Approval and Promulgation of Air Quality Implementation Plans; Indiana; Indiana PM2.5, 37646-37650 [2014-15271]
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37646
Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Rules and Regulations
an environmental standard intended to
mitigate health or safety risks.
Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
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National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
when the agency decides not to use
available and applicable voluntary
consensus standards. This action does
not involve technical standards.
Therefore, EPA is not considering the
use of any voluntary consensus
standards.
Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
Executive Order (EO) 12898 (59 FR
7629 (Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provisions directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA lacks the discretionary authority
to address environmental justice in this
proposed rulemaking. This rule
implements the provisions in section
31001(o) of the Debt Collection
Improvement Act of 1996 (DCIA) and
only addresses administrative wage
garnishment for delinquent non-tax
debt.
Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
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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 rule 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). This rule
will be effective September 2, 2014.
List of Subjects in 40 CFR Part 13
Environmental protection,
Administrative practice and procedure,
Claims, Debt collection, Government
employees, Garnishment of wages,
Hearing and appeal procedures,
Salaries, Wages.
Dated: June 23, 2014.
Jeanne Conklin,
Acting Director Office of Financial
Management.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 13 as
follows:
PART 13—CLAIMS COLLECTION
STANDARDS
1. The authority citation to part 13 is
revised to read as follows:
■
Authority: 5 U.S.C. 552a, 5512, and 5514;
31 U.S.C. 3701; 31 U.S.C. 3711 et seq. and
3720A; 31 U.S.C. 3720D; 31 CFR 285.11; 31
CFR parts 900–904.
2. Part 13 is amended by adding
Subpart I to read as follows:
■
Subpart I—Administrative Wage
Garnishment
§ 13.41
Administrative wage garnishment.
(a) Environmental Protection Agency
is authorized to collect debts from an
individual debtor’s wages by means of
administrative wage garnishment in
accordance with the requirements of 31
U.S.C. 3720D and 31 CFR 285.11. This
part adopts the provisions of 31 CFR
285.11 concerning administrative wage
garnishment, including the hearing
procedures described in 31 CFR
285.11(f). Environmental Protection
Agency may use administrative wage
garnishment to collect a delinquent
Environmental Protection Agency debt
unless the debtor is making timely
payments under an agreement to pay the
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debt in installments (see § 13.18 of this
part). If the Environmental Protection
Agency intends to use administrative
wage garnishment, at least thirty (30)
days prior to initiating an administrative
wage garnishment, the Environmental
Protection Agency will send notice to
the debtor as set forth in 31 CFR
285.11(e). Alternatively, for
Environmental Protection Agency debts
referred to the Department of the
Treasury (Treasury) for cross-servicing
pursuant to 31 U.S.C. 3711(g)(1), the
Environmental Protection Agency may
authorize Treasury to send the required
notice informing the debtor that
administrative wage garnishment will
be initiated and how the debtor may
request a hearing as described in 31 CFR
285.11(f). If a debtor makes a timely
request for a hearing, administrative
wage garnishment will not begin until a
hearing is held and a decision is sent to
the debtor. See 31 CFR 285.11(f)(4).
Even if a debtor’s hearing request is not
timely, the Environmental Protection
Agency may suspend collection by
administrative wage garnishment in
accordance with the provisions of 31
CFR 285.11(f)(5). All travel expenses
incurred by the debtor in connection
with an in-person hearing will be borne
by the debtor.
(b) This section does not apply to
Federal employee salary offset, the
process by which the Environmental
Protection Agency collects debts from
the salaries of Federal employees (see
§ 13.21 of this part).
[FR Doc. 2014–15578 Filed 7–1–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2012–0567; FRL–9912–85–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Indiana PM2.5 NSR
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of submissions from
Indiana addressing EPA’s requirements
for its new source review (NSR) and
prevention of significant deterioration
(PSD) program with respect to
particulate matter smaller than 2.5
micrometers (PM2.5) and ozone
precursors. This rulemaking will
finalize portions of two proposed
SUMMARY:
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Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Rules and Regulations
rulemaking actions, one published in
the Federal Register on August 19, 2013
and another published on November 1,
2013.
DATES: This final rule is effective on
August 1, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2012–0567. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Michael
Langman, Environmental Scientist, at
(312) 886–6867 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Michael Langman, Environmental
Scientist, Air Permits Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6867,
langman.michael@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 final
approval?
II. What is EPA approving with this final
action?
III. Why is EPA approving changes to
Indiana’s nonattainment new source
review program?
IV. Why is EPA taking no action on portions
of indiana’s request?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews.
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I. What is the background for this final
approval?
On July 12, 2012, the Indiana
Department of Environmental
Management (IDEM) submitted
revisions to Indiana’s State
Implementation Plan (SIP) intended to
address ozone and PM2.5 NSR and PSD
requirements. IDEM also submitted a
supplemental revision to its SIP on
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December 12, 2012, addressing
additional PM2.5 NSR and PSD
requirements. Indiana’s SIP is contained
within title 326 of the Indiana
Administrative Code (IAC).
