law to carry out its SIP, and related
issues. Section 110(a)(2)(E)(ii) also
requires each state to comply with the
requirements respecting state boards
under section 128.
Sub-Element 1: Adequate Personnel,
Funding, and Legal Authority Under
State Law To Carry Out Its SIP, and
Related Issues
Indiana’s biennial budget and their
environmental performance partnership
agreement with EPA document funding
and personnel levels for IDEM every 2
years. As discussed in earlier sections,
IC 13–14–1–12 provides the
Commissioner of IDEM with the
authority to enforce air pollution control
laws. Furthermore, IC 13–14–8, IC 13–
17–3–11, and IC 13–17–3–14 contain
the authority for IDEM to adopt air
emissions standards and compliance
schedules. EPA proposes that Indiana
has met the infrastructure SIP
requirements of this portion of section
110(a)(2)(E) with respect to the 2008 Pb
and ozone NAAQS.
As noted above in the discussion
addressing section 110(a)(2)(C), the
resources needed to permit all sources
emitting more than 100 tpy or 250 tpy
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(as applicable) of GHG would require
more resources than some states appear
to have. As previously discussed,
however, EPA approved revisions to
Indiana’s PSD program adopting the
Federal Tailoring Rule thresholds for
GHG on September 28, 2011. Therefore,
Indiana’s SIP as it relates to GHGemitting sources for PSD does not
involve permitting sources smaller than
the Tailoring Rule thresholds, and EPA
proposes that Indiana retains the
resources necessary to implement the
requirements of its SIP.
Sub-Element 2: State Board
Requirements Under Section 128 of the
CAA
Section 110(a)(2)(E) also requires each
SIP to contain provisions that comply
with the state board requirements of
section 128 of the CAA. That provision
contains two explicit requirements: (i)
That any board or body which approves
permits or enforcement orders under
this chapter shall have at least a
majority of members who represent the
public interest and do not derive any
significant portion of their income from
persons subject to permits and
enforcement orders under this chapter,
and (ii) that any potential conflicts of
interest by members of such board or
body or the head of an executive agency
with similar powers be adequately
disclosed.
On November 29, 2012, IDEM
submitted rules regarding its
Environmental Rules Board at IC 13–13–
8 for incorporation into the SIP,
pursuant to section 128 of the CAA. On
December 12, 2012, IDEM provided a
supplemental submission clarifying that
the Environmental Rules Board
established by IC 13–13–8, which has
the authority to adopt environmental
regulations under IC 4–22–2 and IC 13–
14–9, does not have the authority to
approve enforcement orders or
permitting actions as outlined in section
128(a)(1) of the CAA. Therefore, section
128(a)(1) of the CAA is not applicable in
Indiana.
Under section 128(a)(2), the head of
the executive agency with the power to
approve enforcement orders or permits
must adequately disclose any potential
conflicts of interest. IC 13–13–8–11
‘‘Disclosure of conflicts of interest’’
contains provisions that adequately
satisfy the requirements of section
128(a)(2). This section requires that each
member of the board shall fully disclose
any potential conflicts of interest
relating to permits or enforcement
orders under the Federal CAA, as
amended by the CAA Amendments of
1990. IC 13–13–8–4 defines the
membership of the board, and the
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commissioner (of IDEM) or his/her
designee is explicitly included as a
member of the board. Therefore, when
evaluated together in the context of
section 128(a)(2), the commissioner (of
IDEM) or his/her designee must fully
disclose any potential conflicts of
interest relating to permits or
enforcement orders under the CAA. EPA
concludes that IDEM’s submission as it
relates to the state board requirements
under section 128 is consistent with
applicable CAA requirements. As a
result, we are proposing to approve
these rules into the SIP. The rules
consist of IC 13–13–8–1, IC 13–13–8–
2(a), IC 13–18–8–2(b), IC 13–13–8–3, IC
13–13–8–4, and IC 13–13–8–11. On May
22, 2013, IDEM requested that these
rules satisfy not only the applicable
requirements of section 128 of the CAA,
but that they satisfy any applicable
requirements of section 110(a)(2)(E) for
the 2008 Pb and ozone NAAQs.
Therefore, EPA is proposing that IDEM
has satisfied the applicable
infrastructure SIP requirements for this
section of 110(a)(2)(E) for the 2008 Pb
and ozone NAAQS.
F. Section 110(a)(2)(F)—Stationary
Source Monitoring System
States must establish a system to
monitor emissions from stationary
sources and submit periodic emissions
reports. Each plan shall also require the
installation, maintenance, and
replacement of equipment, and the
implementation of other necessary
steps, by owners or operators of
stationary sources to monitor emissions
from such sources. The state plan shall
also require periodic reports on the
nature and amounts of emissions and
emissions-related data from such
sources, and correlation of such reports
by each state agency with any emission
limitations or standards established
pursuant to this chapter. Lastly, the
reports shall be available at reasonable
times for public inspection.
The Indiana state rules for monitoring
requirements are contained in 326 IAC
3. Additional emissions reporting
requirements are found in 326 IAC 2–6.
Emission reports are available upon
request by EPA or other interested
parties. EPA proposes that Indiana has
satisfied the infrastructure SIP
requirements of section 110(a)(2)(F)
with respect to the 2008 Pb and ozone
NAAQS.
G. Section 110(a)(2)(G)—Emergency
Powers
This section requires that a plan
provide for authority that is analogous
to what is provided in section 303 of the
CAA, and adequate contingency plans
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to implement such authority. The 2011
Memo states that infrastructure SIP
submissions should specify authority,
rested in an appropriate official, to
restrain any source from causing or
contributing to Pb emissions which
present an imminent and substantial
endangerment to public health or
welfare, or the environment.
326 IAC 11–5 establishes air pollution
episode levels based on concentrations
of criteria pollutants. This rule requires
that emergency reduction plans be
submitted to the Commissioner of IDEM
by major air pollution sources, and
these plans must include actions that
will be taken when each episode level
is declared, to reduce or eliminate
emissions of the appropriate air
pollutants. Similarly, under IC 13–17–4,
Indiana also has the ability to declare an
air pollution emergency and order all
persons causing or contributing to the
conditions warranting the air pollution
emergency to immediately reduce or
discontinue emission of air
contaminants. EPA proposes that
Indiana has met the applicable
infrastructure SIP requirements of
section 110(a)(2)(G) related to authority
to implement measures to restrain
sources from causing or contributing to
emissions which present an imminent
and substantial endangerment to public
health or welfare, or the environment
with respect to the 2008 Pb and ozone
NAAQS.
As indicated in the 2011 Memo, EPA
believes that the central components of
a contingency plan for the 2008 Pb
NAAQS would be to reduce emissions
from the source at issue and to
communicate with the public as needed.
Where a state believes, based on its
inventory of Pb sources and historic
monitoring data, that it does not need a
more specific contingency plan beyond
having authority to restrain any source
from causing or contributing to an
imminent and substantial
endangerment, then the state could
provide such a detailed rationale in
place of a specific contingency plan.
EPA has reviewed historic data at Pb
monitoring sites throughout Indiana,
and believes that a specific contingency
plan beyond having authority to restrain
any source from causing or contributing
to an imminent and substantial
endangerment is not necessary at this
time. For example, one way to quantify
the possibility of imminent and
substantial endangerment in this
context would be a daily monitored
value for Pb that could by itself cause
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a violation of the 2008 Pb NAAQS.9
EPA has reviewed data from 2010–2012
(the most recent consecutive 36-month
block of complete data) and observes
that no such daily monitored value
exists.
As described in the section detailing
interstate transport of Pb, EPA does not
anticipate other areas in Indiana
needing specific contingency measures
due to low Pb emissions. EPA proposes
that Indiana has met the applicable
infrastructure SIP requirements of
section 110(a)(2)(G) related to
contingency measures for the 2008 Pb
and ozone NAAQS.
H. Section 110(a)(2)(H)—Future SIP
Revisions
This section requires states to have
the authority to revise their SIPs in
response to changes in the NAAQS,
availability of improved methods for
attaining the NAAQS, or to an EPA
finding that the SIP is substantially
inadequate.
IDEM continues to update and
implement needed revisions to
Indiana’s SIP as necessary to meet
ambient air quality standards. As
discussed in previous sections,
authority to adopt emissions standards
and compliance schedules is found at IC
13–4–8, IC 13–17–3–4, IC 13–17–3–11,
and IC 13–17–3–14. EPA proposes that
Indiana has met the infrastructure SIP
requirements of section 110(a)(2)(H)
with respect to the 2008 Pb and ozone
NAAQS.
I. Section 110(a)(2)(I)—Nonattainment
Area Plan or Plan Revisions Under Part
D
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The CAA requires that each plan or
plan revision for an area designated as
a nonattainment area meet the
applicable requirements of part D of the
CAA. Part D relates to nonattainment
areas.
EPA has determined that section
110(a)(2)(I) is not applicable to the
infrastructure SIP process. Instead, EPA
takes action on part D attainment plans
through separate processes.
