Approval and Promulgation of Air Quality Implementation Plans; Indiana, 63093-63099 [2013-24118]

Download as PDF tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations comply with all requirements applicable to snowmobiles. (iii) The Superintendent may impose other terms and conditions as necessary to protect park resources, visitors, or employees. The Superintendent will notify the public of any changes through one or more methods listed in § 1.7 of this chapter. (iv) This paragraph (l)(13) also applies to non-administrative oversnow vehicle use by affiliated persons. (14) What conditions apply to alcohol use while operating an oversnow vehicle? In addition to 36 CFR 4.23, the following conditions apply: (i) Operating or being in actual physical control of an oversnow vehicle is prohibited when the operator is under 21 years of age and the alcohol concentration in the operator’s blood or breath is 0.02 grams or more of alcohol per 100 milliliters of blood, or 0.02 grams or more of alcohol per 210 liters of breath. (ii) Operating or being in actual physical control of an oversnow vehicle is prohibited when the operator is a guide and the alcohol concentration in the operator’s blood or breath is 0.04 grams or more of alcohol per 100 milliliters of blood or 0.04 grams or more of alcohol per 210 liters of breath. (iii) This paragraph (1)(14) also applies to non-administrative oversnow vehicle use by affiliated persons. (15) Do other NPS regulations apply to the use of oversnow vehicles? (i) The use of oversnow vehicles in Yellowstone National Park is subject to §§ 2.18(a) and (c), but not subject to §§ 2.18(b), (d), (e), and 2.19(b) of this chapter. (ii) This paragraph (l)(15) also applies to non-administrative oversnow vehicle use by affiliated persons. (16) What forms of non-motorized oversnow transportation are allowed in the park? (i) Non-motorized travel consisting of skiing, skating, snowshoeing, or walking is permitted unless otherwise restricted under this section or other NPS regulations. (ii) The Superintendent may designate areas of the park as closed, reopen previously closed areas, or establish terms and conditions for non-motorized travel within the park in order to protect visitors, employees, or park resources. The Superintendent will notify the public in accordance with § 1.7 of this chapter. (iii) Dog sledding and ski-joring (a skier being pulled by a dog, horse, or vehicle) are prohibited. Bicycles, including bicycles modified for oversnow travel, are prohibited on VerDate Mar<15>2010 16:30 Oct 22, 2013 Jkt 232001 oversnow routes in Yellowstone National Park. (17) May I operate a snowplane in Yellowstone National Park? The operation of a snowplane in Yellowstone National Park is prohibited. (18) Is violating a provision of this section prohibited? (i) Violating a term, condition, or requirement of paragraph (l) of this section is prohibited. (ii) Violation of a term, condition, or requirement of paragraph (l) of this section by a guide may also result in the administrative revocation of guiding privileges. (19) Have the information collection requirements been approved? The Office of Management and Budget has reviewed and approved the information collection requirements in paragraph (l) and assigned OMB Control No. 1024– 0266. We will use this information to monitor compliance with the required average and maximum size of transportation events. The obligation to respond is required in order to obtain or retain a benefit. * * * * * Rachel Jacobson, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2013–24238 Filed 10–22–13; 8:45 am] BILLING CODE 4312–EJ–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2011–0828; FRL–9901–53– Region 5] Approval and Promulgation of Air Quality Implementation Plans; Indiana Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: On September 19, 2011, Indiana submitted changes to its monitoring rules to EPA as a revision to its state implementation plan (SIP). The monitoring rules will be used to determine whether various source categories are in compliance with the applicable emission limits. On September 6, 2013, Indiana made a supplemental submission of a related definition. For the reasons discussed below, EPA is approving these revisions to the monitoring rules in the Indiana SIP. DATES: This rule is effective December 23, 2013, unless EPA receives adverse comments by November 22, 2013. If adverse comments are received, EPA SUMMARY: PO 00000 Frm 00135 Fmt 4700 Sfmt 4700 63093 will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2011–0828, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: blakley.pamela@epa.gov. 3. Fax: (312) 692–2450. 4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 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–2011– 0828. 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. E:\FR\FM\23OCR1.SGM 23OCR1 63094 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Matt Rau, Environmental Engineer, at (312) 886–6524 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6524, rau.matthew@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: tkelley on DSK3SPTVN1PROD with RULES I. What is the background for this action? II. What is EPA’s analysis? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. What is the background for this action? Indiana requested a revision to its SIP in a submission to EPA dated September 19, 2011. In this submission, Indiana requested approval of revisions to 21 sections of 326 Indiana Administration Code (IAC) Article 3 concerning compliance monitoring, and one section of 326 IAC Article 7 concerning sulfur dioxide compliance monitoring requirements. On September 6, 2013, Indiana supplemented its request to submit a section of 326 IAC Article 1 that provides a definition of a term used in 326 IAC Article 3. The submitted rules will revise and amend the existing monitoring and sulfur dioxide control requirements in Indiana SIP. In addition to 326 IAC 1– 2–23.5, the State submitted specific sections of 326 IAC Article 3: 3–4–1, 3– 4–2, 3–4–3, 3–5–1, 3–5–2, 3–5–3, 3–5– 4, 3–5–5, 3–5–6, 3–5–7, 3–5–8, 3–6–1, 3–6–2, 3–6–3, 3–6–4, 3–6–5, 3–7–1, 3– VerDate Mar<15>2010 16:30 Oct 22, 2013 Jkt 232001 7–2, 3–7–3, 3–7–4, and 3–7–5; and 326 IAC 7–2–1. Rule 5—Continuous Monitoring of Emissions II. What is EPA’s analysis? 326 IAC 3–5–1 Applicability; Continuous Monitoring Requirements for Applicable Pollutants This section establishes methods the owner or operator of certain sources or emissions units are to use to determine compliance with an emission limitation or standard. This section also establishes procedures by which an owner or operator may request an alternative monitoring requirement. Any request for a alternative monitoring requirement must be approved by Indiana and submitted to EPA for approval. EPA is approving this section as a revision to the Indiana SIP. EPA’s analysis of the September 19, 2011, submission as supplemented on September 6, 2013, is as follows: Article 1—General Provisions Rule 2—Definitions 326 IAC 1–2–23.5 Defined ‘‘Emissions Unit’’ This section provides the definition of an emissions unit to include ‘‘any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant under the Clean Air Act.’’ Indiana’s definition is consistent with EPA’s emissions unit definition found in 40 CFR part 70. Thus, EPA is approving this section into the Indiana SIP. Rule 4—General Provisions 326 IAC 3–4–1 Definitions This section contains definitions used throughout 326 IAC 3. EPA is approving this section into the Indiana SIP as the definitions are consistent with the definitions used by EPA. 326 IAC 3–4–2 Certification This section requires that each report submitted under 326 IAC 3 contain a certification of truth, accuracy, and completeness. EPA is approving this section into the Indiana SIP because it promotes more accurate and complete monitoring reports. 326 IAC 3–4–3 Conversion Factors This section provides the owner and operator of subject emissions unit with procedures for converting monitoring data to units of a standard, as needed. The conversion factors follow EPA’s equations as found in the appendices to 40 CFR part 60, and 326 IAC 3–4–3 cites 40 CFR part 60 for the factors for certain units. Indiana may approve alternate procedures for computing emission averages that do not require data integration. It may also approve alternate methods of converting pollutant concentration measurements into units of the standard. Authority for state approval of these alternate emission averaging procedures and alternate conversion methods is provided in 40 CFR part 51, appendix P. EPA is approving the addition of this section into the Indiana SIP. PO 00000 Frm 00136 Fmt 4700 Sfmt 4700 326 IAC 3–5–2 Minimum Performance and Operating Specifications This section provides the performance specifications and operating requirements the owner or operator of monitoring equipment installed must follow. The requirements are consistent with the Federal requirements found at 40 CFR part 75. Thus, EPA is approving this section as a revision to the Indiana SIP. 326 IAC 3–5–3 Monitor System Certification This section provides the monitor system certification requirements the owner or operator of subject source or emissions unit must put in place when determining compliance. These requirements mirror Federal requirements in 40 CFR 60. EPA is approving this section as a revision to the Indiana SIP. 326 IAC 3–5–4 Standard Operating Procedures This section provides for the development of written continuous monitoring standard operating procedures once the owner or operator of subject source or emissions unit has installed the required monitoring equipment. The standard operating procedure contains the systematic description of the monitor operation. Section 3–5–4 details all information that is required. EPA views the requirement for a written standard operating procedure as providing useful information similar to the requirement for a monitoring plan in 40 CFR 75.53. Thus, EPA is approving this section as a revision to the Indiana SIP. 326 IAC 3–5–5 Quality Assurance Requirements This section provides quality assurance requirements for subject emission units that monitor for carbon E:\FR\FM\23OCR1.SGM 23OCR1 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations dioxide, carbon monoxide, hydrogen sulfide, nitrogen oxide, oxygen, sulfur dioxide, total hydrocarbons, total reduced sulfur, volatile organic compounds, and particulate matter (PM–10 or PM2.5). The rules contain the applicable criteria on test frequency, audit criteria, and reporting requirements. The requirements follow 40 CFR parts 60 and 75. EPA is approving this section as a revision to the Indiana SIP. 326 IAC 3–5–6 Requirements Recordkeeping This section provides recordkeeping and record retention requirements for the owner or operator of a subject source or emissions unit. The owner or operator of a subject source or emissions unit must provide the records to Indiana or EPA upon request. In 40 CFR part 75, subpart F, EPA requires similar recordkeeping requirements for sources operating continuous monitors. EPA is approving this section into the Indiana SIP. 326 IAC 3–5–7 Requirements Reporting This section provides the requirements the owner or operator of subject source or emissions unit must follow when submitting a monitoring report. A source must provide information about its excess emissions and downtime during a reporting period. EPA is approving this section as an addition to the SIP as it satisfies Federal reporting requirements. tkelley on DSK3SPTVN1PROD with RULES 326 IAC 3–5–8 Operation and Maintenance of Continuous Emissions Monitoring and Continuous Opacity Monitoring Systems This section provides instruction to the owner or operator on the operation and maintenance of a continuous emissions monitoring system (CEMS) and a continuous opacity monitoring system (COMS). Indiana requires all subject sources to install, calibrate, maintain, operate, and certify its CEMS or COMS. Exceptions are provided for periods when the emission source is not operating or does not require continuous monitoring, the CEMS or COMS is malfunctioning, and during quality assurance checks are being performed on the CEMS or COMS. Under the definition of an emissions unit in 326 IAC 1–2–23.5, a unit is not operating when it has no potential to emit any Clean Air Act (CAA) regulated pollutants. The remaining exemptions in 326 IAC 3–5–8 are consistent with 40 CFR 60.13. Therefore, EPA is approving this section into the Indiana SIP. VerDate Mar<15>2010 16:30 Oct 22, 2013 Jkt 232001 Rule 6—Source Sampling Procedures 326 IAC 3–6–1 Applicability; Test Procedures This section provides the test procedures the owner or operator of a subject emissions unit must follow to determine compliance with an applicable emission limitation. Specifically, it requires the owner or operator of a subject emissions unit to follow applicable procedures and analysis methods specified in 40 CFR parts 51, 60, 61, 63, 75 or another EPAapproved method. EPA is approving this section into the Indiana SIP. 326 IAC 3–6–2 Source Sampling Protocols This section requires the owner or operator of a subject emissions unit to provide its emissions test protocol (i.e., protocol by which facility plans to conduct the emissions test) to Indiana prior to the intended test date. The section allows for modifications to the sampling protocol, upon approval by Indiana. Indiana may modify portions of the sampling protocol such as the conditions under which the testing is performed. This section is consistent with the requirements of 40 CFR 64.6, and is being approved into the Indiana SIP. 326 IAC 3–6–3 Emission Testing This section establishes procedures on how to perform emissions tests, quality assurance, and quality control activities. Indiana requires emission units be tested under the applicable Federal regulations, either 40 CFR part 60, 61, or 63. EPA is approving this section into the Indiana SIP. 326 IAC 3–6–4 Reporting This section details what information an owner or operator of a subject source or emissions unit should include in an emission test report. Sources are required to submit a report no later than 45 days following the emission test. The requirements follow the compliance assurance monitoring reporting obligations given in 40 CFR 64.9. EPA is approving this section into the Indiana SIP. 326 IAC 3–6–5 Specific Testing Procedures; Particulate Matter; PM10; PM2.5; Sulfur Dioxide; Nitrogen Oxides; Volatile Organic Compounds This section provides the specific emission tests required by subject sources of the title pollutants. The emission test requirements are consistent with 40 CFR parts 51, 60, and 63, and must be approved by Indiana and EPA. The exception is Richmond PO 00000 Frm 00137 Fmt 4700 Sfmt 4700 63095 Power and Light’s Whitewater Generating Station, whose sourcespecific test