Approval and Promulgation of Air Quality Implementation Plans; Indiana; Ozone and PM2.5, 75431-75433 [2014-29586]
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Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Jackson Street
Drawbridge across the Red River, mile
88.6, at Alexandria, Louisiana. The
deviation is necessary to allow the
bridge owner to install four new pinion
gears that are essential to the continued
safe operation of the drawbridge. This
deviation allows the bridge to remain in
the closed-to-navigation position and
not open to vessel traffic.
DATES: This deviation is effective from
7 a.m. April 6, 2015 to 7 p.m. April 15,
2015. This deviation will be enforced
from 7 a.m. April 6 to 7 p.m. April 8,
2015 and from 7 a.m. April 13 to 7 p.m.
April 15, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2014–0948] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Eric A.
Washburn, Bridge Administrator,
Western Rivers, Coast Guard; telephone
(314) 269–2378, email Eric.Washburn@
uscg.mil. If you have questions on
viewing the docket, call Cheryl F.
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION: The
Louisiana Department of Transportation
& Development requested a temporary
deviation for the Jackson Street
Drawbridge, across the Red River, mile
88.6, at Alexandria, Louisiana to remain
in the closed-to-navigation position
from 7 a.m. April 6 to 7 p.m. April 8,
2015 and from 7 a.m. April 13 to 7 p.m.
April 15, 2015.
The Jackson Street Drawbridge
currently operates in accordance with
33 CFR 117.491(b), which states the
drawbridge shall open on signal if at
least eight hours notice is given; except
that, from 7 a.m. to 9 a.m. and from 4
p.m. to 6 p.m. the draw need not be
opened Monday through Friday except
holidays.
There are no alternate routes for
vessels transiting this section of the Red
River.
The Jackson Street Drawbridge, in the
closed-to-navigation position, provides
a vertical clearance of 40.0 feet above
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
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17:09 Dec 17, 2014
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normal pool. Navigation on the
waterway primarily consists of
commercial tows and recreational
watercraft and will not be significantly
impacted. This temporary deviation has
been coordinated with waterway users.
No objections were received. The Coast
Guard will inform waterway users
through the Local and Broadcast Notice
to Mariners of the closure period so that
vessels can arrange their transits to
minimize any impacts caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: December 3, 2014.
Eric A. Washburn,
Bridge Administrator, Western Rivers.
[FR Doc. 2014–29661 Filed 12–17–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2014–0661; FRL–9920–47–
Region–5]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Ozone and PM2.5 Standards
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a submission by the
State of Indiana as a revision to the
Indiana State Implementation Plan
(SIP). The submitted regulations revise
Indiana’s ambient air quality standards
for ozone and particulate matter (PM) to
be consistent with EPA’s 2008 ozone
and 2012 fine particulate matter (PM2.5)
National Ambient Air Quality Standards
(NAAQS). EPA is therefore approving
this SIP submission, in accordance with
the requirements of the Clean Air Act
(CAA).
SUMMARY:
This direct final rule will be
effective February 17, 2015, unless EPA
receives adverse comments by January
20, 2015. 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–
DATES:
PO 00000
Frm 00015
Fmt 4700
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75431
OAR–2014–0661, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 408–2279.
4. Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2014–
0661. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
E:\FR\FM\18DER1.SGM
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75432
Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations
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 Eric
Svingen, Environmental Engineer, at
(312) 353–4489 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Eric
Svingen, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–4489,
svingen.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Background
II. Summary and Analysis of SIP Revision
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
tkelley on DSK3SPTVN1PROD with RULES
I. Background
On March 27, 2008 (73 FR 16436),
EPA revised the 8-hour ozone primary
and secondary NAAQS to a level of
0.075 parts per million (ppm) to provide
increased protection for children and
other at-risk populations against an
array of ozone-related adverse health
effects. These standards are based on the
3-year average of the annual fourthhighest daily maximum 8-hour
concentration.
On January 15, 2013 (78 FR 3086),
EPA revised the primary (health-based)
annual PM2.5 NAAQS to a level of 12.0
micrograms per cubic meter (mg/m3) and
retained the 24-hour primary NAAQS
for PM2.5 at a level of 35 mg/m3. EPA
also retained the existing annual PM2.5
secondary (welfare-based) NAAQS set at
a level of 15.0 mg/m3, and retained the
existing 24-hour coarse particle (PM10)
primary and secondary NAAQS at 150
mg/m3.