On August 19, 2013, EPA proposed to
approve some portions of the
submissions as revisions to Indiana’s
SIP (see 78 FR 50360). The public
comment period for this proposed
approval ended on September 18, 2013.
EPA received comments on the August
19, 2013, proposed rulemaking.
On November 1, 2013, EPA proposed
to approve additional portions of the
submissions as revisions to Indiana’s
SIP (see 78 FR 65590). The public
comment period for the proposed
approval ended on December 2, 2013.
No comments were received for the
November 1, 2013, proposed
rulemaking.
In today’s rulemaking, EPA finalizes
portions of its August 19, 2013, and
November 1, 2013, proposed approval of
Indiana’s July 12, 2012, and December
12, 2012, submissions from IDEM.
These were intended to address
requirements related to EPA’s 2010 final
rule entitled ‘‘Prevention of Significant
Deterioration (PSD) for Particulate
Matter Less than 2.5 Micrometers
(PM2.5)—Increments, Significant Impact
Levels (SILs), and Significant
Monitoring Concentration (SMC)’’ (the
2010 NSR Rule) 1 with respect to the
major source baseline date, trigger date,
definition of baseline area, and the class
I variance. EPA will also finalize its
approval of portions of IDEM’s
submission addressing nitrogen oxide
(NOX) ozone precursor requirements
obligated by EPA’s 2005 final rule
entitled ‘‘Final Rule to Implement the 8hour Ozone National Ambient Air
Quality Standard—Phase 2’’.2
EPA is also finalizing its approval of
some portions of Indiana’s submission
as it relates to nonattainment NSR. In
particular, EPA is approving the
revisions to Indiana’s SIP intended to
address the requirements obligated by
EPA’s 2008 final rule entitled
‘‘Implementation of New Source Review
(NSR) Program for Particulate Matter
Less than 2.5 Micrometers (PM2.5)’’ (the
2008 NSR Rule) 3 with respect to
nonattainment NSR program definitions
of ‘‘regulated NSR pollutant’’ and
‘‘significant’’. These definitions were
submitted in accordance with title I,
part D, subpart 1 of the Clean Air Act
(CAA) as opposed to title I, part D,
subpart 4 of the CAA.
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1 75
FR 64863 (October 20, 2010).
FR 71612 (November 29, 2005).
3 73 FR 28321 (May 16, 2008).
2 70
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37647
EPA will be taking no action on the
revisions requesting changes to
permitting exemptions and Indiana’s
title V program. EPA will also be taking
no action on the revisions incorporating
PM2.5 PSD increments due to an adverse
comment EPA received on the August
19, 2013, proposed rulemaking.
The following sections will describe
in more detail the action EPA is taking
on each of Indiana’s requests.
II. What is EPA approving with this
final action?
For the reasons discussed in the
November 1, 2013, proposed rulemaking
(see 78 FR 65590), EPA is finalizing its
approval for the following revisions to
Indiana’s SIP:
(i) The corrected SIP citation for
ozone ambient air quality data at 326
IAC 2–2–4(b)(2)(A)(vi);
(ii) The revised requirements allowing
the submission of ozone post-approval
monitoring data for both volatile organic
compounds (VOC) and NOX at 326 IAC
2–2–4(c)(4);
(iii) The addition of the PM2.5 class I
variance at 326 IAC 2–2–14(e); and
(iv) The revised submission
requirements to include PM2.5
requirements as part of the petition for
alternate opacity limits at 326 IAC 5–1–
5(b)(1)(E).
EPA is also finalizing approval of
portions of submissions from IDEM
intended to address requirements
related to the 2010 NSR Rule. On
August 19, 2013, EPA published a
rulemaking proposing approval of 326
IAC 2–2–1(f)(1), 326 IAC 2–2–1(ee)(3),
and 326 IAC 2–2–1(gg)(1)(C) (see 78 FR
50360). This action was independent of
the November 1, 2013, proposed
rulemaking (see 78 FR 65590), where
EPA proposed approval of the identical
provisions. Therefore, for the reasons
discussed in both the August 19, 2013,
and November 1, 2013, proposed
rulemakings, EPA is finalizing its
approval for the following revisions to
Indiana’s SIP:
(i) The revision to the definition of
‘‘baseline area’’ at 326 IAC 2–2–1(f)(1);
(ii) The revision to the definition of
‘‘major source baseline date’’ at 326 IAC
2–2–1(ee)(3); and
(iii) The addition of the PM2.5 trigger
date to the definition of ‘‘minor source
baseline date’’ at 326 IAC 2–2–
1(gg)(1)(C).
To clarify, today’s final approval of
326 IAC 2–2–1(f)(1), 326 IAC 2–2–
1(ee)(3), and 326 IAC 2–2–1(gg)(1)(C)
serves as a final action for both the
August 19, 2013, and November 1, 2013,
proposed rulemakings.