method was approved by EPA on April 9, 1996 (61 FR 15704). Thus, all emission test methods required by this section are identical to the EPA methods or have been previously approved. EPA is approving this section into the Indiana SIP. Rule 7—Fuel Sampling and Analysis Procedures 326 IAC 3–7–1 Applicability This section applies to fuel sampling and analysis that is performed to determine compliance with the emission limitations specified in 326 IAC Article 7. EPA is approving this section into the Indiana SIP. 326 IAC 3–7–2 Coal Sampling and Analysis Methods This section provides the owner or operator of a subject source with requirements for coal sampling and analysis, and the determination of sulfur and heat content for sources with total coal-fired capacity between 100 and 1,500 million British Thermal Units (BTUs) and for sources with capacity greater than 1,500 million BTUs. The coal sampling and analysis protocols in this section are already Federally approved in 326 IAC 7–2–1 (September 26, 2005; 70 FR 56129). EPA is approving this section into the Indiana SIP. 326 IAC 3–7–3 Alternative Coal Sampling and Analysis Methods This section establishes procedures by which an owner or operator of a subject source may obtain an alternative coal sampling and analysis to that provided in 326 IAC 3–7–2. The owner or operator of a subject source must receive prior approval from Indiana and EPA before an alternate protocol can be used. EPA is approving this section into the Indiana SIP. 326 IAC 3–7–4 Fuel Oil Sampling; Analysis Methods This section specifies the test protocol the owner or operator of a subject source or an emissions unit should follow when analyzing fuel oil. The section provides the specific ASTM procedure to be used for each analysis for a variety of fuel oil samples. Approval of the sampling or analysis procedure requires written permission from both Indiana and EPA. EPA is approving this section into the Indiana SIP. E:\FR\FM\23OCR1.SGM 23OCR1 63096 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 326 IAC 3–7–5 Recordkeeping Requirements; Standard Operating Procedures This section provides the owner or operator of a subject source or an emissions unit a protocol to use to develop a standard operating procedure for records. The requirement to keep such records is consistent with the recordkeeping requirement of 40 CFR 64.9. EPA is approving this section into the Indiana SIP. Article 7—Sulfur Dioxide Rules Rule 2—Compliance tkelley on DSK3SPTVN1PROD with RULES 326 IAC 7–2–1 Reporting Requirements; Methods To Determine Compliance Indiana has modified this section to provide the owner or operator of a subject source or emissions unit a method to determine compliance or noncompliance with its sulfur dioxide emissions limitation. Indiana added that an alternate compliance test method that has been approved by Indiana and EPA may be used by sources in place of the standard test methods, CEMS, or the fuel sampling and analysis methods already authorized. EPA is approving the revised 326 IAC 7–2–1 into the Indiana SIP. III. What action is EPA taking? EPA is approving compliance monitoring rules into the Indiana SIP. EPA is approving two revised sections and 21 additional sections. EPA is approving the revisions to 326 IAC 3– 5–1 and 326 IAC 7–2–1 into the Indiana SIP. EPA is adding 326 IAC 1–2–23.5, 326 IAC 3–4–1, 326 IAC 3–4–2, 326 IAC 3–4–3, 326 IAC 3–5–2, 326 IAC 3–5–3, 326 IAC 3–5–4, 326 IAC 3–5–5, 326 IAC 3–5–6, 326 IAC 3–5–7, 326 IAC 3–5–8, 326 IAC 3–6–1, 326 IAC 3–6–2, 326 IAC 3–6–3, 326 IAC 3–6–4, 326 IAC 3–6–5, 326 IAC 3–7–1, 326 IAC 3–7–2, 326 IAC 3–7–3, 326 IAC 3–7–4, and 326 IAC 3– 7–5 to the SIP. We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective December 23, 2013 without further notice unless we receive relevant adverse written comments by November 22, 2013. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public VerDate Mar<15>2010 16:30 Oct 22, 2013 Jkt 232001 comments received will then be addressed in a subsequent final rule based on the proposed action. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. If we do not receive any comments, this action will be effective December 23, 2013. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the CAA criteria. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and PO 00000 Frm 00138 Fmt 4700 Sfmt 4700 • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under CAA section 307(b)(1), petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 23, 2013. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today’s Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen E:\FR\FM\23OCR1.SGM 23OCR1 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations oxides, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Definitions’’ for ‘‘1–2–23.5’’ in numerical order. ■ ii. Revising the entries for ‘‘Article 3. Monitoring Requirements’’. ■ iii. Revising the entry for ‘‘Rule 2. Compliance’’ under the subheading entitled ‘‘Article 7. Sulfur Dioxide Rules’’. The added and revised text reads as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Dated: September 18, 2013. Susan Hedman, Regional Administrator, Region 5. ■ 1. The authority citation for part 52 continues to read as follows: 40 CFR part 52 is amended as follows: 63097 Authority: 42 U.S.C. 7401 et seq. 2. In § 52.770 the table in paragraph (c) is amended by: ■ i. Adding a new entry in ‘‘Article 1. General Provisions’’ under ‘‘Rule 2. ■ § 52.770 * Identification of plan. * * (c) * * * * * EPA-APPROVED INDIANA REGULATIONS Indiana citation Indiana effective date Subject EPA approval date Notes Article 1. General Provisions * * * * * * * * * * Rule 2. Definitions * * 1–2–23.5 ........... * * * ‘‘Emissions unit’’ defined ...... * 12/25/1998 * 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] * * * * Article 3. Monitoring Requirements Rule 1. Continuous Monitoring of Emissions 3–1–1 ................ Applicability .......................... ........................ 9/4/1981, 46 FR 44448 Rule 2.1. Source Sampling Procedures 3–2.1–5 ............. Specific Testing Procedures 7/15/1995 4/9/1996, 61 FR 15704 Rule 4. General Provisions 3–4–1 ................ Definitions ............................ 9/10/2011 3–4–2 ................ Certification .......................... 9/10/2011 3–4–3 ................ Conversion factors ............... 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 9/10/2011 Rule 5. Continuous Monitoring of Emissions 3–5–1 ................ Applicability; continuous monitoring requirements for applicable pollutants. Minimum performance and operating specifications. Monitor system certification 9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 9/10/2011 9/10/2011 9/10/2011 3–5–6 ................ Standard operating procedures. Quality assurance requirements. Recordkeeping requirements 3–5–7 ................ Reporting requirements ....... 9/10/2011 10/23/13, [INSERT PAGE UMENT BEGINS] 10/23/13, [INSERT PAGE UMENT BEGINS] 10/23/13, [INSERT PAGE UMENT BEGINS] 10/23/13, [INSERT PAGE UMENT BEGINS] 10/23/13, [INSERT PAGE UMENT BEGINS] 10/23/13, [INSERT PAGE UMENT BEGINS] 3–5–2 ................ 3–5–3 ................ tkelley on DSK3SPTVN1PROD with RULES 3–5–4 ................ 3–5–5 ................ VerDate Mar<15>2010 16:30 Oct 22, 2013 Jkt 232001 PO 00000 9/10/2011 9/10/2011 Frm 00139 Fmt 4700 Sfmt 4700 NUMBER WHERE THE DOCNUMBER WHERE THE DOCNUMBER WHERE THE DOCNUMBER WHERE THE DOCNUMBER WHERE THE DOCNUMBER WHERE THE DOC- E:\FR\FM\23OCR1.SGM 23OCR1 63098 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations EPA-APPROVED INDIANA REGULATIONS—Continued Indiana effective date Indiana citation Subject 3–5–8 ................ Operation and maintenance of continuous emission monitoring and continuous opacity monitoring systems. EPA approval date 9/10/2011 Notes 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] Rule 6. Source Sampling Procedures 3–6–1 ................ Applicability; test procedures 9/10/2011 3–6–2 ................ Source sampling protocols .. 9/10/2011 3–6–3 ................ Emission testing ................... 9/10/2011 3–6–4 ................ Reporting .............................. 9/10/2011 3–6–5 ................ Specific testing procedures; particulate matter; PM10; PM2.5; sulfur dioxide; nitrogen oxides; volatile organic compounds. 9/10/2011 10/23/13, [INSERT PAGE UMENT BEGINS] 10/23/13, [INSERT PAGE UMENT BEGINS] 10/23/13, [INSERT PAGE UMENT BEGINS] 10/23/13, [INSERT PAGE UMENT BEGINS] 10/23/13, [INSERT PAGE UMENT BEGINS] NUMBER WHERE THE DOCNUMBER WHERE THE DOCNUMBER WHERE THE DOCNUMBER WHERE THE DOCNUMBER WHERE THE DOC- Rule 7. Fuel Sampling and Analysis Procedures 3–7–1 ................ Applicability .......................... 9/10/2011 3–7–2 ................ Coal sampling and analysis methods. Alternate coal sampling and analysis methods. Fuel oil sampling; analysis methods. Recordkeeping requirements; standard operating procedures. 9/10/2011 3–7–3 ................ 3–7–4 ................ 3–7–5 ................ * * 9/10/2011 9/10/2011 9/10/2011 * 10/23/13, [INSERT PAGE UMENT BEGINS] 10/23/13, [INSERT PAGE UMENT BEGINS] 10/23/13, [INSERT PAGE UMENT BEGINS] 10/23/13, [INSERT PAGE UMENT BEGINS] 10/23/13, [INSERT PAGE UMENT BEGINS] * NUMBER WHERE THE DOCNUMBER WHERE THE DOCNUMBER WHERE THE DOCNUMBER WHERE THE DOCNUMBER WHERE THE DOC- * * * * * Article 7. Sulfur Dioxide Rules * * * * * Rule 2. Compliance 7–2–1 ................ tkelley on DSK3SPTVN1PROD with RULES * VerDate Mar<15>2010 Reporting requirements; methods to determine compliance. * 16:30 Oct 22, 2013 9/10/2011 * Jkt 232001 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] * PO 00000 Frm 00140 * Fmt 4700 Sfmt 4700 E:\FR\FM\23OCR1.SGM * 23OCR1 * Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations * * * * * [FR Doc. 2013–24118 Filed 10–22–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1983–0002; FRL–9901– 75–Region 2] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Hooker (Hyde Park) Superfund Site Environmental Protection Agency. ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) Region 2 announces the deletion of the Hooker (Hyde Park) Superfund Site (Site) located in Niagara Falls, New York, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of New York, through the Department of Environmental Conservation, have determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund. DATES: This action is effective October 23, 2013. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–HQ–SFUND– 1983–0002. All documents in the docket are listed on the https:// www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https:// www.regulations.gov or in hard copy at the site information repositories. Locations, contacts, phone numbers, and viewing hours are: U.S. Environmental Protection Agency, Region 2, Superfund Records Center, tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:30 Oct 22, 2013 Jkt 232001 290 Broadway, 18th Floor, New York, NY 10007–1866, Telephone: (212) 637–4308. Hours: Monday to Friday from 9:00 a.m. to 5:00 p.m. U.S. EPA Western New York Public Information Office, 86 Exchange Place, Buffalo, NY 14204–2026. Telephone: (716) 551–4410. Hours: Monday to Friday from 8:30 a.m. to 4:00 p.m. FOR FURTHER INFORMATION CONTACT: Gloria M. Sosa, Remedial Project Manager, U.S. Environmental Protection Agency, Region 2, 290 Broadway, 20th Floor, New York, NY 10007–1866, telephone: (212) 637–4283, email: sosa.gloria@epa.gov. SUPPLEMENTARY INFORMATION: The Site to be deleted from the NPL is the Hooker (Hyde Park) Superfund Site, located in Niagara Falls, New York. A Notice of Intent to Delete for this Site was published in the Federal Register on August 20, 2012 (77 FR 50038– 50044). The closing date for comments on the Notice of Intent to Delete was September 19, 2012. During the comment period, EPA received correspondence offering critical comments. The comments reflected concern that the Site is a continuing source of contaminants to the Niagara River and the deletion of the Site was premature. As a result of the critical comments, EPA published a Notice of Withdrawal of Direct Final Deletion of the Site in the Federal Register on September 27, 2012 (77 FR 59338), withdrawing the direct final deletion for the Site and announcing it would evaluate and respond to the significant comments and, if appropriate, proceed with the traditional two-step deletion process. After careful consideration of the comments received, EPA concluded that the deletion of the Site is still appropriate. Following various lines of evidence, EPA has concluded that the performance objectives of the remedy selected for the Site in 1984 continue to be met and that the remedy selected for the Site is protective of human health and the environment. All response activities selected in the remedy have been implemented, and operation and maintenance activities are ongoing. EPA has the authority to respond appropriately if a problem or situation arises at a site after it is deleted. EPA will continue to provide oversight, review monitoring reports, and routinely communicate with the responsible party performing work at the Site. Operation and maintenance of the remedy will continue at the Site and monitoring will continue to be PO 00000 Frm 00141 Fmt 4700 Sfmt 9990 63099 performed to confirm the effectiveness of response actions performed at the Site, including the maintenance of hydraulic capture. A responsiveness summary was prepared which addresses all comments received on the deletion and provides rationale that the deletion is considered appropriate. The responsiveness summary and all comments on the deletion action may be viewed in both the docket, EPA–HQ–SFUND–1983– 0002, on www.regulations.gov, and in the local repositories listed above. EPA maintains the NPL as the list of sites that appear to present a significant risk to public health, welfare, or the environment. Deletion from the NPL does not preclude further remedial action. Whenever there is a significant release from a site deleted from the NPL, the deleted site may be restored to the NPL without application of the hazard ranking system. Deletion of a site from the NPL does not affect responsible party liability in the unlikely event that future conditions warrant further actions. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: September 26, 2013. Judith A. Enck, Regional Administrator, EPA, Region 2. For reasons set out in the preamble, 40 CFR part 300 is amended as follows: PART 300—NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN 1. The authority citation for part 300 continues to read as follows: ■ Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 3 CFR, 1987 Comp., p. 193. 2. Table 1 of Appendix B to part 300 is amended by removing the entry under ‘‘NY’’ for Hooker (Hyde Park), Niagara Falls. ■ [FR Doc. 2013–24689 Filed 10–22–13; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\23OCR1.SGM 23OCR1