On August 20, 2014, the Indiana
Department of Environmental
Management (IDEM) submitted
revisions to 326 Indiana Administrative
Code (IAC) 1–3–4, ‘‘Ambient air quality
standards’’. These revisions make
VerDate Sep<11>2014
19:04 Dec 17, 2014
Jkt 235001
Indiana’s 8-hour ozone and annual
PM2.5 ambient air quality standards
consistent with the NAAQS.
The CAA specifies that EPA must
reevaluate the appropriateness of each
of the NAAQS every five years. As part
of the process, EPA reviewed the latest
health-based research and determined
that several NAAQS revisions were
necessary to protect public health and
welfare.
II. Summary and Analysis of SIP
Revision
IDEM’s August 20, 2014, submission
consists of amendments to 326 IAC 1–
3–4, which includes the revised ambient
air quality standards for ozone and
PM2.5. These revisions are: inclusion of
the 8-hour ozone standard of 0.075 ppm,
inclusion of the annual PM2.5 primary
standard of 12.0 mg/m3, retention of the
annual PM2.5 level of 15.0 mg/m3 as the
secondary standard, incorporation by
reference of appendix N to 40 CFR 50
(‘‘Interpretation of the National Ambient
Air Quality Standards for PM2.5’’), and
incorporation by reference of appendix
P to 40 CFR 50 (‘‘Interpretation of the
Primary and Secondary National
Ambient Air Quality Standards for
Ozone’’). The SIP submission is
consistent with the current NAAQS.
On April 9, 2014, IDEM held a public
hearing for the SIP submission. No
comments were received at this hearing.
III. What action is EPA taking?
EPA is approving the SIP submission
pertaining to the amendments of
Indiana’s ambient air quality standards
since it is consistent with the NAAQS.
Specifically, we are approving revised
rule 326 IAC 1–3–4, ‘‘Ambient air
quality standards’’ into the state 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 February 17, 2015 without
further notice unless we receive relevant
adverse written comments by January
20, 2015. 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.
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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
February 17, 2015.
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 criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
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Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
This rule is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175, nor will it 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 February 17, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements.
Dated: December 5, 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 revising the entry for
1–3–4 under ‘‘Article 1. General
Provisions’’ ‘‘Rule 3. Ambient Air
Quality Standards’’ to read as follows:
■
§ 52.770
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective
date
Subject
EPA approval date
Notes
Article 1. General Provisions
*
*
*
*
*
*
*
Rule 3. Ambient Air Quality Standards
*
*
1–3–4 ..............................................
*
*
*
*
*
Ambient air quality standards .........
*
*
*
*
*
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
tkelley on DSK3SPTVN1PROD with RULES
[DA 14–1773]
Radio Broadcasting Services; Various
Locations
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
17:09 Dec 17, 2014
Jkt 235001
*
*
The Audio Division amends
the FM Table of Allotments to remove
certain vacant FM allotments that are
reserved for noncommercial educational
(‘‘NCE’’) use. These FM assignments are
currently authorized stations and,
therefore, are no longer considered
vacant FM allotments. FM assignments
for authorized stations and reserved
facilities will be reflected solely in
Media Bureau’s Consolidated Database
System (CDBS).
DATES: Effective December 18, 2014.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2700.
SUPPLEMENTARY INFORMATION: This is a
summary of the Report and Order, DA
SUMMARY:
[FR Doc. 2014–29586 Filed 12–17–14; 8:45 am]
VerDate Sep<11>2014
*
*
*
12/18/2014, [insert Federal Register citation].
*
08/07/2014
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*
14–1773, adopted December 4, 2014,
and released December 5, 2014. The full
text of this document is available for
inspection and copying during normal
business hours in the Commission’s
Reference Center 445 12th Street SW.,
Washington, DC 20554. The complete
text of this document may also be
purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc., 445 12th Street SW.,
Room CY–B402, Washington, DC 20054,
telephone 1–800–378–3160 or
www.BCPIWEB.com. The Commission
will not send a copy of this Report and
Order pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A),
because the adopted rules are rules of
E:\FR\FM\18DER1.SGM
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Agencies
[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Rules and Regulations]
[Pages 75431-75433]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29586]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2014-0661; FRL-9920-47-Region-5]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Ozone and PM2.5 Standards
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a submission by the State of Indiana as a
revision to the Indiana State Implementation Plan (SIP). The submitted
regulations revise Indiana's ambient air quality standards for ozone
and particulate matter (PM) to be consistent with EPA's 2008 ozone and
2012 fine particulate matter (PM2.5) National Ambient Air
Quality Standards (NAAQS). EPA is therefore approving this SIP
submission, in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This direct final rule will be effective February 17, 2015,
unless EPA receives adverse comments by January 20, 2015. 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-2014-0661, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 408-2279.