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Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Rules and Regulations
at 326 IAC 2–3–1(mm)(3) identifies
sulfur dioxide (SO2) and NOX as
regulated PM2.5 precursors while VOCs
and ammonia are not regulated PM2.5
On January 4, 2013, the U.S. Court of
precursors in PM2.5 nonattainment areas
Appeals for the District of Columbia
in the state. The revised definition of
Circuit, in Natural Resources Defense
‘‘significant’’ at 326 IAC 2–3–1(pp) adds
Council v. EPA 4 issued a decision that
significant emission rates for direct
remanded the EPA’s 2007 and 2008
PM2.5 and for SO2 and NOX as PM2.5
rules implementing the 1997 PM2.5
National Ambient Air Quality Standards precursors. These revisions, although
consistent with the 2008 NSR Rule as
(NAAQS). Relevant here, the 2008 NSR
developed consistent with subpart 1 of
Rule promulgated NSR requirements for
the CAA, may not contain the elements
implementation of PM2.5 in both
necessary to satisfy the CAA
nonattainment areas and attainment/
requirements when evaluated under the
unclassifiable areas. The Court found
subpart 4 statutory requirements. In
that EPA erred in implementing the
particular, Indiana’s submission does
PM2.5 NAAQS in these rules solely
not include regulation of VOCs and
pursuant to the general implementation
ammonia as PM2.5 precursors, nor does
provisions of subpart 1 of part D of title
it include a demonstration consistent
I of the CAA, rather than pursuant to the with section 189(e) showing that major
additional implementation provisions
sources of those precursor pollutants
specific to particulate matter
would not contribute significantly to
nonattainment areas in subpart 4. The
PM2.5 levels exceeding the standard in
Court ordered the EPA to ‘‘repromulgate the area. For these reasons, EPA cannot
these rules pursuant to Subpart 4
conclude at this time that this part of
consistent with this opinion.’’ Id. at 437. Indiana’s nonattainment NSR
On April 25, 2014, the Administrator
submission satisfies all of the
signed a final rulemaking that begins to
requirements of subpart 4 as they
address the remand (see https://
pertain to PM2.5 nonattainment NSR
www.epa.gov/airquality/
permitting.
particlepollution/actions.html). Upon
Although the revisions to Indiana’s
its effective date, the final rule classifies nonattainment NSR rule may not
all existing PM2.5 nonattainment areas as contain all of the necessary elements to
‘‘Moderate’’ nonattainment areas and
satisfy the CAA requirements when
sets a deadline of December 31, 2014,
evaluated under the subpart 4
for states to submit any SIP
provisions, the revisions themselves
submissions, including nonattainment
represent a strengthening of the
NSR SIPs, that may be necessary to
currently-approved Indiana SIP which
satisfy the requirements of subpart 4,
does not address PM2.5 at all. As a result
part D, title I of the CAA with respect
of the April 25, 2014, final rule, IDEM
to PM2.5 nonattainment areas.
will have until December 31, 2014, to
In a separate rulemaking process that
make any additional submission
will follow the April 2014 rule, EPA is
necessary to address the requirements of
evaluating the requirements of subpart 4 subpart 4, including addressing the
as they pertain to nonattainment NSR
PM2.5 precursors of VOC and ammonia.
for PM2.5 emissions. In particular,
For these reasons, EPA is approving the
subpart 4 includes section 189(e) of the
nonattainment NSR revisions at 326 IAC
CAA, which requires the control of
2–3–1(mm)(3) and 326 IAC 2–3–1(pp)
major stationary sources of PM10
without listing as a deficiency at this
precursors ‘‘except where the
time the absence of either the regulation
Administrator determines that such
or evaluation of VOCs and ammonia as
sources do not contribute significantly
PM2.5 precursors.
to PM10 levels which exceed the
standard in the area.’’ Under the court’s IV. Why is EPA taking no action on
portions of Indiana’s request?
decision in NRDC, section 189(e) of the
EPA is taking no action with respect
CAA also applies to PM2.5.
to the PSD increment revision at 326
As discussed in the proposed
IAC 2–2–6(b). In EPA’s August 19, 2013
rulemaking for this action, IDEM’s SIP
rulemaking, we proposed to approve
submission included revisions to two
revisions to Indiana’s PSD increment at
definitions in Indiana’s nonattainment
326 IAC 2–2–6(b). During the comment
NSR program. The revised definition of
period for the August 19, 2013,
‘‘regulated NSR pollutant’’ at 326 IAC
proposed rulemaking, EPA received an
2–3–1(mm)(3) identifies precursors to
adverse comment regarding the PSD
both ozone and PM2.5 in nonattainment
areas. With respect to PM2.5, the revised increment revision at 326 IAC 2–2–6(b).
definition of ‘‘regulated NSR pollutant’’ In the November 1, 2013, proposed
rulemaking, EPA proposed to approve
4 706 F.3d 428 (D.C. Cir. 2013).
the same revisions to Indiana’s PSD
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III. Why is EPA approving changes to
Indiana’s nonattainment new source
review program?
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increment at 326 IAC 2–2–6(b). EPA did
not receive any adverse comments
during the comment period for that
proposed rulemaking. However, given
the earlier adverse comment, EPA is not
taking final action with respect to 326
IAC 2–2–6(b) in this action. Instead,
EPA will address Indiana’s satisfaction
of the PSD increment requirements and
address the adverse comment in a
separate action.
