65590 Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0567; FRL–9902– 

36—Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Indiana PM2.5 NSR 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to Indiana’s state 

implementation plan as requested by 

the Indiana Department of 

Environmental Management (IDEM) to 

EPA on July 12, 2012, and December 12, 

2012. The revisions to Indiana’s state 

implementation plan (SIP) implement 

certain EPA regulations for particulate 

matter smaller than 2.5 micrometers 

(PM2.5) by establishing definitions 

related to PM2.5, defining PM2.5

increment levels, and setting PM2.5 class 

1 variances. The revisions also 

incorporate definitions and regulations 

that recognize nitrogen oxides (NOX) as 

an ozone precursor. 

DATES: Comments must be received on 

or before December 2, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2012–0567, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: damico.genevieve@epa.gov. 

3. Fax: (312) 385–5501. 

4. Mail: Genevieve Damico, Chief, Air 

Permits Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Genevieve Damico, 

Chief, Air Permits 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–2012– 

0567. 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. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone 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 should I consider as I prepare my 

comments for EPA? 

II. What is the background information for 

this action? 

A. PM2.5-Related Actions 

B. Ozone-Related Actions 

C. Indiana’s Actions 

III. What are the revisions that the State 

submitted for approval? 

A. Rule 326 IAC 2–2–1, Definitions 

B. Rule 326 IAC 2–2–4, Air Quality 

Analysis; Requirements 

C. Rule 326 IAC 2–2–6, Increment 

Consumption; Requirements 

D. Rule 326 IAC 2–2–14, Sources 

Impacting Federal Class I Areas; 

Additional Requirements 

E. Rule 326 IAC 2–3–1, Definitions 

F. Rule 326 IAC 5–1–5, Violations 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. What should I consider as I prepare 

my comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions—EPA may ask 

you to respond to specific questions or 

organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What is the background information 

for this action? 

IDEM has requested EPA’s approval of 

several revisions to Indiana’s SIP. These 

revisions were made to comply with 

regulations enacted to address the PM2.5

national ambient air quality standards 

(NAAQS) and also to include NOX as a 

precursor to ozone. These revisions 

implement the new source review (NSR) 

and prevention of significant 

deterioration (PSD) program, as required 

by EPA’s regulations. 


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Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Proposed Rules 65591 

1For example, in the preamble to ‘‘Final Rule To 

Implement the 8-Hour Ozone National Ambient Air 

Quality Standard-Phase 2’’ (70 FR 71612), EPA 

includes NOX as an ozone precursor, citing its role 

in ozone formation and transport. 

A. PM2.5-Related Actions 

On April 25, 2007, EPA published (72 

FR 20586) as a final rule in the Federal 

Register the ‘‘Clean Air Fine Particle 

Implementation Rule’’. This action 

provides rules and guidance for the 

Clean Air Act requirements for SIPs to 

implement the 1997 fine particle 

NAAQS. As part of this rulemaking, 

EPA promulgated 40 CFR part 51, 

subpart Z ‘‘Provisions for 

Implementation of PM2.5 National 

Ambient Air Quality Standards’’. 40 

CFR part 51, subpart Z outlines the 

requirements that a state SIP must meet 

to implement and comply with the 

PM2.5 NAAQS. The final rule became 

effective on May 29, 2007. 

On May 16, 2008, EPA published (73 

FR 28321) as a final rule in the Federal 

Register the ‘‘Implementation of the 

New Source Review (NSR) Program for 

Particulate Matter Less than 2.5 

Micrometers (PM2.5)’’. These regulations 

establish the PM2.5 NSR program. 

Among the finalized elements of the 

PM2.5 NSR program are provisions 

establishing the PM2.5 major source 

threshold, significant emissions rate, 

and applicability of NSR to PM2.5

precursors. This final rule became 

effective on July 15, 2008. 

B. Ozone-Related Actions 

On November 29, 2005, EPA 

published (70 FR 71612) in the Federal 

Register the ‘‘Final Rule to Implement 

the 8-Hour Ozone National Ambient Air 

Quality Standard—Phase 2’’. Part of this 

rule established, among other 

requirements, NOX as a precursor to 

ozone. The final rule became effective 

on January 30, 2006. 

C. Indiana’s Actions 

In response to EPA’s actions regarding 

PM2.5 and ozone, Indiana began the 

process to revise its state environmental 

rules to comply with the new 

regulations. During the rulemaking 

process, Indiana promulgated 

‘‘emergency rules’’ designed to 

implement the regulations required by 

EPA’s PM2.5- and ozone-related actions. 

These emergency rules mirrored in 

substance the regulations Indiana 

intended to adopt. On June 11, 2012, 

Indiana adopted regulations 

implementing the required PM2.5 and 

NOX ozone precursor regulations. The 

revisions to Indiana’s environmental 

regulations became effective on July 11, 

2012. 