4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2014-0661. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov
[[Page 75432]]
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 Eric Svingen, Environmental Engineer,
at (312) 353-4489 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-4489,
svingen.eric@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
II. Summary and Analysis of SIP Revision
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
On March 27, 2008 (73 FR 16436), EPA revised the 8-hour ozone
primary and secondary NAAQS to a level of 0.075 parts per million (ppm)
to provide increased protection for children and other at-risk
populations against an array of ozone-related adverse health effects.
These standards are based on the 3-year average of the annual fourth-
highest daily maximum 8-hour concentration.
On January 15, 2013 (78 FR 3086), EPA revised the primary (health-
based) annual PM2.5 NAAQS to a level of 12.0 micrograms per
cubic meter ([micro]g/m\3\) and retained the 24-hour primary NAAQS for
PM2.5 at a level of 35 [micro]g/m\3\. EPA also retained the
existing annual PM2.5 secondary (welfare-based) NAAQS set at
a level of 15.0 [micro]g/m\3\, and retained the existing 24-hour coarse
particle (PM10) primary and secondary NAAQS at 150 [micro]g/
m\3\.
On August 20, 2014, the Indiana Department of Environmental
Management (IDEM) submitted revisions to 326 Indiana Administrative
Code (IAC) 1-3-4, ``Ambient air quality standards''. These revisions
make Indiana's 8-hour ozone and annual PM2.5 ambient air
quality standards consistent with the NAAQS.
The CAA specifies that EPA must reevaluate the appropriateness of
each of the NAAQS every five years. As part of the process, EPA
reviewed the latest health-based research and determined that several
NAAQS revisions were necessary to protect public health and welfare.
II. Summary and Analysis of SIP Revision
IDEM's August 20, 2014, submission consists of amendments to 326
IAC 1-3-4, which includes the revised ambient air quality standards for
ozone and PM2.5. These revisions are: inclusion of the 8-
hour ozone standard of 0.075 ppm, inclusion of the annual
PM2.5 primary standard of 12.0 [micro]g/m\3\, retention of
the annual PM2.5 level of 15.0 [micro]g/m\3\ as the
secondary standard, incorporation by reference of appendix N to 40 CFR
50 (``Interpretation of the National Ambient Air Quality Standards for
PM2.5''), and incorporation by reference of appendix P to 40
CFR 50 (``Interpretation of the Primary and Secondary National Ambient
Air Quality Standards for Ozone''). The SIP submission is consistent
with the current NAAQS.
On April 9, 2014, IDEM held a public hearing for the SIP
submission. No comments were received at this hearing.
III. What action is EPA taking?
EPA is approving the SIP submission pertaining to the amendments of
Indiana's ambient air quality standards since it is consistent with the
NAAQS. Specifically, we are approving revised rule 326 IAC 1-3-4,
``Ambient air quality standards'' into the state 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 February 17,
2015 without further notice unless we receive relevant adverse written
comments by January 20, 2015. 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
February 17, 2015.
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 criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible
[[Page 75433]]
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
This rule is not approved to apply on any Indian reservation land
or in any other area where EPA or an Indian tribe has demonstrated that
a tribe has jurisdiction. In those areas of Indian country, the rule
does not have tribal implications as specified by Executive Order
13175, nor will it 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 February 17, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements.
Dated: December 5, 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 revising
the entry for 1-3-4 under ``Article 1. General Provisions'' ``Rule 3.
Ambient Air Quality Standards'' to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective EPA approval date Notes
date
----------------------------------------------------------------------------------------------------------------
Article 1. General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 3. Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1-3-4........................... Ambient air quality 08/07/2014 12/18/2014, [insert ....................
standards. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-29586 Filed 12-17-14; 8:45 am]
BILLING CODE 6560-50-P