EPA is also taking no action on the
following revisions to Indiana’s SIP:
(i) 326 IAC 2–1.1–3(d)(2)(A);
(ii) 326 IAC 2–1.1–3(e)(1)(A); and
(iii) 326 IAC 2–1.1–3(h)(2)(B)(xi).
As discussed in the November 1,
2013, proposal, these revisions to
permitting exemptions were requested
for state regulations that EPA has not
previously approved into Indiana’s SIP.
If Indiana requests in the future that
EPA take action on adding these
revisions to Indiana’s SIP as part of a
separate SIP submission, then EPA will
do so at that time.
EPA is taking no action on the
following revisions to Indiana’s title V
program:
(i) 326 IAC 2–7–1(21)(E)(vi); and
(ii) 326 IAC 2–7–1(42)(C)(ii)(FF).
As discussed in the November 1,
2013, proposal, EPA will take action on
the revisions to Indiana’s title V
program as part of a title V program
submission.
V. What action is EPA taking?
For the reasons discussed previously
in the proposed rulemaking and in
today’s final rulemaking, EPA is
approving into the Indiana SIP the
following revised rules addressing PM2.5
and ozone requirements: 326 IAC 2–2–
1(f)(1), (ee)(3), and (gg)(1)(C); 326 IAC 2–
2–4(b)(2)(A)(vi) and (c)(4); 326 IAC 2–2–
14(e); and 326 IAC 5–1–5(b)(1)(E).
EPA is also approving into the
Indiana SIP the following revised rules
to Indiana’s nonattainment NSR
program: 326 IAC 2–3–1(mm)(3) and
(pp).
For the reasons identified in the
November 1, 2013, proposed rulemaking
and further explained in today’s final
rulemaking, EPA is taking no action
with respect to the following revised
rules to PM2.5 PSD increment,
permitting exemptions, and Indiana’s
title V program: 326 IAC 2–1.1–
3(d)(2)(A), (e)(1)(A), and (h)(2)(B)(xi);
326 IAC 2–2–6(b); and 326 IAC 2–7–
1(21)(E)(vi) and (42)(C)(ii)(FF).
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
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Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Rules and Regulations
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 2, 2014. 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. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 17, 2014.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.770 the table in paragraph
(c) is amended by:
■ a. Revising the entries in ‘‘Article 2.
Permit Review Rules’’ for ‘‘Rule 2.
Prevention of Significant Deterioration
Requirements’’;
■ b. Revising the entry in ‘‘Article 2.
Permit Review Rules’’, ‘‘Rule 3.
Emission Offset’’ for 2–3–1
‘‘Definitions’’; and
■ c. Revising the entries for ‘‘Article 5.
Opacity Regulations’’.
The revised text reads as follows:
■
§ 52.770
*
Identification of plan.
*
*
(c) * * *
*
*
EPA–APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective date
Subject
*
*
*
EPA approval date
*
Notes
*
*
*
*
*
*
Article 2. Permit Review Rules
*
*
*
*
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Rule 2. Prevention of Significant Deterioration (PSD) Requirements
2–2–1 ..............
2–2–4 ..............
VerDate Mar<15>2010
Applicability ....................................
Control technology review; requirements.
Air quality analysis; requirements ..
14:14 Jul 01, 2014
Jkt 232001
PO 00000
7/11/2012
10/29/2012, 77 FR 65478 ..............
7/11/2012
2–2–2 ..............
2–2–3 ..............
Definitions ......................................
10/31/2010
9/10/2004
7/2/2014, [INSERT Federal Register CITATION].
7/8/2011, 76 FR 40242.
6/18/2007, 72 FR 33395.
7/11/2012
10/29/2012, 77 FR 65478 ..............
Frm 00033
Fmt 4700
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(dd)(1), (ff)(7), (ss)(1), (ww)(1)(F),
and (ww)(1)(G) only.
(f)(1), (ee)(3), and (gg)(1)(C) only.
(b)(2)(vi) only.
02JYR1
37650
Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Rules and Regulations
EPA–APPROVED INDIANA REGULATIONS—Continued
Indiana citation
Indiana
effective date
Subject
7/11/2012
2–2–5 ..............
2–2–6 ..............
2–2–8 ..............
2–2–10 ............
2–2–11 ............
2–2–12 ............
2–2–13 ............
2–2–14 ............
2–2–15 ............
2–2–16 ............
EPA approval date
Notes
10/31/2010
9/10/2004
10/31/2010
10/31/2010
4/22/2001
4/8/2004
4/22/2001
Air quality impact; requirements ....
Increment consumption; requirements.
Source obligation ...........................
Source information .........................
Stack height provisions ..................
Permit rescission ...........................
Area designation and redesignation.
Sources impacting federal Class I
areas: additional requirements.
Public participation .........................
Ambient air ceilings .......................
7/2/2014, [INSERT Federal Register CITATION].
7/8/2011, 76 FR 40242.
6/18/2007, 72 FR 33395.
7/8/2011, 76 FR 40242.
