Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Rules and Regulations 18999 

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, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 24, 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. 

Subpart O—Illinois 

■ 2. Section 52.720 is amended by 

adding paragraph (c)(198) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(198) On January 9, 2014, Illinois 

submitted modifications to its Federally 

Enforceable State Operating Permits 

rules as a revision to the state 

implementation plan. The revision 

extends the maximum permit term of 

Federally Enforceable State Operating 

Permits from five years to ten years. 

(i) Incorporation by reference. Illinois 

Administrative Code Title 35: 

Environmental Protection; Subtitle B: 

Air Pollution; Chapter I: Pollution 

Control Board; Subchapter a: Permits 

and General Provisions; Part 201: 

Permits and General Provisions; Subpart 

D: Permit Applications and Review 

Process; Section 201.162: Duration; 

Subsection 201.162(a). Effective 

December 1, 2010. 

[FR Doc. 2014–07560 Filed 4–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0805; FRL–9908–70– 

Region 5] 

Approval of Air Quality Implementation 

Plans; Indiana; Ohio; ‘‘Infrastructure’’ 

SIP State Board Requirements for the 

2006 24-Hour PM2.5 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to its authority 

under the Clean Air Act (CAA), the 

Environmental Protection Agency (EPA) 

is taking final action to approve 

elements of state implementation plan 

(SIP) submissions by the Indiana 

Department of Environmental 

Management (IDEM) and the Ohio 

Environmental Protection Agency (Ohio 

EPA) to address the section 110 

requirements of the CAA for the 2006 

24-hour fine particle National Ambient 

Air Quality Standards (2006 PM2.5

NAAQS). The SIPs under section 110 of 

the CAA are often referred to as the 

‘‘infrastructure’’ SIP, and specifically we 

are finalizing approval of portions of 

these states’ submissions intended to 

meet the applicable state board 

requirements obligated by section 128 of 

the CAA. The proposed rule associated 

with this final action was published on 

February 7, 2014, and we received no 

comments. 

DATES: This final rule is effective on 

May 7, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2009–0805. 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., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly-available only in hard 

copy. Publicly-available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the U.S. Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. This 

facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Andy Chang at (312) 

886–0258 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, Environmental Engineer, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–0258, 

chang.andy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

II. What action is EPA taking? 

III. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

Under sections 110(a)(1) and (2) of the 

CAA, and implementing EPA policy, 

states are required to submit to EPA 

infrastructure SIPs to ensure that their 

SIPs provide for implementation, 

maintenance, and enforcement of the 

NAAQS, including the 2006 PM2.5

NAAQS. These submissions must 

contain any revisions needed for 

meeting the applicable SIP requirements 

of section 110(a)(2), or certifications that 

their existing SIPs already met those 

requirements. 

EPA highlighted this statutory 

requirement in an October 2, 2007, 

guidance document entitled ‘‘Guidance 

on SIP Elements Required Under 

Sections 110(a)(1) and (2) for the 1997 

8-hour Ozone and PM2.5 National 

Ambient Air Quality Standards’’ (2007 

Memo). On September 25, 2009, EPA 

issued additional guidance pertaining to 

the 2006 PM2.5 NAAQS entitled 

‘‘Guidance on SIP Elements Required 

Under Sections 110(a)(1) and (2) for the 

2006 24-Hour Fine Particle (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS)’’ (2009 Memo). 

On October 29, 2012, EPA finalized 

its approval of the majority of the 

infrastructure SIP elements for Indiana 

and Ohio with respect to the 2006 PM2.5

NAAQS (see 77 FR 65478). However, we 

took no action on the state board 

requirements of section 110(a)(2)(E)(ii); 

instead, we committed to address 

compliance with these requirements at 

a later time (see 77 FR 65478 at 75480). 

EPA’s February 7, 2014, proposed 

rulemaking and today’s final action 

fulfill that commitment. 

To assist states with addressing the 

state board requirements of section 

110(a)(2)(E)(ii), EPA issued ‘‘Guidance 

on Infrastructure SIP Elements Required 


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19000 Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Rules and Regulations 

Under Sections 110(a)(1) and (2) for the 

2008 Lead (Pb) National Ambient Air 

Quality Standards (NAAQS)’’ (2011 

Memo) and most recently, ‘‘Guidance on 

Infrastructure SIP Elements Under Clean 

Air Act Sections 110(a)(1) and 

110(a)(2)’’ (2013 Memo). Notably, the 

2013 Memo specifies that the state 

board requirements are not NAAQS 

specific, i.e., the requirements are 

identical for each NAAQS. EPA’s 

February 7, 2014, proposed rulemaking 

(see 79 FR 7410) detailed how Indiana 

and Ohio have met the applicable 

requirements of section 110(a)(2)(E)(ii), 

and no comments were received 

regarding the proposal to approve these 

states’ satisfaction of those 

requirements. 