On July 12, 2012, IDEM sent a letter 

to EPA requesting EPA’s approval of 

parts of the revisions made to Indiana’s 

SIP. These changes define ‘‘direct 

PM2.5,’’ addresses precursors to ozone 

and PM2.5, and revises existing 

definitions within Indiana’s SIP to 

reflect these changes. In the same letter, 

Indiana requested EPA’s approval to 

revisions made to its title V operating 

permit program. 

On December 12, 2012, IDEM 

submitted a second letter to EPA 

requesting approval of additional 

revisions to Indiana’s SIP beyond those 

requested on July 12, 2012. The 

requested revisions modify provisions 

related to PM2.5 class I variances, 

increment consumption, and baseline 

dates. 

Indiana also made other revisions to 

its state environmental regulations such 

as adding language intended to make 

some regulations clearer while 

maintaining their current meaning. 

Since IDEM did not submit these 

revisions to EPA for approval into the 

SIP, EPA will not be taking action on 

them. 

III. What are the revisions that the state 

submitted for approval? 

The revisions IDEM submitted for 

EPA’s approval implement the PM2.5

NAAQS, PM2.5 NSR program and 

regulations related to NOX as a 

precursor to ozone. The submittal 

includes a request to approve revisions 

made to Indiana’s state regulations at 

326 Indiana Administrative Code (IAC) 

326 IAC 2–2–1, 326 IAC 2–2–4, 326 IAC 

2–2–6, 326 IAC 2–2–14, 326 IAC 2–3– 

1 and 326 IAC 5–1–5. 

As part of this submittal, Indiana also 

requested revisions to 326 IAC 2–1.1–3 

establishing exemptions that may apply 

to new sources, modifications to 

existing sources, and revisions of 

existing operating permits. However, 

these revisions are for regulations EPA 

had not previously approved into 

Indiana’s SIP. Since these regulations 

were not previously approved into the 

SIP and are not being proposed as a new 

addition to the SIP, EPA will not be 

taking action on 326 IAC 2–1.1– 

3(d)(2)(A), 2–1.1–3(e)(1)(A), and 2–1.1– 

3(h)(2)(B)(xi)at this time. 

Indiana also requested EPA to 

approve changes to Indiana’s title V 

program found at 326 IAC 2–7. 

However, revisions to the title V 

program should be included as part of 

a separate title V program submission 

and not part of a SIP approval. For this 

reason, EPA will not be taking action on 

revisions to 326 IAC 2–7–1(21)(E)(vi) 

and 2–7–1(42)(C)(ii)(FF) in this 

proposal. 

A description and analysis of the SIP 

revisions for approval follows. 

A. Rule 326 IAC 2–2–1, Definitions 

Indiana has revised several 

definitions at 326 IAC 2–2–1. The 

revisions are summarized in the 

following paragraphs. 

The definition of ‘‘major source 

baseline date’’ at 326 IAC 2–2–1(ee)(3) 

adds October 20, 2010, as the major 

source baseline date for PM2.5. This is 

consistent with 40 CFR 

51.166(b)(14)(i)(c). 

The definition of ‘‘baseline area’’ at 

326 IAC 2–2–1(f)(1) was revised to 

explicitly identify pollutant air quality 

impacts that would define a baseline 

area where a minor source baseline date 

is already established. This revision is 

consistent with 40 CFR 51.166(b)(15)(i). 

Indiana’s revision of ‘‘minor source 

baseline date’’ at 326 IAC 2–2– 

1(gg)(1)(c) establishes October 20, 2011, 

as the trigger date for PM2.5. This is 

consistent with 40 CFR 

51.166(b)(14)(ii)(c). 

The previously listed revised 

definitions are consistent with 

definitions found at 40 CFR 51.166(b). 

EPA finds the revisions to 326 IAC 2– 

2–1 approvable. 

B. Rule 326 IAC 2–2–4, Air Quality 

Analysis; Requirements 

Indiana revised 326 IAC 2–2– 

4(b)(2)(A)(vi) requiring ozone ambient 

air quality data to be provided if the net 

increase of NOX is more than 100 tons 

per year. Because this revision is 

consistent with 40 CFR 51.166(i)(5)(i)(f), 

EPA approved it on October 29, 2012 

(77 FR 65478). However, this revision 

was incorrectly cited as 326 IAC 2–2– 

4(b)(2)(vi). EPA is correcting the citation 

with this action. 

Indiana also revised 326 IAC 2–2– 

4(c)(4) by allowing an owner or operator 

of a proposed major stationary source or 

major modification of volatile organic 

compounds (VOC) or NOX who satisfies 

all conditions of 40 CFR part 51, 

appendix S, section IV, to provide postapproval monitoring data for ozone in 

lieu of preconstruction data. This 

revision differs from the regulation 

found at 40 CFR 51.166(m)(1)(v), which 

allows a SIP to authorize the submission 

of post-approval monitoring data for 

ozone in lieu of providing 

preconstruction data for VOC but not 

NOX . However, NOX and VOC are both 

considered ozone precursors under PSD 

regulations.1 326 IAC 2–2–4(c)(4), as 

revised, allows the submission of both 

VOC and NOX post-approval monitoring 


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data only when evaluating their impact 

as ozone precursors. This revision does 

not create an exclusion for NOX with 

regard to preconstruction monitoring for 

other applicable NAAQS, such as the 

NO2 NAAQS or the PM2.5 NAAQS. 