7/8/2011, 76 FR 40242.
6/27/2003, 68 FR 38197.
5/20/2004, 69 FR 29071.
6/27/2003, 68 FR 38197.
7/11/2012
4/22/2001
4/22/2001
(c)(4) only.
7/2/2014, [INSERT Federal Register CITATION].
6/27/2003, 68 FR 38197.
6/27/2003, 68 FR 38197.
Rule 3. Emission Offset
2–3–1 ..............
Definitions ......................................
10/31/2010
.........................
7/11/2012
*
*
*
7/8/2011, 76 FR 40242.
7/2/2014, [INSERT Federal Register CITATION].
*
*
*
*
Article 5. Opacity Regulations
Rule 1. Opacity Limitations
5–1–1 ..............
5–1–2 ..............
5–1–3 ..............
5–1–4 ..............
Applicability ....................................
Opacity limitations ..........................
Temporary alternative opacity limitations.
Compliance determination .............
5–1–5 ..............
Violations .......................................
6/11/1993
11/8/1998
6/11/1993
11/8/1998
7/11/2012
5–1–7 ..............
State implementation plan revisions.
6/11/1993
*
*
*
*
*
*
11/8/1998
11/8/1998
11/8/1998
7/16/2002, 67 FR 46589.
7/16/2002, 67 FR 46589.
7/16/2002, 67 FR 46589.
6/15/1995, 60 FR 31412 ................
7/16/2002, 67 FR 46589 ................
6/15/1995, 60 FR 31412 ................
7/16/2002, 67 FR 46589 ................
7/2/2014, [INSERT Federal Register CITATION].
6/15/1995, 60 FR 31412.
*
*
*
ACTION:
*
Final rule.
[FR Doc. 2014–15271 Filed 7–1–14; 8:45 am]
BILLING CODE 6560–50–P
Federal Emergency Management
Agency
wreier-aviles on DSK5TPTVN1PROD with RULES
44 CFR Part 64
[Docket ID FEMA–2014–0002; Internal
Agency Docket No. FEMA–8339]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
AGENCY:
VerDate Mar<15>2010
17:34 Jul 01, 2014
This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
SUMMARY:
DEPARTMENT OF HOMELAND
SECURITY
Jkt 232001
PO 00000
Frm 00034
Fmt 4700
Sec.
Sec.
Sec.
Sec.
Sec.
Sfmt 4700
*
4(a).
4(b).
5(a), 5(c).
5(b).
5(b)(1)(E) only.
*
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/fema/csb.shtm.
Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
DATES:
If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact David Stearrett,
Federal Insurance and Mitigation
Administration, Federal Emergency
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\02JYR1.SGM
02JYR1
]]>Agencies
[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Rules and Regulations]
[Pages 37646-37650]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15271]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0567; FRL-9912-85-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Indiana PM2.5 NSR
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of submissions from Indiana addressing EPA's
requirements for its new source review (NSR) and prevention of
significant deterioration (PSD) program with respect to particulate
matter smaller than 2.5 micrometers (PM2.5) and ozone
precursors. This rulemaking will finalize portions of two proposed
[[Page 37647]]
rulemaking actions, one published in the Federal Register on August 19,
2013 and another published on November 1, 2013.
DATES: This final rule is effective on August 1, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2012-0567. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Michael Langman,
Environmental Scientist, at (312) 886-6867 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Michael Langman, Environmental
Scientist, Air Permits Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6867, langman.michael@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 final approval?
II. What is EPA approving with this final action?
III. Why is EPA approving changes to Indiana's nonattainment new
source review program?
IV. Why is EPA taking no action on portions of indiana's request?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews.
I. What is the background for this final approval?
On July 12, 2012, the Indiana Department of Environmental
Management (IDEM) submitted revisions to Indiana's State Implementation
Plan (SIP) intended to address ozone and PM2.5 NSR and PSD
requirements. IDEM also submitted a supplemental revision to its SIP on
December 12, 2012, addressing additional PM2.5 NSR and PSD
requirements. Indiana's SIP is contained within title 326 of the
Indiana Administrative Code (IAC).
On August 19, 2013, EPA proposed to approve some portions of the
submissions as revisions to Indiana's SIP (see 78 FR 50360). The public
comment period for this proposed approval ended on September 18, 2013.
EPA received comments on the August 19, 2013, proposed rulemaking.
On November 1, 2013, EPA proposed to approve additional portions of
the submissions as revisions to Indiana's SIP (see 78 FR 65590). The
public comment period for the proposed approval ended on December 2,
2013. No comments were received for the November 1, 2013, proposed
rulemaking.
In today's rulemaking, EPA finalizes portions of its August 19,
2013, and November 1, 2013, proposed approval of Indiana's July 12,
2012, and December 12, 2012, submissions from IDEM. These were intended
to address requirements related to EPA's 2010 final rule entitled
``Prevention of Significant Deterioration (PSD) for Particulate Matter
Less than 2.5 Micrometers (PM2.5)--Increments, Significant
Impact Levels (SILs), and Significant Monitoring Concentration (SMC)''
(the 2010 NSR Rule) \1\ with respect to the major source baseline date,
trigger date, definition of baseline area, and the class I variance.