Agencies

[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Rules and Regulations]
[Pages 63093-63099]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24118]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0828; FRL-9901-53-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On September 19, 2011, Indiana submitted changes to its 
monitoring rules to EPA as a revision to its state implementation plan 
(SIP). The monitoring rules will be used to determine whether various 
source categories are in compliance with the applicable emission 
limits. On September 6, 2013, Indiana made a supplemental submission of 
a related definition. For the reasons discussed below, EPA is approving 
these revisions to the monitoring rules in the Indiana SIP.

DATES: This rule is effective December 23, 2013, unless EPA receives 
adverse comments by November 22, 2013. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0828, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: blakley.pamela@epa.gov.
    3. Fax: (312) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
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-
2011-0828. 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.

[[Page 63094]]

Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Matt Rau, Environmental Engineer, at 
(312) 886-6524 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, rau.matthew@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 is the background for this action?
II. What is EPA's analysis?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    Indiana requested a revision to its SIP in a submission to EPA 
dated September 19, 2011. In this submission, Indiana requested 
approval of revisions to 21 sections of 326 Indiana Administration Code 
(IAC) Article 3 concerning compliance monitoring, and one section of 
326 IAC Article 7 concerning sulfur dioxide compliance monitoring 
requirements. On September 6, 2013, Indiana supplemented its request to 
submit a section of 326 IAC Article 1 that provides a definition of a 
term used in 326 IAC Article 3.
    The submitted rules will revise and amend the existing monitoring 
and sulfur dioxide control requirements in Indiana SIP. In addition to 
326 IAC 1-2-23.5, the State submitted specific sections of 326 IAC 
Article 3: 3-4-1, 3-4-2, 3-4-3, 3-5-1, 3-5-2, 3-5-3, 3-5-4, 3-5-5, 3-5-
6, 3-5-7, 3-5-8, 3-6-1, 3-6-2, 3-6-3, 3-6-4, 3-6-5, 3-7-1, 3-7-2, 3-7-
3, 3-7-4, and 3-7-5; and 326 IAC 7-2-1.