J. Section 110(a)(2)(J)—Consultation
With Government Officials; Public
Notifications; PSD; Visibility Protection
The evaluation of Indiana’s
submission addressing the requirements
of section 110(a)(2)(J) are described
below.
9 See
appendix R to 40 CFR part 50 for data
handling conventions and computations necessary
for determining when the NAAQS are met.
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Sub-Element 1: Consultation With
Government Officials
States must provide a process for
consultation with local governments
and Federal Land Managers (FLMs)
carrying out NAAQS implementation
requirements. IDEM actively
participates in the regional planning
efforts that include state rule
developers, representatives from the
FLMs, and other affected stakeholders.
Additionally, Indiana is an active
member of the Lake Michigan Air
Director’s Consortium, which consists of
collaboration with the States of Illinois,
Wisconsin, Michigan, Minnesota, and
Ohio. EPA proposes that Indiana has
met the infrastructure SIP requirements
of this portion of section 110(a)(2)(J)
with respect to the 2008 Pb and ozone
NAAQS.
Sub-Element 2: Public Notification
Section 110(a)(2)(J) also requires
states to notify the public if NAAQS are
exceeded in an area and must enhance
public awareness of measures that can
be taken to prevent exceedances.
IDEM monitors air quality data daily,
and reports the air quality index to the
interested public and media if
necessary. IDEM also participates and
submits information to EPA’s AIRNOW
program, and maintains SmogWatch,
which is an informational tool created
by IDEM to share air quality forecasts
for each day. SmogWatch provides daily
information about ground-level ozone,
particulate matter concentration levels,
health information, and monitoring data
for seven regions in Indiana. IDEM also
maintains a publicly available Web site
that allows interested members of the
community and other stakeholders to
view current monitoring data
summaries, including those for ozone
and Pb.10 IDEM has also published fact
sheets available to the public that
pertain the 2008 Pb NAAQS, including
strategies to mitigate human exposure.11
EPA proposes that Indiana has met the
infrastructure SIP requirements of this
portion of section 110(a)(2)(J) with
respect to the 2008 Pb and ozone
NAAQS.
Sub-Element 3: PSD
States must meet applicable
requirements of section 110(a)(2)(C)
related to PSD. IDEM’s PSD program in
the context of infrastructure SIPs has
already been discussed in the
paragraphs addressing section
110(a)(2)(C) and 110(a)(2)(D)(i)(II), and
10 See https://www.in.gov/idem/airquality/
2489.htm.
11 See, e.g., https://www.in.gov/idem/files/
factsheet_air_quality_lead.pdf.
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50367
EPA notes that the proposed actions for
those sections are consistent with the
proposed actions for this portion of
section 110(a)(2)(J). Our proposed
actions are reiterated below.
EPA has previously approved
revisions to Indiana’s SIP that meet
certain requirements obligated by the
Phase 2 Rule and the 2008 NSR Rule.
These revisions included provisions
that: Explicitly identify NOX as a
precursor to ozone, explicitly identify
SO2 and NOX as precursors to PM2.5,
and regulate condensable PM2.5 and
PM10 in applicability determinations
and emissions limits. EPA has also
previously approved revisions to
Indiana’s SIP adopting the Federal
Tailoring Rule thresholds for GHG
emitting sources for PSD permitting.
Indiana’s SIP contains provisions that
adequately address the 2008 Pb
NAAQS, and in this action, EPA is also
proposing to approve revisions to
Indiana’s SIP that incorporate the PM2.5
increments and the associated
implementation regulations per the
2010 NSR Rule. Therefore, EPA
proposes that Indiana has met all of the
infrastructure SIP requirements for PSD
associated with section 110(a)(2)(D)(J)
for the 2008 Pb and ozone NAAQS.
Sub-Element 4: Visibility Protection
With regard to the applicable
requirements for visibility protection,
states are subject to visibility and
regional haze program requirements
under part C of the CAA (which
includes sections 169A and 169B). In
the event of the establishment of a new
NAAQS, however, the visibility and
regional haze program requirements
under part C do not change. Thus, we
find that there is no new visibility
obligation ‘‘triggered’’ under section
110(a)(2)(J) when a new NAAQS
becomes effective. This would be the
case even in the event a secondary PM2.5
NAAQS for visibility is established,
because this NAAQS would not affect
visibility requirements under part C. In
other words, the visibility protection
requirements of section 110(a)(2)(J) are
not germane to infrastructure SIPs for
the 2008 Pb and ozone NAAQS.
K. Section 110(a)(2)(K)—Air Quality
Modeling/Data
SIPs must provide for performing air
quality modeling for predicting effects
on air quality of emissions from any
NAAQS pollutant and submission of
such data to EPA upon request.
IDEM continues to review the
potential impact of major and some
minor new and modified sources using
computer models. Indiana’s rules
regarding air quality modeling are
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contained in 326 IAC 2–2–4, 326 IAC 2–
2–5, 326 IAC 2–2–6, and 326 IAC 2–2–
7. These modeling data are available to
EPA or other interested parties upon
request. EPA proposes that Indiana has
met the infrastructure SIP requirements
of section 110(a)(2)(K) with respect to
the 2008 Pb and ozone NAAQS.
with the costs for reviewing, approving,
implementing, and enforcing various
types of permits. EPA proposes that
Indiana has met the infrastructure SIP
requirements of section 110(a)(2)(L)
with respect to the 2008 Pb and ozone
NAAQS.
L. Section 110(a)(2)(L)—Permitting Fees
M. Section 110(a)(2)(M)—Consultation/
Participation by Affected Local Entities
This section requires SIPs to mandate
each major stationary source to pay
permitting fees to cover the cost of
reviewing, approving, implementing,
and enforcing a permit.
IDEM implements and operates the
title V permit program, which EPA
approved on December 4, 2001 (66 FR
62969); revisions to the program were
approved on August 13, 2002 (67 FR
52615). In addition to the title V permit
program, IDEM’s EPA-approved PSD
program, specifically contained in 326
IAC 2–1.1–07 contains the provisions,
requirements, and structures associated
States must consult with and allow
participation from local political
subdivisions affected by the SIP.
Any IDEM rulemaking procedure
contained in IC 13–14–9 requires public
participation in the SIP development
process. In addition, IDEM ensures that
the requirements of 40 CFR 51.102 are
satisfied during the SIP development
process. EPA proposes that Indiana has
met the infrastructure SIP requirements
of section 110(a)(2)(M) with respect to
the 2008 Pb and ozone NAAQS.
V. What action is EPA taking?
EPA is proposing to approve elements
of Indiana’s submissions certifying that
its current SIP is sufficient to meet the
required infrastructure elements under
sections 110(a)(1) and (2) for the 2008
Pb and ozone NAAQS. EPA is also
proposing to approve portions of a
submission from Indiana intended to
meet EPA’s requirements its PSD
program, specifically 326 IAC 2–2–6(b),
326 IAC 2–2–1(f)(1), 326 IAC 2–2–
1(ee)(3), and 326 IAC 2–2–1(gg)(1)(C). In
addition, EPA is proposing to approve a
submission from Indiana intended to
meet the state board requirements of
section 128. Specifically, the rules
consist of IC 13–13–8–1, IC 13–13–8–
2(a), IC 13–18–8–2(b), IC 13–13–8–3, IC
13–13–8–4, and IC 13–13–8–11.
EPA’s proposed actions for Indiana’s
satisfaction of infrastructure SIP
requirements, by element of section
110(a)(2) and NAAQS, are contained in
the table below.
Element
2008 Pb
NAAQS
2008 ozone
NAAQS
(A): Emission limits and other control measures ....................................................................................................
(B): Ambient air quality monitoring and data system ..............................................................................................
(C)1: Enforcement of SIP measures .......................................................................................................................
(C)2: PSD Provisions for Pb and ozone .................................................................................................................
(C)3: PM2.5 precursors and PM2.5/PM10 condensables for PSD .............................................................................
(C)4: PM2.5 increments for PSD ..............................................................................................................................
(C)5: GHG permitting thresholds in PSD regulations .............................................................................................
(D)1: Contribute to nonattainment/interfere with maintenance of NAAQS .............................................................
(D)2: PSD ................................................................................................................................................................
(D)3: Visibility Protection .........................................................................................................................................
(D)4: Interstate Pollution Abatement .......................................................................................................................
(D)5: International Pollution Abatement ..................................................................................................................
(E)1: Adequate resources ........................................................................................................................................
(E)2: State boards ...................................................................................................................................................
(F): Stationary source monitoring system ...............................................................................................................
(G): Emergency power ............................................................................................................................................
(H): Future SIP revisions .........................................................................................................................................
(I): Nonattainment area plan or plan revisions under part D ..................................................................................
(J)1: Consultation with government officials ............................................................................................................
(J)2: Public notification ............................................................................................................................................
(J)3: PSD .................................................................................................................................................................
(J)4: Visibility protection (Regional Haze) ...............................................................................................................
(K): Air quality modeling and data ...........................................................................................................................
(L): Permitting fees ..................................................................................................................................................