EPA will also finalize its approval of portions of IDEM's submission
addressing nitrogen oxide (NOX) ozone precursor requirements
obligated by EPA's 2005 final rule entitled ``Final Rule to Implement
the 8-hour Ozone National Ambient Air Quality Standard--Phase 2''.\2\
---------------------------------------------------------------------------
\1\ 75 FR 64863 (October 20, 2010).
\2\ 70 FR 71612 (November 29, 2005).
---------------------------------------------------------------------------
EPA is also finalizing its approval of some portions of Indiana's
submission as it relates to nonattainment NSR. In particular, EPA is
approving the revisions to Indiana's SIP intended to address the
requirements obligated by EPA's 2008 final rule entitled
``Implementation of New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5)'' (the 2008 NSR
Rule) \3\ with respect to nonattainment NSR program definitions of
``regulated NSR pollutant'' and ``significant''. These definitions were
submitted in accordance with title I, part D, subpart 1 of the Clean
Air Act (CAA) as opposed to title I, part D, subpart 4 of the CAA.
---------------------------------------------------------------------------
\3\ 73 FR 28321 (May 16, 2008).
---------------------------------------------------------------------------
EPA will be taking no action on the revisions requesting changes to
permitting exemptions and Indiana's title V program. EPA will also be
taking no action on the revisions incorporating PM2.5 PSD
increments due to an adverse comment EPA received on the August 19,
2013, proposed rulemaking.
The following sections will describe in more detail the action EPA
is taking on each of Indiana's requests.
II. What is EPA approving with this final action?
For the reasons discussed in the November 1, 2013, proposed
rulemaking (see 78 FR 65590), EPA is finalizing its approval for the
following revisions to Indiana's SIP:
(i) The corrected SIP citation for ozone ambient air quality data
at 326 IAC 2-2-4(b)(2)(A)(vi);
(ii) The revised requirements allowing the submission of ozone
post-approval monitoring data for both volatile organic compounds (VOC)
and NOX at 326 IAC 2-2-4(c)(4);
(iii) The addition of the PM2.5 class I variance at 326
IAC 2-2-14(e); and
(iv) The revised submission requirements to include
PM2.5 requirements as part of the petition for alternate
opacity limits at 326 IAC 5-1-5(b)(1)(E).
EPA is also finalizing approval of portions of submissions from
IDEM intended to address requirements related to the 2010 NSR Rule. On
August 19, 2013, EPA published a rulemaking proposing approval of 326
IAC 2-2-1(f)(1), 326 IAC 2-2-1(ee)(3), and 326 IAC 2-2-1(gg)(1)(C) (see
78 FR 50360). This action was independent of the November 1, 2013,
proposed rulemaking (see 78 FR 65590), where EPA proposed approval of
the identical provisions. Therefore, for the reasons discussed in both
the August 19, 2013, and November 1, 2013, proposed rulemakings, EPA is
finalizing its approval for the following revisions to Indiana's SIP:
(i) The revision to the definition of ``baseline area'' at 326 IAC
2-2-1(f)(1);
(ii) The revision to the definition of ``major source baseline
date'' at 326 IAC 2-2-1(ee)(3); and
(iii) The addition of the PM2.5 trigger date to the
definition of ``minor source baseline date'' at 326 IAC 2-2-
1(gg)(1)(C).
To clarify, today's final approval of 326 IAC 2-2-1(f)(1), 326 IAC
2-2-1(ee)(3), and 326 IAC 2-2-1(gg)(1)(C) serves as a final action for
both the August 19, 2013, and November 1, 2013, proposed rulemakings.
[[Page 37648]]
III. Why is EPA approving changes to Indiana's nonattainment new source
review program?
On January 4, 2013, the U.S. Court of Appeals for the District of
Columbia Circuit, in Natural Resources Defense Council v. EPA \4\
issued a decision that remanded the EPA's 2007 and 2008 rules
implementing the 1997 PM2.5 National Ambient Air Quality
Standards (NAAQS). Relevant here, the 2008 NSR Rule promulgated NSR
requirements for implementation of PM2.5 in both
nonattainment areas and attainment/unclassifiable areas. The Court
found that EPA erred in implementing the PM2.5 NAAQS in
these rules solely pursuant to the general implementation provisions of
subpart 1 of part D of title I of the CAA, rather than pursuant to the
additional implementation provisions specific to particulate matter
nonattainment areas in subpart 4. The Court ordered the EPA to
``repromulgate these rules pursuant to Subpart 4 consistent with this
opinion.'' Id. at 437.
---------------------------------------------------------------------------
\4\ 706 F.3d 428 (D.C. Cir. 2013).
---------------------------------------------------------------------------
On April 25, 2014, the Administrator signed a final rulemaking that
begins to address the remand (see https://www.epa.gov/airquality/particlepollution/actions.html). Upon its effective date, the final
rule classifies all existing PM2.5 nonattainment areas as
``Moderate'' nonattainment areas and sets a deadline of December 31,
2014, for states to submit any SIP submissions, including nonattainment
NSR SIPs, that may be necessary to satisfy the requirements of subpart
4, part D, title I of the CAA with respect to PM2.5
nonattainment areas.