Because the option to provide NOX postapproval data in lieu of preconstruction 

monitoring data is narrowly restricted to 

its role as an ozone precursor, EPA finds 

this revision to be approvable. 

C. Rule 326 IAC 2–2–6, Increment 

Consumption; Requirements 

Indiana has revised 326 IAC 2–2–6(b) 

by adding allowable PM2.5 increments as 

listed in 40 CFR 51.166(c)(1). Other 

revisions to 326 IAC 2–2–6(b) which do 

not change the overall meaning of the 

regulation include changing the word 

‘‘such’’ to ‘‘the’’ and abbreviating 

‘‘particulate matter’’ as ‘‘PM.’’ EPA finds 

this revision to be approvable. 

D. Rule 326 IAC 2–2–14, Sources 

Impacting Federal Class I Areas; 

Additional Requirements 

Indiana revised 326 IAC 2–2–14(e) by 

adding class I variances for PM2.5. This 

revision is consistent with 40 CFR 

51.166(p)(4). EPA finds this revision to 

be approvable. 

E. Rule 326 IAC 2–3–1, Definitions 

The definition of ‘‘regulated NSR 

pollutant’’ at 326 IAC 2–3–1(mm)(3) 

identifies ozone and PM2.5 precursors in 

nonattainment areas. This change is 

consistent with 40 CFR 

51.165(a)(1)(xxxvii). EPA finds this 

revision to be approvable. 

The definition of ‘‘significant’’ at 326 

IAC 2–3–1(pp) has also been revised by 

adding the significant emission rate for 

PM2.5 and by changing the phrase 

‘‘oxides of nitrogen’’ to ‘‘nitrogen 

oxides.’’ This change is consistent with 

40 CFR 51.165(a)(1)(x). EPA finds this 

revision to be approvable. 

F. 326 IAC 5–1–5, Violations 

326 IAC 5–1–5(b)(1)(E) requires 

owners and operators to submit, as part 

of the petition requesting alternate 

opacity limits, applicable particulate 

matter limits. Under the currently 

approved SIP, the only applicable 

particulate matter limits are those 

associated with PM and PM10, but not 

PM2.5. Indiana has revised 326 IAC 5– 

1–5(b)(1)(E) to require owners and 

operators of sources and facilities 

seeking alternate opacity limits to 

submit PM, PM10, or PM2.5 limits. EPA 

finds this revision approvable because 

the revised SIP provision is more 

stringent since it now requires PM2.5

limits to be submitted with petitions 

requesting alternate opacity limits. 

IV. What action is EPA taking? 

EPA is proposing to approve revisions 

to Indiana’s SIP that implements a 

portion of the PM2.5 requirements and 

also incorporates NOX as an ozone 

precursor. These revisions were made to 

meet EPA’s requirements for Indiana’s 

PSD and NSR program and are 

consistent with Federal regulations. 

Specifically, EPA is proposing to 

approve the following: 

(i) 326 IAC 2–2–1(ee)(3); 

(ii) 326 IAC 2–2–1(f)(1); 

(iii) 326 IAC 2–2–1(gg)(1)(c); 

(iv) 326 IAC 2–2–4(b)(2)(A)(vi); 

(v) 326 IAC 2–2–4(c)(4); 

(vi) 326 IAC 2–2–6(b); 

(vii) 326 IAC 2–2–14(e); 

(viii) 326 IAC 2–3–1(mm)(3); 

(ix) 326 IAC 2–3–1(pp); and 

(x) 326 IAC 5–1–5(b)(1)(E). 

EPA is taking no action with respect 

to 326 IAC 2–1.1–3(d)(2)(A), 326 IAC 2– 

1.1–3(e)(1)(A), and 326 IAC 2–1.1– 

3(h)(2)(B)(xi) because Indiana requested 

EPA to take action on revisions made to 

the state’s regulations that were not 

previously approved into Indiana’s SIP. 

If Indiana requests in the future that 

EPA take action with respect to these 

regulations as part of a separate SIP 

submission, EPA will do so at that time. 

EPA is taking no action with respect 

to the revisions made to Indiana’s title 

V program at 326 IAC 2–7–1(21)(E)(vi) 

and 326 IAC 2–7–1(42)(C)(ii)(FF) 

because the title V program is approved 

as a program separate from Indiana’s 

SIP. EPA will take action on the 

revisions to Indiana’s title V program as 

part of a title V program submission. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air Act 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 Clean Air Act. 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 

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. 

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: October 21, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2013–26267 Filed 10–31–13; 8:45 am] 

BILLING CODE 6560–50–P 


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