(M): Consultation and participation by affected local entities .................................................................................
A
A
A
A
A
A
A
A
(**)
A
A
A
A
A
A
A
A
NA
A
A
(**)
+
A
A
A
A
A
A
A
A
A
A
NA
(**)
A
A
A
A
A
A
A
A
NA
A
A
(**)
+
A
A
A
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
In the table above, the key is as follows:
A Approve.
NA No Action/Separate Rulemaking.
D Disapprove.
+ Not relevant in these actions.
** Previously discussed in element (C).
VI. 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,
VerDate Mar<15>2010
15:01 Aug 16, 2013
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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
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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
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Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Proposed Rules
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Lead, Ozone, Reporting and
recordkeeping requirements.
Dated: July 31, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013–20155 Filed 8–16–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
40 CFR Part 52
[EPA–R05–OAR–2010–0566; FRL–9900–18–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans;
Michigan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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15:01 Aug 16, 2013
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On February 6, 2013, EPA
proposed to approve revisions to the
State of Michigan’s Clean Air Act State
Implementation Plan (SIP) that
Michigan had submitted on March 24,
2009. Michigan’s submittal included
revisions to Part 1, Definitions; Part 2,
Air Use Approval; and Part 19, New
Source Review for Sources Impacting
Nonattainment Areas, of the Michigan
rules. EPA is revising the February 6,
2013, proposed approval to announce
that we will not take action on the
changes to Part 2 Air Use Approval
rules and of the Part 2 revision
submittals on November 12, 1993, May
16, 1996, April 3, 1998, September 2,
2003, and March 24, 2009, at this time.
EPA is proposing to rescind Michigan’s
rule 336.1220 from its SIP. Michigan
included this request to rescind this
portion of the rule in its March 24, 2009,
submittal as part of the Part 19 New
Source Review rule approval. The
rescission of rule 336.1220 will
eliminate having differing
nonattainment rules in the State SIP.
DATES: Comments must be received on
or before September 18, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2010–0566, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: damico.genevieve@epa.gov.
3. Fax: (312) 886–0968.
4. Mail: Genevieve Damico, Chief, Air
Permits Section, Air Programs Branch
(AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Genevieve Damico,
Chief, Air Permits Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2010–
0566. 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.
SUMMARY:
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50369
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. For additional instructions on
submitting comments, go to Section I of
the SUPPLEMENTARY INFORMATION section
of this document.
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
Constantine Blathras, Environmental
Engineer, at (312) 886–0671 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Constantine Blathras, Environmental
Engineer, Air Permits, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–0671,
Blathras.constantine@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. What should I consider as I prepare my
comments for EPA?
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]]>Agencies
[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Proposed Rules]
[Pages 50360-50369]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20155]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2011-0888; EPA-R05-OAR-2011-0969; EPA-R05-OAR-2012-0567;
EPA-R05-OAR-2012-0988; FRL-9900-19-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Infrastructure SIP Requirements for the 2008 Lead and Ozone
National Ambient Air Quality Standards; Indiana PSD; Indiana State
Board Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve elements of state implementation
plan (SIP) submissions by Indiana regarding the infrastructure
requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA)
for the 2008 lead and 2008 8-hour ground level ozone national ambient
air quality standards (2008 Pb and ozone 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 is also proposing to
approve portions of submissions from Indiana addressing EPA's
requirements for the prevention of significant deterioration (PSD)
program. Lastly, EPA is proposing to approve a submission from Indiana
addressing the state board requirements under section 128 of the CAA.
DATES: Comments must be received on or before September 18, 2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0888 (2008 Pb infrastructure SIP elements), EPA-R05-OAR-2011-
0969 (2008 ozone infrastructure SIP elements), EPA-R05-OAR-2012-0567
(PSD elements), or EPA-R05-OAR-2012-0988 (state board requirements), 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, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to Docket ID. EPA-R05-OAR-2011-
0888 (2008 Pb infrastructure SIP elements), EPA-R05-OAR-2011-0969 (2008
ozone infrastructure SIP elements), EPA-R05-OAR-2012-0567 (PSD
elements), or EPA-R05-OAR-2012-0988 (state board requirements). 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 U.S. 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. What should I consider as I prepare my comments for EPA?
II. What is the background of these SIP submissions?
A. What state SIP submissions does this rulemaking address?
B. Why did the state make these SIP submissions?
C. What is the scope of this rulemaking?
III. What guidance is EPA using to evaluate these SIP submissions?
IV. What is the result of EPA's review of these SIP submissions?
A. Section 110(a)(2)(A)--Emission Limits and Other Control
Measures
B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data
System
C. Section 110(a)(2)(C)--Program for Enforcement of Control
Measures; PSD
D. Section 110(a)(2)(D)--Interstate Transport
E. Section 110(a)(2)(E)--Adequate Resources
F. Section 110(a)(2)(F)--Stationary Source Monitoring System
[[Page 50361]]
G. Section 110(a)(2)(G)--Emergency Powers
H. Section 110(a)(2)(H)--Future SIP Revisions
I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan
Revisions Under Part D
J. Section 110(a)(2)(J)--Consultation With Government Officials;
Public Notifications; PSD; Visibility Protection
K. Section 110(a)(2)(K)--Air Quality Modeling/Data
L. Section 110(a)(2)(L)--Permitting Fees
M. Section 110(a)(2)(M)--Consultation/Participation by Affected
Local Entities
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What is the background of these SIP submissions?
A. What state SIP submissions does this rulemaking address?
This rulemaking addresses the following: A December 12, 2011,
submission from the State of Indiana intended to meet the applicable
infrastructure SIP requirements for the 2008 Pb and ozone NAAQS; a July
12, 2012, submission that was supplemented on December 12, 2012, to
address various EPA requirements for its PSD program for incorporation
into its PSD SIP; and, a November 29, 2012, submission that was
supplemented on December 12, 2012, and May 22, 2013, to address the
state board requirements under section 128 for incorporation into the
SIP. The Indiana Department of Environmental Management (IDEM) has
requested that EPA approve these revisions with respect to PSD, as well
as the state board requirements of section 128, as satisfying any
applicable infrastructure SIP requirements for the 2008 Pb and ozone
NAAQS.
B. Why did the state make these SIP submissions?
Under sections 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 2008 Pb and ozone 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 Pb and ozone
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 National Ambient Air Quality Standards'' (2007 Memo).
On September 25, 2009, EPA issued an additional guidance document
pertaining to the 2006 PM2.5 NAAQS entitled ``Guidance on
SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-
Hour Fine Particle (PM2.5) National Ambient Air Quality
Standards (NAAQS)'' (2009 Memo). The most recent infrastructure SIP
guidance document to date is entitled, ``Guidance on infrastructure SIP
Elements Required Under Sections 110(a)(1) and (2) for the 2008 Lead
(Pb) National Ambient Air Quality Standards (NAAQS)'' (2011 Memo) and
was issued on October 14, 2011. Indiana's SIP submissions referenced in
this rulemaking pertain to the applicable requirements of section
110(a)(1) and (2), and primarily address the 2008 Pb and ozone NAAQS.
To the extent that the PSD program is comprehensive and non-NAAQS
specific, a narrow evaluation of other NAAQS, such as the 1997 8-hour
ozone and 2006 PM2.5 NAAQS, will be included in the
appropriate sections.
C. What is the scope of this rulemaking?
This rulemaking will not cover four substantive areas that are not
integral to acting on a state's infrastructure SIP submission: (i)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction at sources, that may be contrary to
the CAA and EPA's policies addressing such excess emissions (``SSM'');
(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 process or without
requiring further approval by EPA, that may be contrary to the CAA
(``director's discretion''); (iii) existing provisions for minor source
new source review (NSR) programs that may be inconsistent with the
requirements of the CAA and EPA's regulations that pertain to such
programs; and, (iv) existing provisions for PSD programs that may be
inconsistent with current requirements of EPA's ``Final NSR Improvement
Rule,'' 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526
(June 13, 2007) (``NSR Reform''). Instead, EPA has the authority to
address each of these four areas in separate rulemakings. A detailed
rationale can be found in EPA's July 13, 2011, final rule entitled,
``Infrastructure SIP Requirements for the 1997 8-hour Ozone and
PM2.5 National Ambient Air Quality Standards'' in the
section entitled, ``What is the scope of this final rulemaking?'' (see
76 FR 41075 at 41076-41079).
In addition, EPA is not acting on portions of section
110(a)(2)(D)(i)--Interstate transport and section 110(a)(2)(J)--
Consultation with government officials, public notifications, PSD, and
visibility protection. EPA is also not acting on section 110(a)(2)(I)--
Nonattainment Area Plan or Plan Revisions Under Part D, in its
entirety. The rationale for not acting on elements of these
requirements is discussed below.