In a separate rulemaking process that will follow the April 2014
rule, EPA is evaluating the requirements of subpart 4 as they pertain
to nonattainment NSR for PM2.5 emissions. In particular,
subpart 4 includes section 189(e) of the CAA, which requires the
control of major stationary sources of PM10 precursors
``except where the Administrator determines that such sources do not
contribute significantly to PM10 levels which exceed the
standard in the area.'' Under the court's decision in NRDC, section
189(e) of the CAA also applies to PM2.5.
As discussed in the proposed rulemaking for this action, IDEM's SIP
submission included revisions to two definitions in Indiana's
nonattainment NSR program. The revised definition of ``regulated NSR
pollutant'' at 326 IAC 2-3-1(mm)(3) identifies precursors to both ozone
and PM2.5 in nonattainment areas. With respect to
PM2.5, the revised definition of ``regulated NSR pollutant''
at 326 IAC 2-3-1(mm)(3) identifies sulfur dioxide (SO2) and
NOX as regulated PM2.5 precursors while VOCs and
ammonia are not regulated PM2.5 precursors in
PM2.5 nonattainment areas in the state. The revised
definition of ``significant'' at 326 IAC 2-3-1(pp) adds significant
emission rates for direct PM2.5 and for SO2 and
NOX as PM2.5 precursors. These revisions,
although consistent with the 2008 NSR Rule as developed consistent with
subpart 1 of the CAA, may not contain the elements necessary to satisfy
the CAA requirements when evaluated under the subpart 4 statutory
requirements. In particular, Indiana's submission does not include
regulation of VOCs and ammonia as PM2.5 precursors, nor does
it include a demonstration consistent with section 189(e) showing that
major sources of those precursor pollutants would not contribute
significantly to PM2.5 levels exceeding the standard in the
area. For these reasons, EPA cannot conclude at this time that this
part of Indiana's nonattainment NSR submission satisfies all of the
requirements of subpart 4 as they pertain to PM2.5
nonattainment NSR permitting.
Although the revisions to Indiana's nonattainment NSR rule may not
contain all of the necessary elements to satisfy the CAA requirements
when evaluated under the subpart 4 provisions, the revisions themselves
represent a strengthening of the currently-approved Indiana SIP which
does not address PM2.5 at all. As a result of the April 25,
2014, final rule, IDEM will have until December 31, 2014, to make any
additional submission necessary to address the requirements of subpart
4, including addressing the PM2.5 precursors of VOC and
ammonia. For these reasons, EPA is approving the nonattainment NSR
revisions at 326 IAC 2-3-1(mm)(3) and 326 IAC 2-3-1(pp) without listing
as a deficiency at this time the absence of either the regulation or
evaluation of VOCs and ammonia as PM2.5 precursors.
IV. Why is EPA taking no action on portions of Indiana's request?
EPA is taking no action with respect to the PSD increment revision
at 326 IAC 2-2-6(b). In EPA's August 19, 2013 rulemaking, we proposed
to approve revisions to Indiana's PSD increment at 326 IAC 2-2-6(b).
During the comment period for the August 19, 2013, proposed rulemaking,
EPA received an adverse comment regarding the PSD increment revision at
326 IAC 2-2-6(b). In the November 1, 2013, proposed rulemaking, EPA
proposed to approve the same revisions to Indiana's PSD increment at
326 IAC 2-2-6(b). EPA did not receive any adverse comments during the
comment period for that proposed rulemaking. However, given the earlier
adverse comment, EPA is not taking final action with respect to 326 IAC
2-2-6(b) in this action. Instead, EPA will address Indiana's
satisfaction of the PSD increment requirements and address the adverse
comment in a separate action.
EPA is also taking no action on the following revisions to
Indiana's SIP:
(i) 326 IAC 2-1.1-3(d)(2)(A);
(ii) 326 IAC 2-1.1-3(e)(1)(A); and
(iii) 326 IAC 2-1.1-3(h)(2)(B)(xi).
As discussed in the November 1, 2013, proposal, these revisions to
permitting exemptions were requested for state regulations that EPA has
not previously approved into Indiana's SIP. If Indiana requests in the
future that EPA take action on adding these revisions to Indiana's SIP
as part of a separate SIP submission, then EPA will do so at that time.
EPA is taking no action on the following revisions to Indiana's
title V program:
(i) 326 IAC 2-7-1(21)(E)(vi); and
(ii) 326 IAC 2-7-1(42)(C)(ii)(FF).
As discussed in the November 1, 2013, proposal, EPA will take
action on the revisions to Indiana's title V program as part of a title
V program submission.
V. What action is EPA taking?
For the reasons discussed previously in the proposed rulemaking and
in today's final rulemaking, EPA is approving into the Indiana SIP the
following revised rules addressing PM2.5 and ozone
requirements: 326 IAC 2-2-1(f)(1), (ee)(3), and (gg)(1)(C); 326 IAC 2-
2-4(b)(2)(A)(vi) and (c)(4); 326 IAC 2-2-14(e); and 326 IAC 5-1-
5(b)(1)(E).