II. What is EPA's analysis?

    EPA's analysis of the September 19, 2011, submission as 
supplemented on September 6, 2013, is as follows:

Article 1--General Provisions

Rule 2--Definitions

326 IAC 1-2-23.5 ``Emissions Unit'' Defined
    This section provides the definition of an emissions unit to 
include ``any part or activity of a stationary source that emits or has 
the potential to emit any regulated air pollutant under the Clean Air 
Act.'' Indiana's definition is consistent with EPA's emissions unit 
definition found in 40 CFR part 70. Thus, EPA is approving this section 
into the Indiana SIP.

Rule 4--General Provisions

326 IAC 3-4-1 Definitions
    This section contains definitions used throughout 326 IAC 3. EPA is 
approving this section into the Indiana SIP as the definitions are 
consistent with the definitions used by EPA.
326 IAC 3-4-2 Certification
    This section requires that each report submitted under 326 IAC 3 
contain a certification of truth, accuracy, and completeness. EPA is 
approving this section into the Indiana SIP because it promotes more 
accurate and complete monitoring reports.
326 IAC 3-4-3 Conversion Factors
    This section provides the owner and operator of subject emissions 
unit with procedures for converting monitoring data to units of a 
standard, as needed. The conversion factors follow EPA's equations as 
found in the appendices to 40 CFR part 60, and 326 IAC 3-4-3 cites 40 
CFR part 60 for the factors for certain units. Indiana may approve 
alternate procedures for computing emission averages that do not 
require data integration. It may also approve alternate methods of 
converting pollutant concentration measurements into units of the 
standard. Authority for state approval of these alternate emission 
averaging procedures and alternate conversion methods is provided in 40 
CFR part 51, appendix P. EPA is approving the addition of this section 
into the Indiana SIP.

Rule 5--Continuous Monitoring of Emissions

326 IAC 3-5-1 Applicability; Continuous Monitoring Requirements for 
Applicable Pollutants
    This section establishes methods the owner or operator of certain 
sources or emissions units are to use to determine compliance with an 
emission limitation or standard. This section also establishes 
procedures by which an owner or operator may request an alternative 
monitoring requirement. Any request for a alternative monitoring 
requirement must be approved by Indiana and submitted to EPA for 
approval. EPA is approving this section as a revision to the Indiana 
SIP.
326 IAC 3-5-2 Minimum Performance and Operating Specifications
    This section provides the performance specifications and operating 
requirements the owner or operator of monitoring equipment installed 
must follow. The requirements are consistent with the Federal 
requirements found at 40 CFR part 75. Thus, EPA is approving this 
section as a revision to the Indiana SIP.
326 IAC 3-5-3 Monitor System Certification
    This section provides the monitor system certification requirements 
the owner or operator of subject source or emissions unit must put in 
place when determining compliance. These requirements mirror Federal 
requirements in 40 CFR 60. EPA is approving this section as a revision 
to the Indiana SIP.
326 IAC 3-5-4 Standard Operating Procedures
    This section provides for the development of written continuous 
monitoring standard operating procedures once the owner or operator of 
subject source or emissions unit has installed the required monitoring 
equipment. The standard operating procedure contains the systematic 
description of the monitor operation. Section 3-5-4 details all 
information that is required. EPA views the requirement for a written 
standard operating procedure as providing useful information similar to 
the requirement for a monitoring plan in 40 CFR 75.53. Thus, EPA is 
approving this section as a revision to the Indiana SIP.
326 IAC 3-5-5 Quality Assurance Requirements
    This section provides quality assurance requirements for subject 
emission units that monitor for carbon

[[Page 63095]]

dioxide, carbon monoxide, hydrogen sulfide, nitrogen oxide, oxygen, 
sulfur dioxide, total hydrocarbons, total reduced sulfur, volatile 
organic compounds, and particulate matter (PM-10 or PM2.5). 
The rules contain the applicable criteria on test frequency, audit 
criteria, and reporting requirements. The requirements follow 40 CFR 
parts 60 and 75. EPA is approving this section as a revision to the 
Indiana SIP.
326 IAC 3-5-6 Recordkeeping Requirements
    This section provides recordkeeping and record retention 
requirements for the owner or operator of a subject source or emissions 
unit. The owner or operator of a subject source or emissions unit must 
provide the records to Indiana or EPA upon request. In 40 CFR part 75, 
subpart F, EPA requires similar recordkeeping requirements for sources 
operating continuous monitors. EPA is approving this section into the 
Indiana SIP.
326 IAC 3-5-7 Reporting Requirements
    This section provides the requirements the owner or operator of 
subject source or emissions unit must follow when submitting a 
monitoring report. A source must provide information about its excess 
emissions and downtime during a reporting period. EPA is approving this 
section as an addition to the SIP as it satisfies Federal reporting 
requirements.
326 IAC 3-5-8 Operation and Maintenance of Continuous Emissions 
Monitoring and Continuous Opacity Monitoring Systems
    This section provides instruction to the owner or operator on the 
operation and maintenance of a continuous emissions monitoring system 
(CEMS) and a continuous opacity monitoring system (COMS). Indiana 
requires all subject sources to install, calibrate, maintain, operate, 
and certify its CEMS or COMS. Exceptions are provided for periods when 
the emission source is not operating or does not require continuous 
monitoring, the CEMS or COMS is malfunctioning, and during quality 
assurance checks are being performed on the CEMS or COMS. Under the 
definition of an emissions unit in 326 IAC 1-2-23.5, a unit is not 
operating when it has no potential to emit any Clean Air Act (CAA) 
regulated pollutants. The remaining exemptions in 326 IAC 3-5-8 are 
consistent with 40 CFR 60.13. Therefore, EPA is approving this section 
into the Indiana SIP.