III. What guidance is EPA using to evaluate these SIP submissions?
EPA's guidance for these infrastructure SIP submissions is embodied
in the 2007 Memo. Specifically, attachment A of this memorandum
(Required Section 110 SIP Elements) identifies the statutory elements
that states need to submit in order to satisfy the requirements for an
infrastructure SIP submission. The 2009 Memo was issued to provide
additional guidance for certain elements to meet the requirements of
section 110(a)(1) and (2) of the CAA, and the 2011 Memo provides
guidance specific to the 2008 Pb NAAQS.
IV. What is the result of EPA's review of these SIP submissions?
As noted in the 2011 Memo, pursuant to section 110(a), states must
provide reasonable notice and opportunity for public hearing for all
infrastructure SIP submissions. Indiana provided the opportunity for
public comment between October 28, 2011, and December 9, 2011.
Additionally, IDEM provided an opportunity for a public
[[Page 50362]]
hearing. No comments were received during the comment period, and a
public hearing was not requested. EPA is also soliciting comment on our
evaluation of IDEM's infrastructure SIP submission in this notice of
proposed rulemaking. Indiana provided a detailed synopsis of how
various components of its SIP meets each of the requirements in section
110(a)(2) for the 2008 Pb and ozone NAAQS, as applicable. The following
review evaluates Indiana's submissions.
A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures
This section requires SIPs to include enforceable emission limits
and other control measures, means or techniques, schedules for
compliance, and other related matters. However, EPA has long
interpreted emission limits and control measures for attaining the
standards as being due when nonattainment planning requirements are
due.\1\ In the context of an infrastructure SIP, EPA is not evaluating
the existing SIP provisions for this purpose. Instead, EPA is only
evaluating whether the state's SIP has basic structural provisions for
the implementation of the NAAQS.
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\1\ See, e.g., EPA's 73 FR 66964 at 67034, final rule on
``National Ambient Air Quality Standards for Lead.''
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IDEM's authority to adopt emissions standards and compliance
schedules is found at Indiana Code (IC) 13-14-8, IC 13-17-3-4, IC 13-
17-3-11, and IC 13-17-3-14. EPA proposes that Indiana has met the
infrastructure SIP requirements of section 110(a)(2)(A) with respect to
the 2008 Pb and ozone NAAQS.
As previously noted, EPA is not proposing to approve or disapprove
any existing state provisions or rules related to SSM or director's
discretion in the context of section 110(a)(2)(A).
B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System
This section requires SIPs to include provisions to provide for
establishing and operating ambient air quality monitors, collecting and
analyzing ambient air quality data, and making these data available to
EPA upon request. This review of the annual monitoring plan includes
EPA's determination that the state: (i) Monitors air quality at
appropriate locations throughout the state using EPA-approved Federal
Reference Methods or Federal Equivalent Method monitors; (ii) submits
data to EPA's Air Quality System (AQS) in a timely manner; and, (iii)
provides EPA Regional Offices with prior notification of any planned
changes to monitoring sites or the network plan.
IDEM continues to operate an air monitoring network; EPA approved
the state's 2013 Annual Air Monitoring Network Plan on October 31,
2012, including the plan for Pb and ozone. IDEM enters air monitoring
data into AQS, and the state provides EPA with prior notification when
changes to its monitoring network or plan are being considered. EPA
proposes that Indiana has met the infrastructure SIP requirements of
section 110(a)(2)(B) with respect to the 2008 Pb and ozone NAAQS.
C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures;
PSD
States are required to include a program providing for enforcement
of all SIP measures and the regulation of construction of new or
modified stationary sources to meet NSR requirements under the PSD and
nonattainment new source review (NNSR) programs. Part C of the CAA
(sections 160-169B) addresses PSD, while part D of the CAA (sections
171-193) addresses NNSR requirements.
The evaluation of Indiana's submission addressing the
infrastructure SIP requirements of section 110(a)(2)(C) covers: (i)
Enforcement of SIP measures; (ii) PSD program for the 2008 Pb and ozone
NAAQS including provisions that explicitly identify oxides of nitrogen
(NOx) as a precursor to ozone in the PSD program; (iii) identification
of precursors to PM2.5 and the identification of
PM2.5 and PM10 \2\ condensables in the PSD
program; (iv) PM2.5 increments in the PSD program; and, (v)
greenhouse gas (GHG) permitting and the ``Tailoring Rule.'' \3\
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\2\ PM10 refers to particles with diameters between
2.5 and 10 microns, oftentimes referred to as ``coarse'' particles.
\3\ In EPA's April 28, 2011, proposed rulemaking for
infrastructure SIPS for the 1997 ozone and PM2.5 NAAQS,
we stated that each state's PSD program must meet applicable
requirements for evaluation of all regulated NSR pollutants in PSD
permits (see 76 FR 23757 at 23760). This view was reiterated in
EPA's August 2, 2012, proposed rulemaking for infrastructure SIPs
for the 2006 PM2.5 NAAQS (see 77 FR 45992 at 45998). In
other words, if a state lacks provisions needed to adequately
address Pb, NOX as a precursor to ozone, PM2.5
precursors, PM2.5 and PM10 condensables,
PM2.5 increments, or the Federal GHG permitting
thresholds, the provisions of section 110(a)(2)(C) requiring a
suitable PSD permitting program must be considered not to be met
irrespective of the NAAQS that triggered the requirement to submit
an infrastructure SIP, including both the 2008 Pb and ozone NAAQS.
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Sub-Element 1: Enforcement of SIP measures
IDEM maintains an enforcement program to ensure compliance with SIP
requirements. IC 13-14-1-12 provides the Commissioner with the
authority to enforce rules ``consistent with the purpose of the air
pollution control laws.'' Additionally, IC 13-14-2-7 and IC 13-17-3-3
provide the Commissioner with the authority to assess civil penalties
and obtain compliance with any applicable rule a board has adopted in
order to enforce air pollution control laws. Lastly, IC 13-14-10-2
allows for an emergency restraining order that prevents any person from
causing, or introducing contaminants, that cause or contribute to air
pollution. EPA proposes that Indiana has met the enforcement of SIP
measures requirements of section 110(a)(2)(C) with respect to the 2008
Pb and ozone NAAQS.
Sub-Element 2: PSD Program for the 2008 Pb and Ozone NAAQS
Pursuant to the 2011 Memo, a state should demonstrate that it is
authorized to implement its PSD permit program to ensure that the
construction of major stationary sources does not cause or contribute
to a violation of the 2008 Pb NAAQS. Indiana's EPA-approved SIP rules,
contained at 326 Indiana Administrative Code (IAC) 2-2, contain
provisions that adequately address the applicable infrastructure SIP
requirements related to the 2008 Pb NAAQS.
EPA's ``Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard--Phase 2; Final Rule to Implement Certain Aspects
of the 1990 Amendments Relating to New Source Review and Prevention of
Significant Deterioration as They Apply in Carbon Monoxide, Particulate
Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline'' (Phase
2 Rule) was published on November 8, 2005 (see 70 FR 71612). Among
other requirements, the Phase 2 Rule obligated states to revise their
PSD programs to explicitly identify NOX as a precursor to
ozone (70 FR 71612 at 71679, 71699-71700). This requirement was
codified in 40 CFR 51.166, and consisted of the following: \4\
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\4\ Similar changes were codified in 40 CFR 52.21.
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40 CFR 51.166(b)(1)(ii): A major source that is major for volatile
organic compounds or NOX shall be considered major for
ozone;
40 CFR 51.166 (b)(2)(ii): Any significant emissions increase (as
defined at paragraph (b)(39) of this
[[Page 50363]]
section) from any emissions units or net emissions increase (as defined
in paragraph (b)(3) of this section) at a major stationary source that
is significant for volatile organic compounds or NOX shall
be considered significant for ozone;
40 CFR 51.166(b)(23)(i): Ozone: 40 tons per year (tpy) of volatile
organic compounds or nitrogen oxides;
40 CFR 51.166(b)(49)(i): \5\ Any pollutant for which a national
ambient air quality standard has been promulgated and any constituents
or precursors for such pollutants identified by the Administrator
(e.g., volatile organic compounds and NOX) are precursors
for ozone; and
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\5\ Note that this section of 40 CFR 51.166 has been amended as
a result of EPA's Final Rule on the ``Implementation of the New
Source Review (NSR) Program for Particulate Matter Less than 2.5
Micrometers (PM2.5); the regulatory text as listed was
current as of the issuance of the Phase 2 Rule. The current citation
for the VOCs and NOX as precursors for ozone are
contained in 40 CFR 51.166(b)(49)(i)(b)(i).
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40 CFR 51.166(i)(5)(i)(e) footnote 1: No de minimis air quality
level is provided for ozone. However, any net emissions increase of 100
tpy or more of volatile organic compounds or nitrogen oxides subject to
PSD would be required to perform an ambient impact analysis, including
the gathering of air quality data.
The Phase 2 Rule required that states submit SIP revisions
incorporating the requirements of the rule, including these specific
NOX as a precursor to ozone provisions, by June 15, 2007
(see 70 FR 71612 at 71683). EPA approved revisions to Indiana's PSD SIP
reflecting these requirements on October 29, 2012 (see 77 FR 65478).