II. What action is EPA taking? 

For the reasons discussed in our 

February 7, 2014, proposed rulemaking, 

EPA is taking final action to approve 

submissions from IDEM and Ohio as 

meeting the state board requirements 

under section 110(a)(2)(E)(ii) for the 

2006 PM2.5 NAAQS. To reiterate, this 

action does not extend to any other 

NAAQS, nor does it extend to any other 

element under section 110(a)(1) and (2) 

for the 2006 PM2.5 NAAQS. 

III. 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 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 June 6, 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. 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: March 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 

(e) is amended by revising the entry for 

‘‘Section 110(a)(2) Infrastructure 

Requirements for the 2006 24-Hour 

PM2.5 NAAQS’’. 

The revised text reads as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(e) * * * 


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Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Rules and Regulations 19001 

EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title Indiana date EPA Approval Explanation 

*******

Section 110(a)(2) Infrastructure 

Requirements for the 2006 

24-Hour PM2.5 NAAQS.

10/20/2009, 

6/25/2012, 

7/12/2012 

7/10/2013, 78 FR 41311 ........ This action addresses the following CAA elements: 

110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M). We are finalizing approval of the 

PSD source impact analysis requirements of section 

110(a)(2)(C), (D)(i)(II), and (J), but are not finalizing action 

on the visibility protection requirements of (D)(i)(II), and the 

state board requirements of (E)(ii). We will address these 

requirements in a separate action. 

5/22/2013 4/7/2014, [INSERT PAGE 

NUMBER WHERE THE 

DOCUMENT BEGINS].

This action addresses the following CAA elements: State 

board requirements of section 110(a)(2)(E)(ii). 

* * * * * * * 

■ 3. Section 52.1891 is amended by 

adding paragraph (d) to read as follows: 

§ 52.1891 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(d) Approval—In a June 7, 2013, 

submission, Ohio certified that the state 

has satisfied the infrastructure SIP 

requirements of section 110(a)(2)(E)(ii) 

for the 2006 24-hour PM2.5 NAAQS. 

[FR Doc. 2014–07564 Filed 4–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0299; FRL–9909–09– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Section 110(a)(2) 

Infrastructure Requirements for the 

2008 Ozone National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia 

pursuant to the Clean Air Act (CAA). 

Whenever new or revised National 

Ambient Air Quality Standards 

(NAAQS) are promulgated, the CAA 

requires states to submit a plan for the 

implementation, maintenance, and 

enforcement of such NAAQS. The plan 

is required to address basic program 

elements, including, but not limited to 

regulatory structure, monitoring, 

modeling, legal authority, and adequate 

resources necessary to assure attainment 

and maintenance of the standards. 

These elements are referred to as 

infrastructure requirements. The State of 

West Virginia has made a submittal 

addressing the infrastructure 

requirements for the 2008 ozone 

NAAQS. 

DATES: This final rule is effective on 

May 7, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2013–0299. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

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 for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, (215) 814–5787, or by 

email at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of SIP Revision 

On February 17, 2012, the West 

Virginia Department of Environmental 

Protection (WV DEP) submitted a SIP 

revision that addresses the 

infrastructure elements specified in 

section 110(a)(2) of the CAA, necessary 

to implement, maintain, and enforce the 

2008 ozone NAAQS. On July 2, 2013 (78 

FR 39650), EPA published a notice of 

proposed rulemaking (NPR) for the State 

of West Virginia proposing approval of 

West Virginia’s submittal. In the NPR, 

EPA proposed approval of the following 

infrastructure elements: Section 

110(a)(2)(A), (B), (C), (D), (E), (F), (G), 

(H), (J), (K), (L), and (M), or portions 

thereof. EPA has taken separate action 

on the portions of section 110(a)(2)(C), 

(D)(i)(II), and (J) as they relate to West 

Virginia’s prevention of significant 

deterioration (PSD) program and is 

taking separate action on section 

110(a)(2)(E)(ii) as it relates to section 

128 (State Boards). West Virginia did 

not submit section 110(a)(2)(I) which 

pertains to the nonattainment 

requirements of part D, Title I of the 

CAA, since this element is not required 

to be submitted by the 3-year 

submission deadline of section 

110(a)(1), and will be addressed in a 

separate process. West Virginia also did 

not include a component to address 

section 110(a)(2)(D)(i)(I) as it is not 

required in accordance with the EME 

Homer City decision from the United 

States Court of Appeals for the District 

of Columbia Circuit, until EPA has 

defined a state’s contribution to 

nonattainment or interference with 

maintenance in another state. See EME 

Homer City Generation, LP v. EPA, 696 

F.3d 7 (D.C. Cir. 2012), cert. granted, 

133 U.S. 2857 (2013). Unless the EME 

Homer City decision is reversed or 

otherwise modified by the Supreme 

Court, states such as West Virginia are 

not required to submit section 

110(a)(2)(D)(i)(I) SIPs until the EPA has 

quantified their obligations under that 

section. Therefore, a 110(a)(2)(D)(i)(I) 

submission from West Virginia is not 

statutorily required at this time. As no 

such submission was made by the State, 

there is no 110(a)(2)(D)(i)(I) SIP pending 


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