Rule 6--Source Sampling Procedures

326 IAC 3-6-1 Applicability; Test Procedures
    This section provides the test procedures the owner or operator of 
a subject emissions unit must follow to determine compliance with an 
applicable emission limitation. Specifically, it requires the owner or 
operator of a subject emissions unit to follow applicable procedures 
and analysis methods specified in 40 CFR parts 51, 60, 61, 63, 75 or 
another EPA-approved method. EPA is approving this section into the 
Indiana SIP.
326 IAC 3-6-2 Source Sampling Protocols
    This section requires the owner or operator of a subject emissions 
unit to provide its emissions test protocol (i.e., protocol by which 
facility plans to conduct the emissions test) to Indiana prior to the 
intended test date. The section allows for modifications to the 
sampling protocol, upon approval by Indiana. Indiana may modify 
portions of the sampling protocol such as the conditions under which 
the testing is performed. This section is consistent with the 
requirements of 40 CFR 64.6, and is being approved into the Indiana 
SIP.
326 IAC 3-6-3 Emission Testing
    This section establishes procedures on how to perform emissions 
tests, quality assurance, and quality control activities. Indiana 
requires emission units be tested under the applicable Federal 
regulations, either 40 CFR part 60, 61, or 63. EPA is approving this 
section into the Indiana SIP.
326 IAC 3-6-4 Reporting
    This section details what information an owner or operator of a 
subject source or emissions unit should include in an emission test 
report. Sources are required to submit a report no later than 45 days 
following the emission test. The requirements follow the compliance 
assurance monitoring reporting obligations given in 40 CFR 64.9. EPA is 
approving this section into the Indiana SIP.
326 IAC 3-6-5 Specific Testing Procedures; Particulate Matter; 
PM10; PM2.5; Sulfur Dioxide; Nitrogen Oxides; 
Volatile Organic Compounds
    This section provides the specific emission tests required by 
subject sources of the title pollutants. The emission test requirements 
are consistent with 40 CFR parts 51, 60, and 63, and must be approved 
by Indiana and EPA. The exception is Richmond Power and Light's 
Whitewater Generating Station, whose source-specific test method was 
approved by EPA on April 9, 1996 (61 FR 15704). Thus, all emission test 
methods required by this section are identical to the EPA methods or 
have been previously approved. EPA is approving this section into the 
Indiana SIP.

Rule 7--Fuel Sampling and Analysis Procedures

326 IAC 3-7-1 Applicability
    This section applies to fuel sampling and analysis that is 
performed to determine compliance with the emission limitations 
specified in 326 IAC Article 7. EPA is approving this section into the 
Indiana SIP.
326 IAC 3-7-2 Coal Sampling and Analysis Methods
    This section provides the owner or operator of a subject source 
with requirements for coal sampling and analysis, and the determination 
of sulfur and heat content for sources with total coal-fired capacity 
between 100 and 1,500 million British Thermal Units (BTUs) and for 
sources with capacity greater than 1,500 million BTUs. The coal 
sampling and analysis protocols in this section are already Federally 
approved in 326 IAC 7-2-1 (September 26, 2005; 70 FR 56129). EPA is 
approving this section into the Indiana SIP.
326 IAC 3-7-3 Alternative Coal Sampling and Analysis Methods
    This section establishes procedures by which an owner or operator 
of a subject source may obtain an alternative coal sampling and 
analysis to that provided in 326 IAC 3-7-2. The owner or operator of a 
subject source must receive prior approval from Indiana and EPA before 
an alternate protocol can be used. EPA is approving this section into 
the Indiana SIP.
326 IAC 3-7-4 Fuel Oil Sampling; Analysis Methods
    This section specifies the test protocol the owner or operator of a 
subject source or an emissions unit should follow when analyzing fuel 
oil. The section provides the specific ASTM procedure to be used for 
each analysis for a variety of fuel oil samples. Approval of the 
sampling or analysis procedure requires written permission from both 
Indiana and EPA. EPA is approving this section into the Indiana SIP.

[[Page 63096]]

326 IAC 3-7-5 Recordkeeping Requirements; Standard Operating Procedures
    This section provides the owner or operator of a subject source or 
an emissions unit a protocol to use to develop a standard operating 
procedure for records. The requirement to keep such records is 
consistent with the recordkeeping requirement of 40 CFR 64.9. EPA is 
approving this section into the Indiana SIP.

Article 7--Sulfur Dioxide Rules

Rule 2--Compliance

326 IAC 7-2-1 Reporting Requirements; Methods To Determine Compliance
    Indiana has modified this section to provide the owner or operator 
of a subject source or emissions unit a method to determine compliance 
or noncompliance with its sulfur dioxide emissions limitation. Indiana 
added that an alternate compliance test method that has been approved 
by Indiana and EPA may be used by sources in place of the standard test 
methods, CEMS, or the fuel sampling and analysis methods already 
authorized. EPA is approving the revised 326 IAC 7-2-1 into the Indiana 
SIP.

III. What action is EPA taking?

    EPA is approving compliance monitoring rules into the Indiana SIP. 
EPA is approving two revised sections and 21 additional sections. EPA 
is approving the revisions to 326 IAC 3-5-1 and 326 IAC 7-2-1 into the 
Indiana SIP. EPA is adding 326 IAC 1-2-23.5, 326 IAC 3-4-1, 326 IAC 3-
4-2, 326 IAC 3-4-3, 326 IAC 3-5-2, 326 IAC 3-5-3, 326 IAC 3-5-4, 326 
IAC 3-5-5, 326 IAC 3-5-6, 326 IAC 3-5-7, 326 IAC 3-5-8, 326 IAC 3-6-1, 
326 IAC 3-6-2, 326 IAC 3-6-3, 326 IAC 3-6-4, 326 IAC 3-6-5, 326 IAC 3-
7-1, 326 IAC 3-7-2, 326 IAC 3-7-3, 326 IAC 3-7-4, and 326 IAC 3-7-5 to 
the SIP.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective December 23, 
2013 without further notice unless we receive relevant adverse written 
comments by November 22, 2013. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective 
December 23, 2013.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the CAA criteria. Accordingly, this action 
merely approves state law as meeting Federal requirements and does not 
impose additional requirements beyond those imposed by state law. For 
that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under CAA section 307(b)(1), petitions for judicial review of this 
action must be filed in the United States Court of Appeals for the 
appropriate circuit by December 23, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen

[[Page 63097]]

oxides, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides, Volatile organic compounds.