EPA proposes that Indiana has met this set of infrastructure SIP
requirements of section 110(a)(2)(C) with respect to the 2008 Pb and
ozone NAAQS.
Sub-Element 3: Identification of Precursors to PM2.5 and the
Identification of PM2.5 and PM10 Condensables in
the PSD Program
On May 16, 2008 (see 73 FR 28321), EPA issued the Final Rule on the
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5)'' (2008 NSR Rule).
The 2008 NSR Rule finalized several new requirements for SIPS to
address sources that emit direct PM2.5 and other pollutants
that contribute to secondary PM2.5 formation. One of these
requirements is for NSR permits to address pollutants responsible for
the secondary formation of PM2.5, otherwise known as
precursors. In the 2008 rule, EPA identified precursors to
PM2.5 for the PSD program to be sulfur dioxide
(SO2) and NOX (unless the state demonstrates to
the Administrator's satisfaction or EPA demonstrates that
NOX emissions in an area are not a significant contributor
to that area's ambient PM2.5 concentrations). The 2008 NSR
Rule also specifies that volatile organic compounds (VOCs) are not
considered to be precursors to PM2.5 in the PSD program
unless the state demonstrates to the Administrator's satisfaction or
EPA demonstrates that emissions of VOCs in an area are significant
contributors to that area's ambient PM2.5 concentrations.
The explicit references to SO2, NOX, and VOCs
as they pertain to secondary PM2.5 formation are codified at
40 CFR 51.166(b)(49)(i)(b) and 40 CFR 52.21(b)(50)(i)(b). As part of
identifying pollutants that are precursors to PM2.5, the
2008 NSR Rule also required states to revise the definition of
``significant'' as it relates to a net emissions increase or the
potential of a source to emit pollutants. Specifically, 40 CFR
51.166(b)(23)(i) and 40 CFR 52.21(b)(23)(i) define ``significant'' for
PM2.5 to mean the following emissions rates: 10 tpy of
direct PM2.5; 40 tpy of SO2; and 40 tpy of
NOX (unless the state demonstrates to the Administrator's
satisfaction or EPA demonstrates that NOX emissions in an
area are not a significant contributor to that area's ambient
PM2.5 concentrations). The deadline for states to submit SIP
revisions to their PSD programs incorporating these changes was May 16,
2011 (see 73 FR 28321 at 28341).\6\
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\6\ EPA notes that on January 4, 2013, the U.S. Court of Appeals
for the D.C. Circuit, in Natural Resources Defense Council v. EPA,
706 F.3d 428 (D.C. Cir.), held that EPA should have issued the 2008
NSR Rule in accordance with the CAA's requirements for
PM10 nonattainment areas (Title I, Part D, subpart 4),
and not the general requirements for nonattainment areas under
subpart 1 (Natural Resources Defense Council v. EPA, No. 08-1250).
As the subpart 4 provisions apply only to nonattainment areas, the
EPA does not consider the portions of the 2008 rule that address
requirements for PM2.5 attainment and unclassifiable
areas to be affected by the court's opinion. Moreover, EPA does not
anticipate the need to revise any PSD requirements promulgated by
the 2008 NSR rule in order to comply with the court's decision.
Accordingly, the EPA's approval of Indiana's infrastructure SIP as
to elements (C), (D)(i)(II), or (J) with respect to the PSD
requirements promulgated by the 2008 implementation rule does not
conflict with the court's opinion. The Court's decision with respect
to the nonattainment NSR requirements promulgated by the 2008
implementation rule also does not affect EPA's action on the present
infrastructure action. EPA interprets the CAA to exclude
nonattainment area requirements, including requirements associated
with a nonattainment NSR program, from infrastructure SIP
submissions due three years after adoption or revision of a NAAQS.
Instead, these elements are typically referred to as nonattainment
SIP or attainment plan elements, which would be due by the dates
statutorily prescribed under subpart 2 through 5 under part D,
extending as far as 10 years following designations for some
elements.
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The 2008 NSR Rule did not require states to immediately account for
gases that could condense to form particulate matter, known as
condensables, in PM2.5 and PM10 emission limits
in NSR permits. Instead, EPA determined that states had to account for
PM2.5 and PM10 condensables for applicability
determinations and in establishing emissions limitations for
PM2.5 and PM10 in PSD permits beginning on or
after January 1, 2011. This requirement is codified in 40 CFR
51.166(b)(49)(i)(a) and 40 CFR 52.21(b)(50)(i)(a). Revisions to states'
PSD programs incorporating the inclusion of condensables were required
be submitted to EPA by May 16, 2011 (see 73 FR 28321 at 28341).
EPA approved revisions to Indiana's PSD SIP reflecting these
requirements on October 29, 2012 (see 77 FR 65478), and therefore
proposes that Indiana has met this set of infrastructure SIP
requirements of section 110(a)(2)(C) with respect to the 2008 Pb and
ozone NAAQS.
Sub-Element 4: PM2.5 Increments in the PSD Program
On October 20, 2010, EPA issued the final rule on the ``Prevention
of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5
Micrometers (PM2.5)--Increments, Significant Impact Levels
(SILs) and Significant Monitoring Concentration (SMC)'' (2010 NSR
Rule). This rule established several components for making PSD
permitting determinations for PM2.5, including a system of
``increments'' which is the mechanism used to estimate significant
deterioration of ambient air quality for a pollutant. These increments
are codified in 40 CFR 51.166(c) and 40 CFR 52.21(c), and are included
in the table below.
Table 1--PM2.5 Increments Established by the 2010 NSR Rule in Micrograms
per Cubic Meter
------------------------------------------------------------------------
Annual
arithmetic 24-hour max
------------------------------------------------------------------------
Class I................................. 1 2
Class II................................ 4 9
Class III............................... 8 18
------------------------------------------------------------------------
The 2010 NSR Rule also established a new ``major source baseline
date'' for PM2.5 as October 20, 2010, and a new trigger date
for PM2.5 as October 20, 2011. These revisions are codified
in 40
[[Page 50364]]
CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), and 40 CFR
52.21(b)(14)(i)(c) and (b)(14)(ii)(c). Lastly, the 2010 NSR Rule
revised the definition of ``baseline area'' to include a level of
significance of 0.3 micrograms per cubic meter, annual average, for
PM2.5. This change is codified in 40 CFR 51.166(b)(15)(i)
and 40 CFR 52.21(b)(15)(i).
On July 12, 2012, and supplemented on December 12, 2012, IDEM
submitted revisions intended to address the increments established by
the 2010 NSR Rule for incorporation into the SIP, as well as the
revised major source baseline date, trigger date, and baseline area
level of significance for PM2.5. IDEM also requested that
these revisions satisfy any applicable infrastructure SIP requirements
related to PSD. Specifically, revisions to 326 IAC 2-2-6(b) contain the
Federal increments for PM2.5, 326 IAC 2-2-1(ee)(3) contains
the new major source baseline date for PM2.5 of October 20,
2010, 326 IAC 2-2-1(gg)(1)(C) contains the new trigger date for
PM2.5 of October 20, 2011, and 326 IAC 2-2-1(f)(1) contains
the new baseline area level of significance for PM2.5. It
should be noted that Indiana's submitted revisions explicitly include
only the PM2.5 increments as they apply to Class II areas,
and not the PM2.5 increments as they apply to Class I or
Class III areas. However, Indiana's requested revisions specify that if
areas in the state are one day classified as Class I or III, the PSD
increments pursuant to 40 CFR 52.21 would be adhered to. Because the
state's requested revisions are substantively identical to Federal
regulations, EPA therefore proposes to approve 326 IAC 2-2-6(b) into
the SIP, and also proposes that Indiana has met this set of
infrastructure SIP requirements of section 110(a)(2)(C) with respect to
the 2008 Pb and ozone NAAQS. In the event that areas in Indiana are one
day designated as Class I or Class III, EPA expects IDEM to adopt the
Federally promulgated increments pursuant to 40 CFR 52.21, and submit
them for incorporation into the SIP.
Sub-Element 5: GHG Permitting and the ``Tailoring Rule''
On June 3, 2010, EPA issued a final rule establishing a ``common
sense'' approach to addressing GHG emissions from stationary sources
under the CAA permitting programs. The ``Prevention of Significant
Deterioration and Title V Greenhouse Gas Tailoring Rule,'' or
``Tailoring Rule,'' set thresholds for GHG emissions that define when
permits under the NSR PSD and title V operating permit programs are
required for new and existing industrial facilities (see 75 FR 31514).
The Tailoring Rule set the GHG PSD applicability threshold at 75,000
tpy as expressed in carbon dioxide equivalent; if states have not
adopted this threshold, sources with GHG emissions above 100 tpy or 250
tpy (depending on source category) would be subject to PSD, effective
January 2, 2011. The lower thresholds could potentially result in
certain residential and commercial sources triggering GHG PSD
requirements.