EPA is also approving into the Indiana SIP the following revised
rules to Indiana's nonattainment NSR program: 326 IAC 2-3-1(mm)(3) and
(pp).
For the reasons identified in the November 1, 2013, proposed
rulemaking and further explained in today's final rulemaking, EPA is
taking no action with respect to the following revised rules to
PM2.5 PSD increment, permitting exemptions, and Indiana's
title V program: 326 IAC 2-1.1-3(d)(2)(A), (e)(1)(A), and
(h)(2)(B)(xi); 326 IAC 2-2-6(b); and 326 IAC 2-7-1(21)(E)(vi) and
(42)(C)(ii)(FF).
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the
[[Page 37649]]
CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR
52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve
state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 2, 2014. 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. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: June 17, 2014.
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
a. Revising the entries in ``Article 2. Permit Review Rules'' for
``Rule 2. Prevention of Significant Deterioration Requirements'';
0
b. Revising the entry in ``Article 2. Permit Review Rules'', ``Rule 3.
Emission Offset'' for 2-3-1 ``Definitions''; and
0
c. Revising the entries for ``Article 5. Opacity Regulations''.
The 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 2. Permit Review Rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 2. Prevention of Significant Deterioration (PSD) Requirements
----------------------------------------------------------------------------------------------------------------
2-2-1.................... Definitions........... 7/11/2012 10/29/2012, 77 FR (dd)(1), (ff)(7),
65478. (ss)(1), (ww)(1)(F),
and (ww)(1)(G) only.
7/11/2012 7/2/2014, [INSERT (f)(1), (ee)(3), and
Federal Register (gg)(1)(C) only.
CITATION].
2-2-2.................... Applicability......... 10/31/2010 7/8/2011, 76 FR 40242.
2-2-3.................... Control technology 9/10/2004 6/18/2007, 72 FR 33395
review; requirements.
2-2-4.................... Air quality analysis; 7/11/2012 10/29/2012, 77 FR (b)(2)(vi) only.
requirements. 65478.
[[Page 37650]]
7/11/2012 7/2/2014, [INSERT (c)(4) only.
Federal Register
CITATION].
2-2-5.................... Air quality impact; 10/31/2010 7/8/2011, 76 FR 40242.
requirements.
2-2-6.................... Increment consumption; 9/10/2004 6/18/2007, 72 FR 33395
requirements.
2-2-8.................... Source obligation..... 10/31/2010 7/8/2011, 76 FR 40242.
2-2-10................... Source information.... 10/31/2010 7/8/2011, 76 FR 40242.
2-2-11................... Stack height 4/22/2001 6/27/2003, 68 FR 38197
provisions.
2-2-12................... Permit rescission..... 4/8/2004 5/20/2004, 69 FR 29071
2-2-13................... Area designation and 4/22/2001 6/27/2003, 68 FR 38197
redesignation.
2-2-14................... Sources impacting 7/11/2012 7/2/2014, [INSERT
federal Class I Federal Register
areas: additional CITATION].
requirements.
2-2-15................... Public participation.. 4/22/2001 6/27/2003, 68 FR 38197
2-2-16................... Ambient air ceilings.. 4/22/2001 6/27/2003, 68 FR 38197
----------------------------------------------------------------------------------------------------------------
Rule 3. Emission Offset
----------------------------------------------------------------------------------------------------------------
2-3-1.................... Definitions........... 10/31/2010 7/8/2011, 76 FR 40242.
----------------------------------------------------------------------------------------------------------------
7/11/2012 7/2/2014, [INSERT
Federal Register
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 5. Opacity Regulations
----------------------------------------------------------------------------------------------------------------
Rule 1. Opacity Limitations
----------------------------------------------------------------------------------------------------------------
5-1-1.................... Applicability......... 11/8/1998 7/16/2002, 67 FR 46589
5-1-2.................... Opacity limitations... 11/8/1998 7/16/2002, 67 FR 46589
5-1-3.................... Temporary alternative 11/8/1998 7/16/2002, 67 FR 46589
opacity limitations.
5-1-4.................... Compliance 6/11/1993 6/15/1995, 60 FR 31412 Sec. 4(a).
determination.
11/8/1998 7/16/2002, 67 FR 46589 Sec. 4(b).
5-1-5.................... Violations............ 6/11/1993 6/15/1995, 60 FR 31412 Sec. 5(a), 5(c).
11/8/1998 7/16/2002, 67 FR 46589 Sec. 5(b).
7/11/2012 7/2/2014, [INSERT Sec. 5(b)(1)(E) only.
Federal Register
CITATION].
----------------------------------------------------------------------------------------------------------------
5-1-7.................... State implementation 6/11/1993 6/15/1995, 60 FR 31412
plan revisions.
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[FR Doc. 2014-15271 Filed 7-1-14; 8:45 am]
BILLING CODE 6560-50-P
