Approval and Promulgation of Air Quality Implementation Plans; Indiana, 63093-63099 [2013-24118]
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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
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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:
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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.
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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:
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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–
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
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
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• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under 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
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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) * * *
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EPA-APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective
date
Subject
EPA approval date
Notes
Article 1. General Provisions
*
*
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*
*
*
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*
*
Rule 2. Definitions
*
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1–2–23.5 ...........
*
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‘‘Emissions unit’’ defined ......
*
12/25/1998
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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 .......
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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
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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 ................
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Rule 2. Compliance
7–2–1 ................
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[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
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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
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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
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]]>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.
-----------------------------------------------------------------------
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]
[[Page 63098]]
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.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 63099]]
* * * * *
[FR Doc. 2013-24118 Filed 10-22-13; 8:45 am]
BILLING CODE 6560-50-P