On December 23, 2010, EPA issued a subsequent series of rules that
put the necessary framework in place to ensure that industrial
facilities can get CAA permits covering their GHG emissions when
needed, and that facilities emitting GHGs at levels below those
established in the Tailoring Rule do not need to obtain CAA permits.\7\
Included in this series of rules was EPA's issuance of the ``Limitation
of Approval of Prevention of Significant Deterioration Provisions
Concerning Greenhouse Gas Emitting-Sources in State Implementation
Plans,'' referred to as the PSD SIP ``Narrowing Rule'' on December 30,
2010 (see 75 FR 82536). The Narrowing Rule limits, or ``narrows,''
EPA's approval of PSD programs that were previously approved into SIPs;
the programs in question are those that apply PSD to sources that emit
GHG. Specifically, the effect of the Narrowing Rule is that provisions
that are no longer approved--e.g., portions of already approved SIPs
that apply PSD to GHG emissions increases from sources emitting GHG
below the Tailoring Rule thresholds--now have the status of having been
submitted by the state but not yet acted upon by EPA. In other words,
the Narrowing Rule focuses on eliminating the PSD obligations under
Federal law for sources below the Tailoring Rule thresholds.
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\7\ https://www.epa.gov/NSR/actions.html#2010.
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On September 28, 2011 (76 FR 59899), EPA approved revisions to
Indiana's PSD SIP that included the adoption of the Federal thresholds
for PSD permitting of GHG-emitting sources. Indiana's December 12,
2011, submission states that it intended for our September 28, 2011,
approval to satisfy applicable GHG permitting requirements related to
their 2008 Pb and ozone NAAQS infrastructure SIP. Therefore, EPA
proposes that Indiana's GHG permitting program has met this set of
requirements related to section 110(a)(2)(C) and (E) for the 2008 Pb
and ozone NAAQS.\8\
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\8\ Section 110(a)(2)(E) requires that states have the resources
to administer an air quality management program. Some states that
are not covered by the Narrowing Rule may not be able to adequately
demonstrate that they have adequate personnel to issue GHG permits
to all sources that emit GHG under the Tailoring Rule thresholds.
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EPA reiterates that minor NSR regulations and NSR reform
regulations are not in the scope of infrastructure SIP actions.
Therefore, we are not proposing to approve or disapprove existing minor
NSR regulations or NSR reform regulations for Indiana's 2008 Pb and
ozone NAAQS infrastructure SIP. To address the pre-construction
regulation of the modification and construction of minor stationary
sources and minor modifications of major stationary sources, an
infrastructure SIP submission should identify the existing EPA-approved
SIP provisions and/or include new provisions that govern the minor
source pre-construction program that regulates emissions of the
relevant NAAQS pollutants. EPA approved Indiana's minor NSR program on
October 7, 1994 (see 59 FR 51108), and since that date, IDEM and EPA
have relied on the existing minor NSR program to ensure that new and
modified sources not captured by the major NSR permitting programs do
not interfere with attainment and maintenance of the 2008 Pb and ozone
NAAQS.
Furthermore, various sub-elements in this section overlap with
elements of section 110(a)(2)(D)(i), section 110(a)(2)(E) and section
110(a)(2)(J). These links will be discussed in the appropriate areas
below.
D. Section 110(a)(2)(D)--Interstate Transport
Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one state
from contributing significantly to nonattainment, or interfering with
maintenance, of the NAAQS in another state.
With respect to the 2008 Pb NAAQS, the 2011 Memo notes that the
physical properties of Pb prevent it from experiencing the same travel
or formation phenomena as PM2.5 or ozone. Specifically,
there is a sharp decrease in Pb concentrations as the distance from a
Pb source increases. Accordingly, it may be possible for a source in a
state to emit Pb at a location and in such quantities that contribute
significantly to nonattainment in, or interference with maintenance by,
any other state. However, EPA anticipates that this would be a rare
situation, e.g., sources emitting large quantities of Pb are in close
proximity to state boundaries. The 2011 Memo suggests that the
applicable interstate transport
[[Page 50365]]
requirements of section 110(a)(2)(D)(i)(I) can be met through a state's
assessment as to whether or not emissions from Pb sources located in
close proximity to its borders have emissions that impact a neighboring
state such that they contribute significantly to nonattainment or
interfere with maintenance in that state. One way that a state's
conclusion could be supported is by the technical support documents
used for initial area designations for Pb.
In its infrastructure SIP submission, IDEM noted that a small
portion of Delaware County in east central Indiana was designated as
nonattainment for the 2008 Pb NAAQS (see 75 FR 71033). IDEM observed
that this area is approximately 30 miles from the Indiana-Ohio state
line. IDEM further noted that there are no other areas with sources
that emit Pb at or above 0.5 tpy. EPA does not believe that the
elevated levels of ambient Pb concentrations in Delaware County (or
emissions from any other county) would cause or contribute to a
violation of the 2008 Pb NAAQS in Ohio, or create a situation in Ohio
where maintenance of the 2008 Pb NAAQS was not possible. The final
technical support document for Delaware County supports the notion that
the ambient concentrations of Pb are not expected to exceed the NAAQS
outside of the nonattainment boundaries. Therefore, EPA proposes that
Indiana has met this set of requirements related to section
110(a)(2)(D)(i)(I) for the 2008 Pb NAAQS.
In this notice, we are not proposing to act on the portions of
Indiana's submission intended to address the interstate transport
requirements of section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS.
Rather, we intend to take separate action on Indiana's satisfaction of
these requirements.
Section 110(a)(2)(D)(i)(II) requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one state
from interfering with measures required to prevent significant
deterioration of air quality or to protect visibility in another state.
EPA notes that Indiana's satisfaction of the applicable
infrastructure SIP PSD requirements for the 2008 lead and ozone NAAQS
has been detailed in the section addressing section 110(a)(2)(C). EPA
notes that the proposed actions in that section related to PSD are
consistent with the proposed actions related to PSD for section
110(a)(2)(D)(i)(II), and they are reiterated below.
EPA has previously approved revisions to Indiana's SIP that meet
certain requirements obligated by the Phase 2 Rule and the 2008 NSR
Rule. These revisions included provisions that: Explicitly identify
NOX as a precursor to ozone, explicitly identify
SO2 and NOX as precursors to PM2.5,
and regulate condensable PM2.5 and PM10 in
applicability determinations and establishing emissions limits. EPA has
also previously approved revisions to Indiana's SIP adopting the
Federal Tailoring Rule thresholds for GHG emitting sources for PSD
permitting. Indiana's SIP contains provisions that adequately address
the 2008 Pb NAAQS, and in this action, EPA is also proposing to approve
revisions to Indiana's SIP that incorporate the PM2.5
increments and the associated implementation regulations including the
major source baseline date, trigger date, and level of significance for
PM2.5 per the 2010 NSR Rule. States also have an obligation
to ensure that sources located in nonattainment areas do not interfere
with a neighboring state's PSD program. One way that this requirement
can be satisfied is through a suitable NNSR program that addresses any
pollutants for which there is a designated nonattainment areas within
the state. Indiana's EPA-approved NNSR regulations are contained as
part of their PSD program regulations, and can be found in 326 IAC 2-2.
Specifically, these regulations contain provisions for how the state
must treat and control sources in ozone and Pb nonattainment areas,
consistent with 40 CFR 51.165, or appendix S to 40 CFR part 51.
Therefore EPA proposes that Indiana has met all of the applicable PSD
requirements for the 2008 Pb and ozone NAAQS related to section
110(a)(2)(D)(i)(II).
With regard to the applicable requirements for visibility
protection of section 110(a)(2)(D)(i)(II), states are subject to
visibility and regional haze program requirements under part C of the
CAA (which includes sections 169A and 169B). The 2009 Memo and the 2011
Memo state that these requirements can be satisfied by an approved SIP
addressing reasonably attributable visibility impairment, if required,
or an approved SIP addressing regional haze. EPA's final approval of
Indiana's regional haze plan was published on June 11, 2012 (see 77 FR
34218). Therefore, EPA proposes that Indiana has met this set of
infrastructure SIP requirements of section 110(a)(2)(D)(i)(II) for the
2008 Pb and ozone NAAQS.
Section 110(a)(2)(D)(ii) requires each SIP to contain adequate
provisions requiring compliance with the applicable requirements of
section 126 and section 115 (relating to interstate and international
pollution abatement, respectively).
Section 126(a) requires new or modified sources to notify
neighboring states of potential impacts from the source. The statute
does not specify the method by which the source should provide the
notification. States with SIP-approved PSD programs must have a
provision requiring such notification by new or modified sources. A
lack of such a requirement in state rules would be grounds for
disapproval of this element.
Indiana has provisions in its EPA-approved PSD program requiring
new or modified sources to notify neighboring states of potential
negative air quality impacts, and has referenced this program as having
adequate provisions to meet the requirements of section 126(a). EPA is
proposing that Indiana has met the infrastructure SIP requirements of
section 126(a) with respect to the 2008 Pb and ozone NAAQS. Indiana
does not have any obligations under any other section of section 126,
nor does it have any pending obligations under section 115. EPA
therefore is proposing that Indiana has met all applicable
infrastructure SIP requirements of section 110(a)(2)(D)(ii).