    Dated: September 18, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.


0
2. In Sec.  52.770 the table in paragraph (c) is amended by:
0
i. Adding a new entry in ``Article 1. General Provisions'' under ``Rule 
2. Definitions'' for ``1-2-23.5'' in numerical order.
0
ii. Revising the entries for ``Article 3. Monitoring Requirements''.
0
iii. Revising the entry for ``Rule 2. Compliance'' under the subheading 
entitled ``Article 7. Sulfur Dioxide Rules''. The added and revised 
text reads as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
                                             Indiana
   Indiana citation         Subject      effective date          EPA approval date                  Notes
----------------------------------------------------------------------------------------------------------------
                                          Article 1. General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                               Rule 2. Definitions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1-2-23.5.............  ``Emissions           12/25/1998  10/23/13, [INSERT PAGE NUMBER
                        unit'' defined.                   WHERE THE DOCUMENT BEGINS]
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Article 3. Monitoring Requirements
----------------------------------------------------------------------------------------------------------------
                                   Rule 1. Continuous Monitoring of Emissions
----------------------------------------------------------------------------------------------------------------
3-1-1................  Applicability...  ..............  9/4/1981, 46 FR 44448
----------------------------------------------------------------------------------------------------------------
                                      Rule 2.1. Source Sampling Procedures
----------------------------------------------------------------------------------------------------------------
3-2.1-5..............  Specific Testing       7/15/1995  4/9/1996, 61 FR 15704              ....................
                        Procedures.
----------------------------------------------------------------------------------------------------------------
                                           Rule 4. General Provisions
----------------------------------------------------------------------------------------------------------------
3-4-1................  Definitions.....       9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                                                          WHERE THE DOCUMENT BEGINS]
3-4-2................  Certification...       9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                                                          WHERE THE DOCUMENT BEGINS]
3-4-3................  Conversion             9/10/2011  .................................  ....................
                        factors.
----------------------------------------------------------------------------------------------------------------
                                   Rule 5. Continuous Monitoring of Emissions
----------------------------------------------------------------------------------------------------------------
3-5-1................  Applicability;         9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                        continuous                        WHERE THE DOCUMENT BEGINS]
                        monitoring
                        requirements
                        for applicable
                        pollutants.
3-5-2................  Minimum                9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                        performance and                   WHERE THE DOCUMENT BEGINS]
                        operating
                        specifications.
3-5-3................  Monitor system         9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                        certification.                    WHERE THE DOCUMENT BEGINS]
3-5-4................  Standard               9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                        operating                         WHERE THE DOCUMENT BEGINS]
                        procedures.
3-5-5................  Quality                9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                        assurance                         WHERE THE DOCUMENT BEGINS]
                        requirements.
3-5-6................  Recordkeeping          9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                        requirements.                     WHERE THE DOCUMENT BEGINS]
3-5-7................  Reporting              9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                        requirements.                     WHERE THE DOCUMENT BEGINS]

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3-5-8................  Operation and          9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                        maintenance of                    WHERE THE DOCUMENT BEGINS]
                        continuous
                        emission
                        monitoring and
                        continuous
                        opacity
                        monitoring
                        systems.
----------------------------------------------------------------------------------------------------------------
                                       Rule 6. Source Sampling Procedures
----------------------------------------------------------------------------------------------------------------
3-6-1................  Applicability;         9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                        test procedures.                  WHERE THE DOCUMENT BEGINS]
3-6-2................  Source sampling        9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                        protocols.                        WHERE THE DOCUMENT BEGINS]
3-6-3................  Emission testing       9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                                                          WHERE THE DOCUMENT BEGINS]
3-6-4................  Reporting.......       9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                                                          WHERE THE DOCUMENT BEGINS]
3-6-5................  Specific testing       9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                        procedures;                       WHERE THE DOCUMENT BEGINS]
                        particulate
                        matter; PM10;
                        PM2.5; sulfur
                        dioxide;
                        nitrogen
                        oxides;
                        volatile
                        organic
                        compounds.
----------------------------------------------------------------------------------------------------------------
                                  Rule 7. Fuel Sampling and Analysis Procedures
----------------------------------------------------------------------------------------------------------------
3-7-1................  Applicability...       9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                                                          WHERE THE DOCUMENT BEGINS]
3-7-2................  Coal sampling          9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                        and analysis                      WHERE THE DOCUMENT BEGINS]
                        methods.
3-7-3................  Alternate coal         9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                        sampling and                      WHERE THE DOCUMENT BEGINS]
                        analysis
                        methods.
3-7-4................  Fuel oil               9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                        sampling;                         WHERE THE DOCUMENT BEGINS]
                        analysis
                        methods.
3-7-5................  Recordkeeping          9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                        requirements;                     WHERE THE DOCUMENT BEGINS]
                        standard
                        operating
                        procedures.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Article 7. Sulfur Dioxide Rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                               Rule 2. Compliance
----------------------------------------------------------------------------------------------------------------
7-2-1................  Reporting              9/10/2011  10/23/13, [INSERT PAGE NUMBER      ....................
                        requirements;                     WHERE THE DOCUMENT BEGINS]
                        methods to
                        determine
                        compliance.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


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* * * * *
[FR Doc. 2013-24118 Filed 10-22-13; 8:45 am]
BILLING CODE 6560-50-P