E. Section 110(a)(2)(E)--Adequate resources
This section requires each state to provide for adequate personnel,
funding, and legal authority under state law to carry out its SIP, and
related issues. Section 110(a)(2)(E)(ii) also requires each state to
comply with the requirements respecting state boards under section 128.
Sub-Element 1: Adequate Personnel, Funding, and Legal Authority Under
State Law To Carry Out Its SIP, and Related Issues
Indiana's biennial budget and their environmental performance
partnership agreement with EPA document funding and personnel levels
for IDEM every 2 years. As discussed in earlier sections, IC 13-14-1-12
provides the Commissioner of IDEM with the authority to enforce air
pollution control laws. Furthermore, IC 13-14-8, IC 13-17-3-11, and IC
13-17-3-14 contain the authority for IDEM to adopt air emissions
standards and compliance schedules. EPA proposes that Indiana has met
the infrastructure SIP requirements of this portion of section
110(a)(2)(E) with respect to the 2008 Pb and ozone NAAQS.
As noted above in the discussion addressing section 110(a)(2)(C),
the resources needed to permit all sources emitting more than 100 tpy
or 250 tpy
[[Page 50366]]
(as applicable) of GHG would require more resources than some states
appear to have. As previously discussed, however, EPA approved
revisions to Indiana's PSD program adopting the Federal Tailoring Rule
thresholds for GHG on September 28, 2011. Therefore, Indiana's SIP as
it relates to GHG-emitting sources for PSD does not involve permitting
sources smaller than the Tailoring Rule thresholds, and EPA proposes
that Indiana retains the resources necessary to implement the
requirements of its SIP.
Sub-Element 2: State Board Requirements Under Section 128 of the CAA
Section 110(a)(2)(E) also requires each SIP to contain provisions
that comply with the state board requirements of section 128 of the
CAA. That provision contains two explicit requirements: (i) That any
board or body which approves permits or enforcement orders under this
chapter shall have at least a majority of members who represent the
public interest and do not derive any significant portion of their
income from persons subject to permits and enforcement orders under
this chapter, and (ii) that any potential conflicts of interest by
members of such board or body or the head of an executive agency with
similar powers be adequately disclosed.
On November 29, 2012, IDEM submitted rules regarding its
Environmental Rules Board at IC 13-13-8 for incorporation into the SIP,
pursuant to section 128 of the CAA. On December 12, 2012, IDEM provided
a supplemental submission clarifying that the Environmental Rules Board
established by IC 13-13-8, which has the authority to adopt
environmental regulations under IC 4-22-2 and IC 13-14-9, does not have
the authority to approve enforcement orders or permitting actions as
outlined in section 128(a)(1) of the CAA. Therefore, section 128(a)(1)
of the CAA is not applicable in Indiana.
Under section 128(a)(2), the head of the executive agency with the
power to approve enforcement orders or permits must adequately disclose
any potential conflicts of interest. IC 13-13-8-11 ``Disclosure of
conflicts of interest'' contains provisions that adequately satisfy the
requirements of section 128(a)(2). This section requires that each
member of the board shall fully disclose any potential conflicts of
interest relating to permits or enforcement orders under the Federal
CAA, as amended by the CAA Amendments of 1990. IC 13-13-8-4 defines the
membership of the board, and the commissioner (of IDEM) or his/her
designee is explicitly included as a member of the board. Therefore,
when evaluated together in the context of section 128(a)(2), the
commissioner (of IDEM) or his/her designee must fully disclose any
potential conflicts of interest relating to permits or enforcement
orders under the CAA. EPA concludes that IDEM's submission as it
relates to the state board requirements under section 128 is consistent
with applicable CAA requirements. As a result, we are proposing to
approve these rules into the SIP. The rules consist of IC 13-13-8-1, IC
13-13-8-2(a), IC 13-18-8-2(b), IC 13-13-8-3, IC 13-13-8-4, and IC 13-
13-8-11. On May 22, 2013, IDEM requested that these rules satisfy not
only the applicable requirements of section 128 of the CAA, but that
they satisfy any applicable requirements of section 110(a)(2)(E) for
the 2008 Pb and ozone NAAQs. Therefore, EPA is proposing that IDEM has
satisfied the applicable infrastructure SIP requirements for this
section of 110(a)(2)(E) for the 2008 Pb and ozone NAAQS.
F. Section 110(a)(2)(F)--Stationary Source Monitoring System
States must establish a system to monitor emissions from stationary
sources and submit periodic emissions reports. Each plan shall also
require the installation, maintenance, and replacement of equipment,
and the implementation of other necessary steps, by owners or operators
of stationary sources to monitor emissions from such sources. The state
plan shall also require periodic reports on the nature and amounts of
emissions and emissions-related data from such sources, and correlation
of such reports by each state agency with any emission limitations or
standards established pursuant to this chapter. Lastly, the reports
shall be available at reasonable times for public inspection.
The Indiana state rules for monitoring requirements are contained
in 326 IAC 3. Additional emissions reporting requirements are found in
326 IAC 2-6. Emission reports are available upon request by EPA or
other interested parties. EPA proposes that Indiana has satisfied the
infrastructure SIP requirements of section 110(a)(2)(F) with respect to
the 2008 Pb and ozone NAAQS.
G. Section 110(a)(2)(G)--Emergency Powers
This section requires that a plan provide for authority that is
analogous to what is provided in section 303 of the CAA, and adequate
contingency plans to implement such authority. The 2011 Memo states
that infrastructure SIP submissions should specify authority, rested in
an appropriate official, to restrain any source from causing or
contributing to Pb emissions which present an imminent and substantial
endangerment to public health or welfare, or the environment.
326 IAC 11-5 establishes air pollution episode levels based on
concentrations of criteria pollutants. This rule requires that
emergency reduction plans be submitted to the Commissioner of IDEM by
major air pollution sources, and these plans must include actions that
will be taken when each episode level is declared, to reduce or
eliminate emissions of the appropriate air pollutants. Similarly, under
IC 13-17-4, Indiana also has the ability to declare an air pollution
emergency and order all persons causing or contributing to the
conditions warranting the air pollution emergency to immediately reduce
or discontinue emission of air contaminants. EPA proposes that Indiana
has met the applicable infrastructure SIP requirements of section
110(a)(2)(G) related to authority to implement measures to restrain
sources from causing or contributing to emissions which present an
imminent and substantial endangerment to public health or welfare, or
the environment with respect to the 2008 Pb and ozone NAAQS.
As indicated in the 2011 Memo, EPA believes that the central
components of a contingency plan for the 2008 Pb NAAQS would be to
reduce emissions from the source at issue and to communicate with the
public as needed. Where a state believes, based on its inventory of Pb
sources and historic monitoring data, that it does not need a more
specific contingency plan beyond having authority to restrain any
source from causing or contributing to an imminent and substantial
endangerment, then the state could provide such a detailed rationale in
place of a specific contingency plan.
EPA has reviewed historic data at Pb monitoring sites throughout
Indiana, and believes that a specific contingency plan beyond having
authority to restrain any source from causing or contributing to an
imminent and substantial endangerment is not necessary at this time.
For example, one way to quantify the possibility of imminent and
substantial endangerment in this context would be a daily monitored
value for Pb that could by itself cause
[[Page 50367]]
a violation of the 2008 Pb NAAQS.\9\ EPA has reviewed data from 2010-
2012 (the most recent consecutive 36-month block of complete data) and
observes that no such daily monitored value exists.
---------------------------------------------------------------------------
\9\ See appendix R to 40 CFR part 50 for data handling
conventions and computations necessary for determining when the
NAAQS are met.
---------------------------------------------------------------------------
As described in the section detailing interstate transport of Pb,
EPA does not anticipate other areas in Indiana needing specific
contingency measures due to low Pb emissions. EPA proposes that Indiana
has met the applicable infrastructure SIP requirements of section
110(a)(2)(G) related to contingency measures for the 2008 Pb and ozone
NAAQS.
H. Section 110(a)(2)(H)--Future SIP Revisions
This section requires states to have the authority to revise their
SIPs in response to changes in the NAAQS, availability of improved
methods for attaining the NAAQS, or to an EPA finding that the SIP is
substantially inadequate.
IDEM continues to update and implement needed revisions to
Indiana's SIP as necessary to meet ambient air quality standards. As
discussed in previous sections, authority to adopt emissions standards
and compliance schedules is found at IC 13-4-8, IC 13-17-3-4, IC 13-17-
3-11, and IC 13-17-3-14. EPA proposes that Indiana has met the
infrastructure SIP requirements of section 110(a)(2)(H) with respect to
the 2008 Pb and ozone NAAQS.
I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions
Under Part D
The CAA requires that each plan or plan revision for an area
designated as a nonattainment area meet the applicable requirements of
part D of the CAA. Part D relates to nonattainment areas.
EPA has determined that section 110(a)(2)(I) is not applicable to
the infrastructure SIP process. Instead, EPA takes action on part D
attainment plans through separate processes.
J. Section 110(a)(2)(J)--Consultation With Government Officials; Public
Notifications; PSD; Visibility Protection
The evaluation of Indiana's submission addressing the requirements
of section 110(a)(2)(J) are described below.
Sub-Element 1: Consultation With Government Officials
States must provide a process for consultation with local
governments and Federal Land Managers (FLMs) carrying out NAAQS
implementation requirements. IDEM actively participates in the regional
planning efforts that include state rule developers, representatives
from the FLMs, and other affected stakeholders. Additionally, Indiana
is an active member of the Lake Michigan Air Director's Consortium,
which consists of collaboration with the States of Illinois, Wisconsin,
Michigan, Minnesota, and Ohio. EPA proposes that Indiana has met the
infrastructure SIP requirements of this portion of section 110(a)(2)(J)
with respect to the 2008 Pb and ozone NAAQS.
Sub-Element 2: Public Notification
Section 110(a)(2)(J) also requires states to notify the public if
NAAQS are exceeded in an area and must enhance public awareness of
measures that can be taken to prevent exceedances.
IDEM monitors air quality data daily, and reports the air quality
index to the interested public and media if necessary. IDEM also
participates and submits information to EPA's AIRNOW program, and
maintains SmogWatch, which is an informational tool created by IDEM to
share air quality forecasts for each day. SmogWatch provides daily
information about ground-level ozone, particulate matter concentration
levels, health information, and monitoring data for seven regions in
Indiana. IDEM also maintains a publicly available Web site that allows
interested members of the community and other stakeholders to view
current monitoring data summaries, including those for ozone and
Pb.\10\ IDEM has also published fact sheets available to the public
that pertain the 2008 Pb NAAQS, including strategies to mitigate human
exposure.\11\ EPA proposes that Indiana has met the infrastructure SIP
requirements of this portion of section 110(a)(2)(J) with respect to
the 2008 Pb and ozone NAAQS.
---------------------------------------------------------------------------
\10\ See https://www.in.gov/idem/airquality/2489.htm.
\11\ See, e.g., https://www.in.gov/idem/files/factsheet_air_quality_lead.pdf.
---------------------------------------------------------------------------
Sub-Element 3: PSD
States must meet applicable requirements of section 110(a)(2)(C)
related to PSD. IDEM's PSD program in the context of infrastructure
SIPs has already been discussed in the paragraphs addressing section
110(a)(2)(C) and 110(a)(2)(D)(i)(II), and EPA notes that the proposed
actions for those sections are consistent with the proposed actions for
this portion of section 110(a)(2)(J). Our proposed actions are
reiterated below.
EPA has previously approved revisions to Indiana's SIP that meet
certain requirements obligated by the Phase 2 Rule and the 2008 NSR
Rule. These revisions included provisions that: Explicitly identify
NOX as a precursor to ozone, explicitly identify
SO2 and NOX as precursors to PM2.5,
and regulate condensable PM2.5 and PM10 in
applicability determinations and emissions limits. EPA has also
previously approved revisions to Indiana's SIP adopting the Federal
Tailoring Rule thresholds for GHG emitting sources for PSD permitting.
Indiana's SIP contains provisions that adequately address the 2008 Pb
NAAQS, and in this action, EPA is also proposing to approve revisions
to Indiana's SIP that incorporate the PM2.5 increments and
the associated implementation regulations per the 2010 NSR Rule.
Therefore, EPA proposes that Indiana has met all of the infrastructure
SIP requirements for PSD associated with section 110(a)(2)(D)(J) for
the 2008 Pb and ozone NAAQS.
Sub-Element 4: Visibility Protection
With regard to the applicable requirements for visibility
protection, states are subject to visibility and regional haze program
requirements under part C of the CAA (which includes sections 169A and
169B). In the event of the establishment of a new NAAQS, however, the
visibility and regional haze program requirements under part C do not
change. Thus, we find that there is no new visibility obligation
``triggered'' under section 110(a)(2)(J) when a new NAAQS becomes
effective. This would be the case even in the event a secondary
PM2.5 NAAQS for visibility is established, because this
NAAQS would not affect visibility requirements under part C. In other
words, the visibility protection requirements of section 110(a)(2)(J)
are not germane to infrastructure SIPs for the 2008 Pb and ozone NAAQS.
K. Section 110(a)(2)(K)--Air Quality Modeling/Data
SIPs must provide for performing air quality modeling for
predicting effects on air quality of emissions from any NAAQS pollutant
and submission of such data to EPA upon request.
IDEM continues to review the potential impact of major and some
minor new and modified sources using computer models. Indiana's rules
regarding air quality modeling are
[[Page 50368]]
contained in 326 IAC 2-2-4, 326 IAC 2-2-5, 326 IAC 2-2-6, and 326 IAC
2-2-7. These modeling data are available to EPA or other interested
parties upon request. EPA proposes that Indiana has met the
infrastructure SIP requirements of section 110(a)(2)(K) with respect to
the 2008 Pb and ozone NAAQS.
L. Section 110(a)(2)(L)--Permitting Fees
This section requires SIPs to mandate each major stationary source
to pay permitting fees to cover the cost of reviewing, approving,
implementing, and enforcing a permit.
IDEM implements and operates the title V permit program, which EPA
approved on December 4, 2001 (66 FR 62969); revisions to the program
were approved on August 13, 2002 (67 FR 52615). In addition to the
title V permit program, IDEM's EPA-approved PSD program, specifically
contained in 326 IAC 2-1.1-07 contains the provisions, requirements,
and structures associated with the costs for reviewing, approving,
implementing, and enforcing various types of permits. EPA proposes that
Indiana has met the infrastructure SIP requirements of section
110(a)(2)(L) with respect to the 2008 Pb and ozone NAAQS.
M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local
Entities
States must consult with and allow participation from local
political subdivisions affected by the SIP.
Any IDEM rulemaking procedure contained in IC 13-14-9 requires
public participation in the SIP development process. In addition, IDEM
ensures that the requirements of 40 CFR 51.102 are satisfied during the
SIP development process. EPA proposes that Indiana has met the
infrastructure SIP requirements of section 110(a)(2)(M) with respect to
the 2008 Pb and ozone NAAQS.
V. What action is EPA taking?
EPA is proposing to approve elements of Indiana's submissions
certifying that its current SIP is sufficient to meet the required
infrastructure elements under sections 110(a)(1) and (2) for the 2008
Pb and ozone NAAQS. EPA is also proposing to approve portions of a
submission from Indiana intended to meet EPA's requirements its PSD
program, specifically 326 IAC 2-2-6(b), 326 IAC 2-2-1(f)(1), 326 IAC 2-
2-1(ee)(3), and 326 IAC 2-2-1(gg)(1)(C). In addition, EPA is proposing
to approve a submission from Indiana intended to meet the state board
requirements of section 128. Specifically, the rules consist of IC 13-
13-8-1, IC 13-13-8-2(a), IC 13-18-8-2(b), IC 13-13-8-3, IC 13-13-8-4,
and IC 13-13-8-11.
EPA's proposed actions for Indiana's satisfaction of infrastructure
SIP requirements, by element of section 110(a)(2) and NAAQS, are
contained in the table below.
------------------------------------------------------------------------
2008 ozone
Element 2008 Pb NAAQS NAAQS
------------------------------------------------------------------------
(A): Emission limits and other control A A
measures.............................
(B): Ambient air quality monitoring A A
and data system......................
(C)1: Enforcement of SIP measures..... A A
(C)2: PSD Provisions for Pb and ozone. A A
(C)3: PM2.5 precursors and PM2.5/PM10 A A
condensables for PSD.................
(C)4: PM2.5 increments for PSD........ A A
(C)5: GHG permitting thresholds in PSD A A
regulations..........................
(D)1: Contribute to nonattainment/ A NA
interfere with maintenance of NAAQS..
(D)2: PSD............................. (**) (**)
(D)3: Visibility Protection........... A A
(D)4: Interstate Pollution Abatement.. A A
(D)5: International Pollution A A
Abatement............................
(E)1: Adequate resources.............. A A
(E)2: State boards.................... A A
(F): Stationary source monitoring A A
system...............................
(G): Emergency power.................. A A
(H): Future SIP revisions............. A A
(I): Nonattainment area plan or plan NA NA
revisions under part D...............
(J)1: Consultation with government A A
officials............................
(J)2: Public notification............. A A
(J)3: PSD............................. (**) (**)
(J)4: Visibility protection (Regional + +
Haze)................................
(K): Air quality modeling and data.... A A
(L): Permitting fees.................. A A
(M): Consultation and participation by A A
affected local entities..............
------------------------------------------------------------------------
In the table above, the key is as follows:
A Approve.
NA No Action/Separate Rulemaking.
D Disapprove.
+ Not relevant in these actions.
** Previously discussed in element (C).
VI. 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
[[Page 50369]]
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Lead, Ozone, Reporting and recordkeeping requirements.
Dated: July 31, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013-20155 Filed 8-16-13; 8:45 am]
BILLING CODE 6560-50-P
